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Posted by TenantNet on January 21, 2002 at 20:29:21:

In Reply to: what is the FULL story on replacing a dying/dead fridge in a rc apt?? posted by zwii on January 21, 2002 at 16:56:52:

ALthough it's true the LL must provide a working refridgerator at no cost, but if the tenant consents to a new appliance, there would be a rent increase. However...

Consult with a tenant attorney. Housing Court is studded with examples of tenants installing their own appliances, only to find out they can't do so. It may be in violation of the terms of the lease (in RC, there still might be original leases). In some cases though, a LL's acquiesance might be construed as a waiver to object. We've seen various cases taking various approaches to this issue (some deal with washing machines and plumbling, not refrigerators). What happens to the old refrigerator? Does the new refrigerator become property of the LL? Does the tenant supplying the fridge thereby waive the LL's obligation to later supply one to the tenant or subsequent tenants? These are issues that might arise. On the other hand, maybe nothing will happen. We've seen no definitive case on this as facts are always peculiar to a given situation. Maybe one of the attorney lurkers will chime in.

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Comments:
: ALthough it's true the LL must provide a working refridgerator at no cost, but if the tenant consents to a new appliance, there would be a rent increase. However...

: Consult with a tenant attorney. Housing Court is studded with examples of tenants installing their own appliances, only to find out they can't do so. It may be in violation of the terms of the lease (in RC, there still might be original leases). In some cases though, a LL's acquiesance might be construed as a waiver to object. We've seen various cases taking various approaches to this issue (some deal with washing machines and plumbling, not refrigerators). What happens to the old refrigerator? Does the new refrigerator become property of the LL? Does the tenant supplying the fridge thereby waive the LL's obligation to later supply one to the tenant or subsequent tenants? These are issues that might arise. On the other hand, maybe nothing will happen. We've seen no definitive case on this as facts are always peculiar to a given situation. Maybe one of the attorney lurkers will chime in.


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