Tenant Law in New York
Relationships between landlords and tenants in New Rochelle, 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 New Rochelle, NY
Landlords are, of course, entitled to collect rent from their tenants. If a tenant fails to pay the agreed-upon rent, the landlord is usually able to evict the tenant without too much trouble, though the process can sometimes get fairly complicated.
Furthermore, landlords have a right to be compensated for damage a tenant causes to a rented unit, either intentionally or negligently. Landlords have a right to deduct repair costs from tenants' security deposits, unless the damage was caused by usual wear and tear, for which tenants are not accountable.
Tenant's Rights in New Rochelle, NY
The most basic right of a tenant is the right to a living space that's fit for human habitation. This is, after all, what they're paying the landlord to present. Landlords in New Rochelle, New York are under a legal duty to make sure that their apartments are habitable. There are numerous factors that are considered in deciding if an unit is habitable or not, but, generally, an unit will not be deemed habitable if it lacks any of the following: running water, electricity, heat, and protection from the elements (such as proper insulation, and windows that close).
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 New Rochelle, 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 the laws of New York, and the United States, discrimination in housing on the basis of race, religion, or gender is strictly prohibited. Additionally, under the Americans with Disabilities Act, landlords must not discriminate against renters on the basis of any physical disability. They also have to authorize the renter to make reasonable modifications to their apartment, to make it more accessible. Generally, landlords are only required to allow relatively minor and reversible modifications, and tenants cannot compel them to remodel the building, for example. Also, once the tenant leaves, the landlord can bill the tenant for the costs of restoring the apartment to its original condition.
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 New Rochelle, New York Landlord/Tenant Lawyer Help?
Landlords and tenants almost always prefer to prevent 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 situations demonstrate the world's imperfection, a New Rochelle, New York real estate attorney can help, whether you're a landlord or a tenant.
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Accountant
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