Albany, NY asked in Landlord - Tenant for New York

Q: Is it legal for a landlord in New York State to limit water usage per day?

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1 Lawyer Answer

Aubrey Claudius Galloway

Answered
  • Landlord Tenant Lawyer
  • Scarsdale, NY
  • Licensed in New York

A: It depends on two things generally: 1. What the lease says (the lease is binding); and, 2. Who pays the water bill (you or the landlord).

If the lease is silent on the issue then he may only limit your water usage if he pays for it… However, if you offered to pay the difference the law of equity would allow you to do so. Basically, he can limited the usage for sure only if it is in the lease; he can probably limit the usage if he exclusively pays for it, but if you offer to pay or pay the difference, A court would rule in your favor… Although I would strongly recommend resolving this issue amicably and without litigation; I might hire a lawyer to do the negotiations. Would probably take less than an hour and thus less than $210.

Regardless, I offer a free phone consultation so you may give me a call at 914–912–1555… You may also contact me directly by clicking on the “contact us” link on our website AG3LAW.com. Call and I’ll be able to point you in the right direction. Even if you do not hire me everything we discuss is privy to Attorney client privilege as prescribed by law.

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