What are a tenant’s rights to a wood burning stove?
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What are a tenant’s rights to a wood burning stove?
I rent a house and am 8 months into our lease. We have a great relationship with our landlord and there has never been an issue. The biggest reason why we rented the house was because of the wood burning stove. A very large one, and it saves at least 50% of oil costs. My landlord sold the house without our knowing. The new buyer has made my selling landlord remove the wood burning stove with 1 day notice. My selling landlord was very upset he had to do this to us. This is going to be a huge financial burden and was un-expected. What would your advice be? Should I ask the new landlord for some type of compensation?
Asked on November 9, 2012 under Real Estate Law, New Hampshire
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Unfortunately, unless the stove was detailed in the lease as a feature of the home, how it was heated, something you have the right to use, etc., you would have no recourse. The new buyer is obligated to the lease, but is not obligated to anything outside the lease, other than the basic obligation to provide habitable housing. As the new owner, he may modify the property so long as he does not breach the lease or render it uninhabitable. If the stove is not in the lease but the home has some other heating system, he can therefore take it out.
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