Legal Question in Landlord & Tenant Law in New York

Refrigerator

I rent a house out . I provide a stove,

but not the refrigerator. The tenant

is behind in his rent and when I

asked him for it, he ignores me. So I

wrote to him telling him I was going

to give him a 30 day notice. Now he

says he is reporting me to social

serviices for not providing him with a

refrigerator, because he has a small

child. They have lived there for over a

month. He told me he bought one.

What is the law in New York State-

Ulster County. Thanks


Asked on 10/12/08, 2:31 am

1 Answer from Attorneys
jeffrey lazroe Jeffrey A. Lazroe attorney at law

Re: Refrigerator

There is no law that you have to provide a tenant with a stove or refrigerator. The only exception if it was in a lease and the least so provided it.

You can give them a 30 day notice before the end of the month (before October 31, 2008), and they would have to be out in December 1, 2008. Send it by regular mail, certified mail, and have someone other than you had them a copy of it so they can't deny it.

You can also give him a three (3) day notice to vacate if he is behind in his rent. If you want them out faster this is the way to do it.

The only difference in defenses, is that there is no defense to a 30 day notice, but a 3 day notice for non-payment can be defended upon a claim of warranty of habitability. However, not providing a refrigerator is not a breach of warranty of habitability.

If you need further assistance, please feel free to contact me.

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Answered on 10/12/08, 4:08 pm


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