I live in New York City and there is an “As Is” clause in my lease that states “tenant shall be responsible for painting, drywall, and other repairs which are deemed necessary by the tenant or any regulating agency which inspects the apartment at tenants request. Including but not limited to broken windows, doors, appliances, base trim, countertops, etc. …” I have an outlet that is shorting and sparking and is a fire hazard. Is the landlord obligated to fix this based on the Warranty of Habitability law or am I responsible?
Real Estate Professionals
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I have never seen an as is clause in a residential lease, I would recommend consulting with an attorney about this because I am doubtful that that as is clause holds any water.
As Is by default is intended to relief the landlord from private preferences such as minor repairs inside the apartment, cleaning and sanitizing the apartment. Common things such as electricity and pipes and all others which go beyond the frontiers of the apartment should be excempted from the ‘as is’ clause.
Why would you sign a lease like that? It takes you from the world of black and white into the various legal shadows of gray.
And what landlord would do this, leaving himself at the mercy of idiot tenants who do repairs with bobby pins and duct tape and slap a coat of paint over it?