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Willow Baum
  • Callicoon, NY
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What Precautions Can a Landlord Take to Protect Themselves against the instance a Tenant-occupied Property Becomes Uninhabitable Due to a Costly Repair that Far Outpaces Annual Rental Income?

Willow Baum
  • Callicoon, NY
Posted Sep 9 2014, 10:30

Let's say a sewer system for a single-family, low-income rental house in an economically depressed area of NY State, dies. Let's say the hypothetical repair costs $20,000, and monthly rents are $750.  Let's say, for cash flow reasons, it makes better business sense to postpone making the repair, ask the Tenant to vacate, and cover their "reasonable" lodging and moving expenses for some "reasonable" amount of time and cost.

Can a lease contain language that protects the property owner, giving them the right to remove a Tenant in this instance (even if sewer goes by no fault of the tenant's).  

If so, what legal responsibilities, does the Owner have to cover moving and lodging for the tenant?

If not, what other protections are available to an Owner in this instance?  

Legally, are there minimum triggers that give the owner that right: e.g. a repair that will cost more than, let's say, 3 months rent?  A percentage of annual rent?  Other?

Or is it up to the discretion of the landlord to identify their own terms for, say, :

A. Cost of the triggering repair 

B. Lodging - number of days , time with a "not to exceed"

C. Moving / Storage costs - one-way to temporary lodging 

What resource in NY State is best to consult to further explore / validate legally acceptable options?  

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