Tenant Law in New York
Relationships between landlords and tenants in Hempstead, 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 Hempstead, NY
The most important and most evident 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.
They additionally 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 Hempstead, NY
Tenants, most basically, have a right to a habitable apartment. After all, this is what they're paying for. Hempstead, 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 Hempstead, 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.
Tenants also have rights, under federal and New York law, to not be victims of racial, ethnic, or gender discrimination in housing, whether they are renting or buying. Moreover, landlords are not allowed to discriminate against tenants based on physical disabilities. They must also allow physically-disabled tenants to make reasonable modifications to the apartment to make it more accessible. However, the landlord can require tenants to remove those modifications and restore the property to its original condition once the tenant moves out.
Tenants are also legally protected from unfair eviction. Before a lease agreement expires, landlords cannot evict tenants unless they breach as significant term of the agreement by not paying rent, causing serious damage to the property, engaging in activities that are a nuisance to the other tenants, or engaging in illegal activity on the property, among other things.
Can a Hempstead, 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 Hempstead, New York real estate attorney can help, whether you're a landlord or a tenant.