Full question:
I moved into an apartment in White Plains, New York about two months back. In the lease agreement signed by me, there was a provision stating that the landlord had undertaken all repairs necessary to make the apartment fit for living and the tenant is completely responsible for the maintenance of the house from the date of handing over of possession till the expiry of the lease. It has been raining for the past two days and I saw that the roof is leaking resulting in my living room becoming wet and damp. I never expected that the apartment would have such major problems. Can I force my landlord to pay for the cost of repairing the roof?
- Category: Abandoned Property
- Subcategory: Landlord Tenant
- Date:
- State: New York
Answer:
Under New York law, landlords must ensure that rental properties are fit for human habitation. This includes maintaining the premises and addressing issues like leaks. Even if your lease states that you are responsible for maintenance, any agreement that waives your rights to a habitable living condition is void. Therefore, your landlord is still responsible for repairing the roof leak, as it affects the habitability of your apartment.
This warranty of habitability is outlined in N.Y. Real Prop. Law § 235-b, which states that landlords must provide safe and livable conditions. If they fail to do so, they are liable for damages related to the unfit condition. You may pursue the landlord for the repair costs.
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.