Q: Looking for advice in landlord - tenant law.
I rent a house in upstate New York. I signed a lease that says tenant is responsible for repairs under $500. A friend recently told me that she thinks this is illegal. That landlords are responsible for repairs. Now I'm wondering if that is the case? And if so, even though I signed the lease am I still bound to cover repairs under $500? Or Maybe because it is a house and not an apartment that I rent, that clause requiring tenants to pay for repairs is legit? Everyone I've told about it says they've never heard of such a thing, but The landlord told me she had a lawyer draw up the lease. But I know people lie and I want to make sure that I'm actually responsible for a repair if it were to come up..
A:
Dear Waterloo Tenant:
You could try this out if you are willing to hire an attorney. When a repair comes up that costs $50, do not make the repair. Or, make the repair and sue the landlord in Small Claims Court. If you lose the case, you are out the $50 and likely will pay for the landlord's legal fees.
Peter J. Weinman agrees with this answer
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A: Unfortunately, I don't see anything inherently wrong with the provision, and I think that since you signed it, you're bound by it. And, although Mr. Smollens' suggestion is not necessarily bad, $50 is hardly enough money to rock the boat with your landlord (in my opinion).
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