Tenant Law in New York
Relationships between landlords and tenants in Carmel, 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 Carmel, NY
The most important and most obvious right that a landlord has is the right to timely payment of rent from the tenant. This, of course, means that the tenant has a duty to pay rent.
Landlords also have a right to be free from damage to the rented unit. Tenants are expected not to damage their dwellings, intentionally or negligently. Landlords can deduct the cost of repairs from the tenant's security deposit. In general, tenants are not accountable for damage resulting from ordinary wear and tear.
Tenant's Rights in Carmel, NY
Tenants, most essentially, have a right to a habitable apartment. After all, this is what they're paying for. Carmel, 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.
Additionally, tenants are entitled to common areas that are reasonable safe and sanitary. The common areas of an apartment building would contain lobbies, laundry rooms, stairwells, hallways, and fire escapes (essentially, any part of the building which all of the tenants can access). In Carmel, New York, these areas must be kept reasonably clean and safe.
In the United States, and most likely under the rules of New York, it is unlawful for renters or sellers of real estate to discriminate on the basis of race, gender, national origin, color, or religion. Doing so can subject a landlord to harsh civil penalties. Furthermore, they cannot discriminate based on physical disabilities, either. Tenants with physical disabilities, who are otherwise qualified to rent an apartment (they are able to pay, have good credit, etc.) are entitled to make reasonable modifications to the apartment to make it more accessible to them, and the landlord generally can't bar a tenant from doing this, as long as the modifications are not too extensive, and are reversible. The landlord can, however, require the tenant to remove the modifications, at the tenant's expense, when they move out.
Lastly, tenants in most states have a right to be free from unfair eviction. Typically, lease agreements last for a set period of time, and both parties are bound by that contract. Landlords cannot arbitrarily evict clients while the lease is still in effect.
Can a Carmel, New York Landlord/Tenant Lawyer Help?
Landlords and tenants generally want to avoid conflict with one another. Nonetheless, conflicts are sometimes unavoidable. If you end up in a major dispute with a landlord or a tenant, a seasoned Carmel, New York landlord/tenant attorney can help.