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What is a NYC landlord required to pay for?



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amother
Pearl


 

Post Sun, Apr 26 2015, 1:47 am
We will soon be moving into a new Brooklyn apartment. We were told by the current tenants that the landlord does not pay for anything. What is a landlord legally required to pay for? Does anything need to be specifically mentioned in the lease for him to be responsible for, or is he automatically held responsible for certain repairs, whether it's listed on the lease or not? For example, a clogged toilet or calling an exterminator. Also, is he legally required to install working smoke and carbon monoxide detectors and bars on the windows at his expense?
Any suggestions what would be advisable to add to the lease before we sign? Also, suggestions for how to handle repairs in the future that he refuses to take responsibility for. TIA!

ETA: I would just like to clarify that I don't want to scare him off from taking us as tenants, by insisting that certain clauses need to be added to the lease before we agree to sign. I don't want him to be afraid that we'll make tough tenants. Our current landlord paid for most repairs, such as clogged toilets, broken radiator, etc. and occasionally, when we felt that it was our fault, we took care of the repairs ourselves. We aren't difficult tenants, but we do expect our landlord to do what's accepted. It may be simpler if we request repairs from the landlord as they come, but maybe it would be appropriate to clarify with him by adding a clause to the lease?
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STovah




 
 
    
 

Post Sun, Apr 26 2015, 8:56 am
Depends on the kind of apartment and the lease.
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mille




 
 
    
 

Post Sun, Apr 26 2015, 9:07 am
This might help, OP: http://www.ncsl.org/research/e......aspx
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Amarante




 
 
    
 

Post Sun, Apr 26 2015, 9:57 am
Are you renting a house or an apartment in a two family house. I ask because Landlord Tenant law is quite different depending on what you are renting.

If you are moving into an apartment building or even a home with three units, the landlord has a lot of obligations which CANNOT be waived in a lease - I.e. minimum heat in the winter; hot water; repairs etc. So it doesn't matter what the lease says, if it is a "multiple dwelling" as defined by NYC law, the landlord is obligated to provide certain things and is responsible for repairs.

I personally would be hesitant to move into an apartment where I was told the landlord paid for nothing because there are many things that can go wrong in a house over which a tenant has no control and it is the responsibility of the owner/landlord to keep a place maintained as a cost of doing business.

Before moving in, I would find out exactly what "nothing" meant - no heat? not fixing leaky roof? What if the faucets break?
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ra_mom




 
 
    
 

Post Sun, Apr 26 2015, 10:24 am
Landlord required to make repairs (as long as tenant not at fault), give heat (not necessarily pay for it), exterminate, provide child safety gates on windows 2nd floor and higher, smoke/carbon monoxide detectors, etc.
Clogged toilets and drains we paid for ourselves, didn't ask landlord since part of our use, we replaced smoke detectors when needed. Busted pipes, broken thermostat, problem with locks, we asked him to take care of.
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amother
Pearl


 

Post Mon, Apr 27 2015, 2:10 pm
Before I sign the lease, anything I should make sure is included on the lease?
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Amarante




 
 
    
 

Post Mon, Apr 27 2015, 2:13 pm
Again, it's important to know what kind of place you are moving into because if you are subject to the protections of the NYC Tenant Laws, that is more important than the lease. If your unit is not covered, you have to be careful to spell out exactly what your expectations are - I.e. how much notice if he wants you to leave? How much can he raise rent by at the end of the initial term? Who is responsible for heat or repairs?
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amother
Pearl


 

Post Mon, Apr 27 2015, 2:48 pm
It's a regular three family house in Brooklyn. Not rent controlled.
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amother
Indigo


 

Post Mon, Apr 27 2015, 2:55 pm
Why in the world would you want to rent an apartment from a landlord who is warning you up-front he will not pay for any repairs? Do you really want to be shelling out $1000 or more if say, your boiler breaks down and has to be replaced?
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Sadie




 
 
    
 

Post Mon, Apr 27 2015, 3:00 pm
I once had a terrible landlord who wouldn't pay for extermination so I just paid for it myself, and the next rent check was for rent minus price of extermination. He was livid, but there wasn't anything he could do, practically. In NYC the law is on your side as a tenant.
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Amarante




 
 
    
 

Post Mon, Apr 27 2015, 3:13 pm
In NYC, technically a three unit building is considered a multiple dwelling and so the landlord has certain obligations unlike a two family house which isn't regulated. Is it a legal three bedroom? I ask because in my parent's neighborhood of Midwood some people illegally rented out their basement apartment even though the Certificate of Occupancy was legally only for two apartments and the basement was illegal.

That said, I would also be hesitant about moving into a place where I was told the landlord fixes nothing - that's a HUGE range of possibilities - I.e. I would have no issues about fixing a clog in the sink or toilet but what about broken pipes in the walls, the furnace breaking down or major sewage backup or leaks or other maintenance issues.

Also who pays for the heat and water. How is the home heated? Is there a furnace/boiler in the basement that supplies heat and hot water for all units? Where are the thermostats located for each unit? Are there wall A/C units? All kinds of things to consider.

My parents lived in a two family in Midwood and after my Bubbe died, they rented out what had been her apartment. My father fixed everything though and would never have thought to make the renter repair anything.
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amother
Floralwhite


 

Post Mon, Apr 27 2015, 9:38 pm
Look, on a practical note - forewarned is forearmed.

I've lived in a house where the landlord wanted to do nothing except collect the rent. He only did what was clearly stated in the lease (structural/fixture repair) and took his time to do so.

Legal is all great.. but if you have a rat running loose in your house, you need an exterminator now, not whenever the landlord decides to call one eventually.

So, if you really like the place and you know the landlord is uninvolved, I would figure the extra expenses in the rent ad see if it is still worth it. You can try negotiating a lower rent based on this and tell him straight out that you will not bother him except for major things.

He should definitely take care of major repairs, within a certain reasonable time limit.

Also, anything that you want him to fix or change - BEFORE you move in or it will never happen. For us, that was bars on the windows - nonnegotiable.
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