Landlord Must Provide Heat

On July 19, 2011, in Landlord-Tenant, by Robbie L. Vaughn, Esq.

Landlord Must Provide Heat

In the recent case of Olszewski v. Neuman, 2011 NY Slip Op 51287 – NY: Dist. Court, Nassau County, 1st Dist. 2011, the Court found that the Landlord’s failure to make repairs to the boiler and provide heat for 1 month, during the required heating season, was a constructive eviction.  Therefore, the Court ruled that the tenants were justified in moving out before the termination of the lease (“breaking the lease”), and were entitled a full refund of their security deposit.

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