Legal Question in Real Estate Law in New York

I own a shopping plaza and my tenant's water heater is leaking...

One of my tenants (a barber) informed me that his water heater is leaking. I purchased the commercial property 3 years ago with the tenant pre-existing. Allegedly, he states the water heater was there when he moved in. I would assume that if this were the case the unit would be mine since it came with the building and therefore I would be obligated to fix it. However, my lease does not state explicitly that I have to provide hot water which made me think I should just take out the water heater (thereby ''fixing'' the leak) and force the tenant to buy his own. However, I am concerned that there may be an issue of implied warranty as he claims to have leased the space with the water heater already installed and so I suppose he could argue that he leased on the pretense that hot water was available. To summarize briefly, my lease only states that I am leasing x amount of square feet for use as a barbershop and that the tenant is responsible for maintenance of everything inside (minus wear and tear). I am only responsible for repair of structural defects. which prompts me to ask if I have to replace anything at all since the water heater is non-structural. Essentially, I need to know if I have to replace it.


Asked on 3/13/09, 6:55 am

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

Re: I own a shopping plaza and my tenant's water heater is leaking...

I would have to see the lease in order to comment. Even a large water tank should not be more than $500.00. Sometimes it is good landlord tennant public relations to fix minor (although $500.00 is not minor) problems.

If you would like to discuss this matter further, please feel free to contact me.

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Answered on 3/13/09, 10:33 am


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