Appliance Lease Clauses Every Property Manager Should Have

The appliance lease clauses that prevent most fights are short: a schedule of the appliances the apartment comes with, a duty to report problems promptly, access for repairs, written consent before the tenant installs anything, and damage language tied to misuse. What a lease clause can't do in an NYC apartment building is shift the owner's repair duty onto the tenant.

The sample wording below is a starting point to bring to the building's attorney, not finished lease language. This is general information, not legal advice.

What NYC law won't let a lease override

Start here, because a clause that conflicts with these rules doesn't just fail. It can hand the tenant an argument. The main limits for appliances:

• The warranty of habitability can't be waived. Real Property Law §235-b says any agreement by a tenant waiving or modifying those rights is void.
• In a multiple dwelling, the owner keeps the repair duty. The Housing Maintenance Code (§27-2005) requires the owner to keep the premises in good repair. Subdivision (c) of that section lets owners of one- and two-family houses agree otherwise with a tenant in writing, which is why small-house leases can look different.
• Deposits only cover damage beyond normal wear and tear. Under General Obligations Law §7-108, the landlord must send an itemized statement within 14 days of move-out, and the section says lease terms waiving those protections are void.
• Fees are capped. Real Property Law §238-a limits application and pre-tenancy fees and caps a late fee at $50 or 5% of the monthly rent, whichever is less. It doesn't cover per-call fees, but a clause that bills a flat "appliance service fee" for every call is the kind of thing to run past counsel.
• Rent-stabilized renewals keep the old terms. The Attorney General's tenants' rights guide says stabilized tenants get renewal leases on the same terms and conditions unless a law or regulation requires a change. New appliance clauses in a stabilized building generally go into vacancy leases, not renewals.

Our note on who pays for appliance repairs in NYC rentals covers the duties behind these limits.

Clause 1: list the appliances the apartment comes with

A schedule of appliances settles the most common argument before it starts. Whose appliance is it? Attach the schedule to the lease. Update it at every turnover.

Sample wording: "The Apartment is provided with the appliances listed in Schedule A (make, model and serial number). Landlord will maintain and repair the listed appliances, except for damage caused by Tenant, members of Tenant's household or guests. Appliances not listed in Schedule A are not provided by Landlord."

Don't skip the serial number. When a fridge gets swapped during a tenancy, the schedule tells you which unit the tenant received, and it's what the manufacturer will ask for if the unit is still under warranty.

Clause 2: report problems promptly, and don't DIY

Fast reporting protects everyone. A slow drip from a dishwasher for three weeks is a rotted subfloor and a stained ceiling downstairs.

Sample wording: "Tenant will promptly report any appliance malfunction to Landlord through [the portal / email / the management office]. Tenant will report water leaks, gas odors or burning smells immediately. Tenant will not repair, disconnect or move a Landlord-provided appliance, or have anyone else do so, without Landlord's written permission."

That last sentence earns its place. It keeps a tenant's cousin from pulling the range to find a dropped ring and kinking the gas connector. Keep the gas instruction consistent with what the building posts: the Housing Maintenance Code already requires a notice telling tenants to call 911 and the gas utility first when they suspect a leak.

Clause 3: access for repairs

The access clause should match the city rules, not invent new ones. The Housing Maintenance Code (§27-2008) says a tenant can't refuse the owner entry to make required repairs at a reasonable time and in a reasonable manner. HPD's access rule (28 RCNY §25-101) sets the rest: weekday access between 9am and 5pm unless the tenant agrees otherwise, written notice at least a week ahead for non-urgent repairs, and for urgent repairs, contact by phone, email or a knock instead of written notice.

Sample wording: "Tenant will give Landlord and its contractors access to the Apartment to inspect, repair or replace appliances, on notice as required by law. In an emergency, Landlord may enter without advance written notice after attempting to notify Tenant."

In practice, most appliance visits get scheduled with the tenant's agreement well inside those notice periods. The clause is for the rare tenant who won't open the door, and a documented failed-access attempt is worth having when a complaint arrives.

Clause 4: tenant-installed appliances

Washers in the kitchen, portable dishwashers, chest freezers and extra window air conditioners are the appliances the building didn't choose, didn't install and can't vouch for. Require written consent, a proper installation and clear responsibility.

Sample wording: "Tenant will not install a washing machine, dryer, dishwasher, freezer or other major appliance without Landlord's prior written consent. Any approved appliance must be installed by a licensed professional where required by law, with [braided stainless supply hoses / a drain pan / other building requirements]. Tenant is responsible for maintaining, repairing and removing any appliance Tenant installs, and for damage it causes."

For rent-stabilized and rent-controlled units, DHCR's Operational Bulletin 2005-1, Supplement 4 backs this up: owners don't have to allow tenant-installed washers, dryers or dishwashers unless the lease says so, may collect a monthly surcharge if they consent, and servicing or replacing those appliances never becomes a required service. Disputes over plumbing damage from them go to court, not DHCR.

Gas is different. In NYC, connecting a household gas appliance is licensed-plumber work, which we cover in the true cost of replacing an appliance. No tenant-installed gas dryers or ranges is the simplest rule.

Clause 5: damage and chargebacks

Damage language holds up best when it tracks the law's own standard rather than a broader one. The Housing Maintenance Code (§27-2006) makes tenants responsible for violations caused by their willful acts, gross negligence, neglect or abuse, including by household members and guests.

Sample wording: "Tenant will pay the reasonable cost of repairing damage to Landlord-provided appliances caused by the willful act, negligence, misuse or abuse of Tenant, members of Tenant's household or guests. Landlord will provide Tenant with a copy of the repair invoice and a description of the cause."

The invoice line is deliberate. It commits the building to documenting the cause, which is what makes the charge stick. Our note on how a technician tells tenant damage from normal wear covers what to ask for in the write-up.

Clause 6: repair or replace is the owner's call

Tenants sometimes treat any breakdown as a right to a new appliance. It isn't.

Sample wording: "Landlord may repair a Landlord-provided appliance or replace it with a comparable appliance in good working order, at Landlord's option."

In stabilized units, keep this consistent with DHCR's Fact Sheet #3, which allows repair, a comparable used or reconditioned replacement, or a new appliance (with the tenant's written consent required for an IAI increase in an occupied unit).

Clauses to leave out

Some appliance clauses show up in templates and cause more trouble than they prevent. In a multiple dwelling, we'd strike these or have counsel look hard at them:

• "Tenant is responsible for all appliance repairs."
• "Appliances are provided as-is, and Landlord has no obligation to repair them."
• A flat fee for every service call, regardless of cause
• Any clause that makes the tenant pay for repairs caused by age or ordinary use

What to do next

Pull the lease template your buildings use and check it against the six clauses above, then send your draft wording to the building's attorney. When a listed appliance breaks, open a work order with the building, the apartment and the model number from the schedule.