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.
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 [https://www.nysenate.gov/legislation/laws/RPP/226-C].
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... [https://www.nysenate.gov/legislation/laws/RPA/753].
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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