Can my tenant leave the rental after a fire caused by faulty appliances?

Full question:

I have rented my house in New York to a family. I had made some repairs in the building recently and got some new electrical appliances for the tenants. Due to some glitch in the new electrical appliances, the kitchen caught fire and got damaged. Now my tenant wants to quit the rental premises and shift to a new house. Can my tenant quit the premises in such a situation?

  • Category: Landlord Tenant
  • Subcategory: Lease Termination
  • Date:
  • State: New York

Answer:

In New York, if the rental property is damaged or destroyed, making it unfit for living, the tenant may leave and surrender the lease, provided the damage was not their fault. This applies unless there is a written agreement stating otherwise. If the tenant surrenders the lease, they are not responsible for paying rent after the surrender date. Any rent paid in advance will be adjusted accordingly (NY CLS Real § 227).

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In New York, there isn't a specific law that states how long a tenant can go without electricity before it becomes a legal issue. However, landlords are generally required to provide essential services, including electricity. If the electricity is out for an extended period, tenants may have grounds to request repairs or even terminate their lease if the situation makes the property uninhabitable.