Sign up to join one of the largest Law Forums on the Internet! Join Now!
Tweet Follow @LawBlogger1   

Advertisments:


Useful Links:

Bar Exam Flashcards
Discount Legal Forms
Discounted Legal Texts

Can an "As Is" clause in an apartment rental lease relieve a landlord from fixing dangerous conditions?

  
Tweet

Can an "As Is" clause in an apartment rental lease relieve a landlord from fixing dangerous conditions?

Postby langford59 » Thu Oct 27, 2011 10:24 am

I live in New York City and there is an "As Is" clause in my lease that states "tenant shall be responsible for painting, drywall, and other repairs which are deemed necessary by the tenant or any regulating agency which inspects the apartment at tenants request. Including but not limited to broken windows, doors, appliances, base trim, countertops, etc. ..." I have an outlet that is shorting and sparking and is a fire hazard. Is the landlord obligated to fix this based on the Warranty of Habitability law or am I responsible?
langford59
 
Posts: 0
Joined: Thu Mar 31, 2011 6:45 pm
Top

Can an "As Is" clause in an apartment rental lease relieve a landlord from fixing dangerous conditions?

Postby gilleabart » Thu Oct 27, 2011 10:33 am

Why would you sign a lease like that? It takes you from the world of black and white into the various legal shadows of gray.

And what landlord would do this, leaving himself at the mercy of idiot tenants who do repairs with bobby pins and duct tape and slap a coat of paint over it?
gilleabart
 
Posts: 0
Joined: Fri Apr 01, 2011 7:09 am
Top

Can an "As Is" clause in an apartment rental lease relieve a landlord from fixing dangerous conditions?

Postby thom » Thu Oct 27, 2011 10:50 am

I have never seen an as is clause in a residential lease, I would recommend consulting with an attorney about this because I am doubtful that that as is clause holds any water.
thom
 
Posts: 0
Joined: Fri Apr 01, 2011 8:51 pm
Top

Can an "As Is" clause in an apartment rental lease relieve a landlord from fixing dangerous conditions?

Postby jung-hwa75 » Thu Oct 27, 2011 10:52 am

As Is by default is intended to relief the landlord from private preferences such as minor repairs inside the apartment, cleaning and sanitizing the apartment. Common things such as electricity and pipes and all others which go beyond the frontiers of the apartment should be excempted from the 'as is' clause.
jung-hwa75
 
Posts: 0
Joined: Thu Mar 31, 2011 10:39 am
Top


Return to Rental Law

 


  • Related topics
    Replies
    Views
    Last post

Who is online

Users browsing this forum: No registered users and 0 guests