Tenant Law in New York
Relationships between landlords and tenants in New York, 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 New York, 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 normal wear and tear, for which tenants are not accountable.
Tenant's Rights in New York, 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 provide. Landlords in New York, New York are under a legal duty to make sure that their apartments are habitable. There are several factors that are considered in determining 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 York, 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 required repairs.
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.
And finally, most state laws prevent landlords from arbitrarily evicting tenants. If the lease agreement is for a set period of time, the landlord typically can't evict the tenant until the lease expires, without a good reason. Valid causes for eviction include unpaid rent, illegal activities on the property, damage to the building caused by the tenant, and excessive noise.
Can a New York, New York Landlord/Tenant Lawyer Help?
Landlords and tenants normally prefer to avoid getting into fights with one another, for noticeable reasons. A harmonious relationship is profitable for everyone involved. To that end, the advice of a good New York, New York landlord/tenant attorney can help defuse arguments before they become too serious.
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