Tenant Law in New York

Relationships between landlords and tenants in Hicksville, 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 Hicksville, NY

The most important and most discernible 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 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 Hicksville, NY

Tenants, most essentially, have a right to a habitable apartment. After all, this is what they're paying for. Hicksville, 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.

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 Hicksville, New York's building codes, and that there are no conditions that create unnecessary safety hazards. They are obligated to make, at their own expense, the required repairs.

Under federal and New York law, tenants are also entitled to protection against discrimination in housing based on race, color, religion, marital status, or gender. Such discrimination can lead to grave civil penalties against the landlord. Landlords further cannot discriminate against tenants based on physical disability, and have to make reasonable accommodations for physically disabled tenants. For instance, they have to allow disabled tenants to make minor physical alterations to the unit (at the tenant's expense) to make it more accessible. Now, they don't need to allow the tenants to have the building remodeled. We're just talking about things like installing handrails in the bathroom, and similar things. The landlord can, however, require tenants to restore the apartment to its original condition, at the tenant's expense, once the tenant leaves.

Tenants are also legally safeguarded 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 Hicksville, 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 Hicksville, New York landlord/tenant attorney can help.