Canandaigua, NY asked in Landlord - Tenant for New York

Q: Am I obligated to pay for all the fuel added to a new heating system? I have a notice to vacate.

Landlord put in new heating system. I was paying for the fuel oil. Wants me to pay for the initial fill of propane, but is selling the property and has given me a notice to vacate. I am concerned that I will not be reimbursed for the unused propane.

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1 Lawyer Answer
Steven Warren Smollens
Steven Warren Smollens
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: Dear Canadaigua Tenant:

In New York State there is no such document in Tenant and Landlord law known as a notice to vacate. Is that the name used by the landlord? If so, it is likely no more than a trick since no lawyer would use those words on a tenancy termination or notice of intention not to renew a lease or notice of intention to not continue a month-to-month tenancy [].

If you are a tenant and you do not have a lease but you already lived in the house for two years or more, your landlord cannot legally ask you to get out by a certain day except by means of a written notification made at least ninety days before the day set to leave.

Even then a Court will extend the time to move in most circumstances.

"...the court, on application of the occupant, may stay the

issuance of a warrant and also stay any execution to collect the costs

of the proceeding for a period of not more than one year, if it appears

that the premises are used for dwelling purposes; that the application

is made in good faith; that the applicant cannot within the neighborhood

secure suitable premises similar to those occupied by the applicant and

that the applicant made due and reasonable efforts to secure such other

premises, or that by reason of other facts it would occasion extreme

hardship to the applicant or the applicant's family if the stay were not

granted... [].

So you likely will use up the entire tank at least one time before you really must move out.

Of course, you are not going to be reimbursed for the unused propane and are likely as well to not collect your security deposit or arrange for your landlord to pay you to move out if you are really in the way of selling the house unless you secure a lawyer on your side.

Daniel Michael Luisi agrees with this answer

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