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.
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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.
| Party | What they are responsible for |
|---|---|
| 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)). |
| Tenant | Not 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. |
| 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 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.
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.
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.
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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
- Real Property Law Section 235-b(1) (warranty of habitability)statute · verified-primary · accessed 2026-09-13
- Real Property Law Section 235-b(1) (tenant-misconduct carve-out)statute · verified-primary · accessed 2026-09-13
- 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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