If a lease says that a landlord is required by law to supply heat to the tenant, does it mean the landlord must pay for heat or merely just provide it?

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If a lease says that a landlord is required by law to supply heat to the tenant, does it mean the landlord must pay for heat or merely just provide it?

Asked on December 30, 2012 under Real Estate Law, New York

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Since it does not mention payment, that provision in the lease would be interpreted as only requiring the landlord to provide heat.

In every lease, there is an implied warranty of habitability, which requires the landlord to maintain the premises in a habitable condition by complying with state and local housing codes.  Failure on the part of the landlord to provide heat would constitute a breach of the implied warranty of habitability.


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