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NEWMAN IN THE TIMES: ADDRESSING ACCESS & REPAIRS

jonathan_newman_headshot_nyreblog_com_.jpgOur partner, Jonathan H. Newman, was quoted in yesterday's New York Times responding to a question posted by a reader. Here's the piece, that ran on Sunday, March 21, 2010, in its entirety:
The New York Times
When a Rented Unit Goes on the Market
By: Jay Romano

Q.

We rented a two-bedroom in a condominium building about eight months ago. The apartment needed substantial work to make it habitable, including cleaning, painting and having new windows installed, all at our expense. (We failed to make a thorough inspection before renting.) Now we've been informed the owners plan to sell. I fear that our final months here will be compromised by buyers looking at the place. What are our rights?

A.

According to Jonathan H. Newman, a Manhattan real estate lawyer, renters generally have an obligation to allow an owner to show an apartment to prospective buyers. (If there is a lease, it should provide some guidance.) Typically, the frequency of such visits must be reasonable, he said, and adequate notice must be given to the tenant.

What is "reasonable" or "adequate," however, depends upon the circumstances. The tenant can work out a timetable with the owner, or decline to allow "unreasonable" visits with "inadequate" notice. If the tenant chooses the latter option, the owner can start an action in Housing Court and ask the court to decide whether the visits are reasonable and occur with enough notice.

As for the repairs, Mr. Newman said, renters are protected by New York's "implied warranty of habitability," which requires owners to ensure that residential apartments are free of conditions that could pose a threat to life, safety or well-being. So, he said, the writer should consult a lawyer to determine whether a claim against the landlord can be made to recover any costs incurred.

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