Legal Question in Landlord & Tenant Law in New York

Warranty of Habitability in a commercial lease?

I am the landlord in a commercial lease. The lease was signed in May, this year. The premises was previously used as a single family home. The tenant is a new, non-profit orginization. Their main source of funding is the county government. I beleived everything was fine, however I just received a letter from the county attorney saying that the city code enforcer has found things at the home that must be corrected to allow it to be used as a commercial space. The largest of these is handicap access to the 2nd floor. I contacted the attorney and explained my position. The lease's third paragraph states,''tenant shall promptly execute and comply with all statutes, ordinances,rules, orders, regulations and requirements of the Federal, State and Local Governments...'' The tenant states that they have a ''warranty of habitability'' which requires me to bring the building to code. I cannot find this warranty in the lease. I feel that their recently hired director doesn't like the house and is looking for a way out. I heard this from the code inspector who thought he was helping the orginization get out a sale contract. Is this ''warranty'' implied in a commercial lease? I believe it only pertains to residential apartment leases.


Asked on 8/18/04, 9:56 pm

1 Answer from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: Warranty of Habitability in a commercial lease?

Habitability implies residence. It is applicable to residential leases. If the issue of codes was addressed in the lease, I believe that you are protected as far as that goes, but in order to avoid a lawsuit it might be in your interest to pursue the possibility of splitting costs to bring the premises up to code, after all if this tenant evacuates, you will have an empty property while a law suit commences and the issue will come up with the next tenant as well.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 8/19/04, 9:32 am


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