Tenant Law in New York
Relationships between landlords and tenants in Dutchess County, New York can get contentious. It's difficult to be a tenant or a landlord. If one or both parties are not aware of their legal rights and responsibilities, conflicts can arise.
Landlords and tenants have to navigate a web of legal rights and obligations. It's essential that the parties to a landlord/tenant relationship know what obligations they have to one another.
Landlord's Rights in Dutchess County, NY
The most important and most apparent 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.
Moreover, landlords can bill the tenant for any damage they cause to the unit, whether it was intentional or negligent. The costs of repairs for such damage can be deducted from a tenant's security deposit, but it should be noted that tenants aren't responsible for usual wear and tear, over which they have little control.
Tenant's Rights in Dutchess County, NY
Tenants, most basically, have a right to a habitable apartment. After all, this is what they're paying for. Dutchess County, New York landlords are obligated to see that the units they rent to tenants are fit to be lived in by people. Many numerous 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.
Tenants also have a right to ensure that the common areas of their apartment building are reasonably safe. Landlords are required to make sure that the common areas of their buildings meet Dutchess County, New York's building codes, and that there are no conditions that create unnecessary safety hazards. They are required to make, at their own expense, the proper repairs.
In the United States, and most likely under the statutes 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. Additionally, 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.
Finally, the laws of most states protect tenants from unfair eviction. In general, as long as a tenant is paying rent on time, and is not damaging the unit, they cannot be evicted before the term of the lease expires, unless there is a very good reason to do so (such as excessive noise caused by the tenant, or illegal activities in the apartment).
Can a Dutchess County, New York Landlord/Tenant Lawyer Help?
Landlords and tenants almost always prefer to avoid conflict. In a perfect world, tenants would pay rent on time, and landlords would always provide the services that they're being paid for. As we know, the world isn't perfect. When cases demonstrate the world's imperfection, a Dutchess County, New York real estate attorney can help, whether you're a landlord or a tenant.