Is it legal for a tenant to install a washer and dryer of his own?
Full Question:
Answer:
Generally, a landlord is obligated to supply possession of the premises as agreed in the lease. The premises must meet minimum standards of habitability including compliance with applicable building codes. Weatherizing, locks, running water, working plumbing, heating and cooling, pest control, and other basics must be in place. A landlord is obligated to keep the premises in repair, to the same standard as existed when the tenant initially leased the premises. Damages caused by the tenant, however, will be repaired only at tenant's expense.
Aside from complying with the lease agreement (many of which typically incorporate statutory duties of tenants), the tenant is obliged to keep the premises in as clean and safe condition as possible, and comply with any applicable health and safety codes, including proper disposale of garbage. The facilities and appliances in the premises must be used in a reasonable manner. A Tenant must not damage the premises, nor cause a nuisance to neighboring tenants. A Tenant must not permit or participate in criminal activity on the premises. A Tenant is required to inform landlord of any dangerous conditions that develop, of any damage caused to the premises by whatever source, and of any serious injury to the tenant, tenant's family or guests, or tenant's property while on the premises.
A landlord may adopt rules and regulation concerning the tenant's use and occupancy of the premises in order to promote safety and welfare, preserve property, and fairly distribute services and facilities. If the rules are reasonable and specific, they will be enforceable if the tenant has notice of the rules, either at the time the tenant enters into the lease agreement, or at the time the rule is adopted. If adopted after the tenant has entered the agreement, the tenant must consent to it in writing if the rule substantially modifies the lease agreement.
The applicable New York statutes are as follows:
§ 235-b Real Prop. Warranty of habitability.
1. In every written or oral lease or rental agreement for residential
premises the landlord or lessor shall be deemed to covenant and warrant
that the premises so leased or rented and all areas used in connection
therewith in common with other tenants or residents are fit for human
habitation and for the uses reasonably intended by the parties and that the
occupants of such premises shall not be subjected to any conditions which
would be dangerous, hazardous or detrimental to their life, health or
safety. When any such condition has been caused by the misconduct of the
tenant or lessee or persons under his direction or control, it shall not
constitute a breach of such covenants and warranties.
2. Any agreement by a lessee or tenant of a dwelling waiving or modifying
his rights as set forth in this section shall be void as contrary to public
policy.
3. In determining the amount of damages sustained by a tenant as a result
of a breach of the warranty set forth in the section, the court;
(a) need not require any expert testimony; and
(b) shall, to the extent the warranty is breached or cannot be cured by
reason of a strike or other labor dispute which is not caused primarily by
the individual landlord or lessor and such damages are attributable to such
strike, exclude recovery to such extent, except to the extent of the net
savings, if any, to the landlord or lessor by reason of such strike or
labor dispute allocable to the tenant's premises, provided, however, that
the landlord or lesser has made a good faith attempt, where practicable, to
cure the breach.
(c) where the premises is subject to regulation pursuant to the local
emergency housing rent control law, the emergency tenant protection act of
nineteen seventy-four, the rent stabilization law of nineteen hundred
sixty-nine or the city rent and rehabilitation law, reduce the amount
awarded hereunder by the total amount of any rent reduction ordered by the
state division of housing and community renewal pursuant to such laws or
act, awarded to the tenant, from the effective date of such rent reduction
order, that relates to one or more matters for which relief is awarded
hereunder.
§ 235-c Real Prop. Unconscionable lease or clause.
1. If the court as a matter of law finds a lease or any clause of the
lease to have been unconscionable at the time it was made the court may
refuse to enforce the lease, or it may enforce the remainder of the lease
without the unconscionable clause, or it may so limit the application of
any unconscionable clause as to avoid any unconscionable result.
2. When it is claimed or appears to the court that a lease or any clause
thereof may be unconscionable the parties shall be afforded a reasonable
opportunity to present evidence as to its setting, purpose and effect to
aid the court in making the determination.
§ 227 Real Prop. When tenant may surrender premises.
Where any building, which is leased or occupied, is destroyed or so
injured by the elements, or any other cause as to be untenantable, and
unfit for occupancy, and no express agreement to the contrary has been made
in writing, the lessee or occupant may, if the destruction or injury
occurred without his or her fault or neglect, quit and surrender possession
of the leasehold premises, and of the land so leased or occupied; and he or
she is not liable to pay to the lessor or owner, rent for the time
subsequent to the surrender. Any rent paid in advance or which may have
accrued by the terms of a lease or any other hiring shall be adjusted to
the date of such surrender.