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withholding rent for non-delivery of promised appliance

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withholding rent for non-delivery of promised appliance

Postby Bakeless » Sun Sep 12, 2010 5:22 pm

I rent an apartment month-to-month in Buffalo, NY. It's managed by a guy in town for an out-of-town landlord of a few properties. Christmas 2009 was the last time I was able to light my oven, though the stovetop range works. The manager said it's just an old stove and that he'd get me a new one. In July a National Fuel gas installer, here on another issue, found a minor violation and wrote a citation:the fuel line from the stove cuts through two cabinets instead of the one allowed. I sent this on to the manager with another request for the stove. In August he said he'd found one but needed the measurements of the space, which I sent him. No reply, and no stove. On Sept. 1 I emailed the manager that my September rent check was waiting by the door to pick up whenever he delivered the stove. NO reply to that, either, and no stove.

Now I'm wondering if he can evict me for nonpayment of rent. Can he?

Is an oven a basic tenant's right, like heat? Or am I at the manager's mercy, basically, to deliver the promised stove if and when he gets around to it?
Bakeless
 
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