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Posted by Mark Smith on July 22, 1999 at 22:10:21:

In Reply to: Re: adding a dish-washer posted by richard on July 22, 1999 at 21:29:05:

What Richard (loudrich) said is essentially correct. Read your lease. It may probit any washing machines or dishwashers -- attached or portable. However, having a dishwasher is just a lease violation. You have to be given an opportunity to cure the violation before the landlord tries to evict you. Even if the case goes to housing court and the court decides against you, you must be given ten days after you are served with the court's order and notice of entry to cure the violation [RPAPL §753(4)]. But going to court could make you liable to pay the landlord's attorneys' fees, if your lease so provides (most leases have such a provision).

: The best answer is NO. most leases say no permanently installed
: dishwasher or washing machine.........and there are case law to deal
: with tenants who install it, they have been evicted for illegal
: construction...

: But........BUT.......there are also cases where a portable dishwasher
: that hooks up to the kitchen sink faucet that is OK...we had a Malber washing
: Machine it was a 11lbs washer and dryer in one unit small but it
: worked fine but very expensive $825..... and had no problems...

: But>>>>.....If the Landlord gets his super to put in the connections
: then he cannot evict you for having a Dishwasher or Washing Machine
: because that is constructive knowledge....

: And the water it doesn't matter...its part of your rent stabilized
: lease.

:
: : i'm in a rent-stabalized apartment; can I legally add a dishwasher, if i
: : pay for the installation myself, and, if the land-person wants it gone
: : after I leave, remove it also.
: : Does it matter if our water is included in the rent?
: : thanks,
: : shawn

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Comments:
: What Richard (loudrich) said is essentially correct.  Read your lease.  It may probit any washing machines or dishwashers -- attached or portable.  However, having a dishwasher is just a lease violation.  You have to be given an opportunity to cure the violation before the landlord tries to evict you.  Even if the case goes to housing court and the court decides against you, you must be given ten days after you are served with the court's order and notice of entry to cure the violation [RPAPL §753(4)].  But going to court could make you liable to pay the landlord's attorneys' fees, if your lease so provides (most leases have such a provision).

: 
: : The best answer is NO. most leases say no   permanently installed
: : dishwasher or washing machine.........and there are case law to deal
: : with tenants who install it, they have been evicted for  illegal
: : construction...

: : But........BUT.......there are also cases where a portable dishwasher
: : that hooks up to the kitchen sink faucet that is OK...we had a Malber washing
: : Machine it was a 11lbs washer and dryer in one unit   small but it
: : worked fine  but very expensive $825..... and had no problems...

: : But>>>>.....If the Landlord gets his super to put in the connections
: : then he cannot evict you for having a Dishwasher or Washing Machine
: : because that is constructive knowledge....

: : And the water it doesn't matter...its part of your rent stabilized
: : lease.

: : 
: : : i'm in a rent-stabalized apartment; can I legally add a dishwasher, if i 
: : : pay for the installation myself, and, if the land-person wants it gone
: : : after I leave, remove it also.
: : : Does it matter if our water is included in the rent?
: : : thanks,
: : : shawn


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