Legal Question in Real Estate Law in New York
landlord wont replace refrigerator.
does the landlord have to repair or replace the refrigerator,if it breakes down,it states in the lease that a oven and a refrigerator are included in the rent.
2 Answers from Attorneys
Re: landlord wont replace refrigerator.
If the lease states that rent includes a stove and refrigerator, then Landlord is obligated to provide appliances that function, unless there is a clause in the lease stating that Tenant is responsible for repairs to same, which would be unlikely. If the Landlord refuses to fix the appliance, Tenant can have it repaired, or, if not repairable, purchase a new one and sue Landlord for the amount in Small Claims Court. However, first notify landlord in writing and give Landlord a reasonable time to either make the repair or replace with a new appliance. In summer,a reasonable time would not be in excess of one week.
Re: landlord wont replace refrigerator.
The landlord must replace or repair. If replacing then only with a comparable one. It does not have to be new.