New York · Rental / Landlord-Tenant Repair

New York Renters: Who Pays for Repairs? (Landlord vs Tenant)

Who pays?
The landlord pays

In New York, the landlord implicitly warrants every rental unit fit for human habitation and free of hazardous conditions under Real Property Law Section 235-b, unless the tenant's own misconduct caused the problem; a lease can't waive this and the tenant's remedy is to sue for damages or rent abatement.

High confidence · Verified Sep 13, 2026 · 1 source

Exceptions
  • A condition caused by the misconduct of the tenant or persons under the tenant's direction or control does not breach the warranty (Section 235-b(1)).
  • Any lease clause waiving or modifying the tenant's rights under Section 235-b is void as against public policy (Section 235-b(2)).
What to do next

What to do next

  1. Put the repair request in writing

    Send it to the landlord, date it, and keep a copy.

Work through the full repair checklist

If the repair is yours to pay

Get more than one quote before you agree to a price, and ask the contractor to confirm where the property line and the public side begin.

Repair-request & landlord/tenant forms (LawDepot)

Templates for a notice to repair, security-deposit demand, and more.

Partner link. Who Pays the Repair? may earn a commission if you request a quote or sign up, at no cost to you. It never changes who we say pays.

Responsibility Boundary

Default rule and exceptions

New York landlords implicitly warrant that every rental unit is fit for human habitation and free of dangerous or hazardous conditions, under Real Property Law Section 235-b, and this right cannot be waived by lease.

PartyWhat they are responsible for
LandlordWarrant that the premises and common areas are fit for human habitation and that occupants are not subjected to conditions dangerous, hazardous, or detrimental to life, health, or safety (RPL Section 235-b(1)).
TenantNot cause the condition through their own misconduct or that of persons under their direction/control (carve-out under Section 235-b(1)); remedy is to sue for damages or rent abatement, which a court may award without expert testimony.
ExceptionsA condition caused by the misconduct of the tenant or persons under the tenant's direction or control does not breach the warranty (Section 235-b(1)).; Any lease clause waiving or modifying the tenant's rights under Section 235-b is void as against public policy (Section 235-b(2)).

What the source says

Last verified against the primary source on Sep 13, 2026.

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.
Real Property Law Section 235-b(1) (warranty of habitability), checked Sep 13, 2026
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.
Real Property Law Section 235-b(1) (tenant-misconduct carve-out), checked Sep 13, 2026
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.
Real Property Law Section 235-b(2) (no lease waiver; Section 235-b(3) damages standard), checked Sep 13, 2026

Common questions

Who pays for rental / landlord-tenant repair in Statewide, NY?

The landlord. Warrant that the premises and common areas are fit for human habitation and that occupants are not subjected to conditions dangerous, hazardous, or detrimental to life, health, or safety (RPL Section 235-b(1)).

Are there exceptions in Statewide, NY?

A condition caused by the misconduct of the tenant or persons under the tenant's direction or control does not breach the warranty (Section 235-b(1)).; Any lease clause waiving or modifying the tenant's rights under Section 235-b is void as against public policy (Section 235-b(2)).

What is this based on for Statewide, NY?

This verdict is sourced to Real Property Law Section 235-b(1) (warranty of habitability) and 3 sources in total, each independently re-checked before publication.

Sources

  1. Real Property Law Section 235-b(1) (warranty of habitability)statute · verified-primary · accessed 2026-09-13
  2. Real Property Law Section 235-b(1) (tenant-misconduct carve-out)statute · verified-primary · accessed 2026-09-13
  3. Real Property Law Section 235-b(2) (no lease waiver; Section 235-b(3) damages standard)statute · verified-primary · accessed 2026-09-13
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