Posted by Cranky Tenant on January 22, 2002 at 08:15:02:
In Reply to: Be very careful posted by TenantNet on January 21, 2002 at 20:29:21:
Granted there are leases that forbid the tenant from changing a light fixture or painting the walls but, I would imagine most landlords who own rent regulated buildings would be glad to avoid the cost of a replacement refrigerator.
If the tenant were to inform the landlord that s/he wishes to provide a refrigerator, and asks the Landlord to remove the non functioning one, I doubt it would be cause for eviction.Of course this is based on the presumption that the new refrigerator doesn't require any special wiring or plumbing, and installing it doesn't cause any damage to the building.
I'm certainly not a lawyer but I'd think denying the tenant his own refrigerator, and or bringing eviction proceedings as a result, could be construed as harrassment. Also, providing these basic appliances is the law, so I doubt it would waive the LL's obligation in the future any more than having a working fireplace, or buying electric heaters waives the LL's obligation to provide heat... but that's just my opinion based on personal experience.
Years ago when my motherand I moved into a rent controlled apartment the LL supplied a half height refrigerator. We replaced it with a two door full size model. When she died, we took the refrigerator, her air conditioner, and her washing machine. We showed the LL the receipts and that was the end of it.
: 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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