Tenant Law in New York

Relationships between landlords and tenants in Batavia, New York can get combative. It's difficult to be a tenant or a landlord. If one or both parties are not aware of their legal rights and obligations, conflicts can arise.

Landlords and tenants have to navigate a web of legal rights and commitments. It's essential that the parties to a landlord/tenant relationship know what obligations they have to one another.

Landlord's Rights in Batavia, NY

First and foremost, landlords have a right to timely payment of rent from their tenants, at the agreed-upon rate. This, of course, imposes on tenants a duty to pay their rent in whole, in a timely manner.

They further have a right to compensation for any damage that a tenant causes, beyond ordinary wear and tear. Landlords are free to bill the tenants for repairs to damage they caused, and deduct the cost from the security deposit.

Tenant's Rights in Batavia, NY

Tenants, most essentially, have a right to a habitable apartment. After all, this is what they're paying for. Batavia, New York landlords are obligated to see that the units they rent to tenants are fit to be lived in by people. Many various defects might render an apartment uninhabitable, such as serious infestations and other problems with sanitation, lack of running water or electricity, or failure to provide adequate protection from the outside elements.

In addition to habitable living spaces, tenants also have a right to reasonably safe common areas. Common areas contain lobbies, hallways, and stairwells - essentially anything that everyone living in an apartment complex has access to. These common areas must fulfill the building standards of Batavia, New York, and must not contain any unnecessary safety hazards.

A tenant also has a right, under federal law and the laws of New York to be free from discrimination in housing based on race, color, national origin, religion, or gender. Landlords can further not discriminate against persons with disabilities, and must make reasonable accommodations for those disabilities.

Lastly, tenants are legally protected from arbitrary eviction. Landlords typically must have a very good reason to evict a tenant before the lease agreement reaches the end of its term (at this point, they are of course allowed to decline to renew the lease). Of course, if the tenant breaches the lease agreement (such as by failing to pay rent, damaging the property, or violating other reasonable rules the landlord has put in the lease), the landlord, like a party to any other contract, is free to terminate the agreement and evict the breaching tenant.

Can a Batavia, New York Landlord/Tenant Lawyer Help?

Landlords and tenants normally prefer to avoid getting into fights with one another, for discernible reasons. A harmonious relationship is profitable for everyone involved. To that end, the advice of a good Batavia, New York landlord/tenant attorney can help defuse arguments before they become too serious.