Tenant Law in New York

Relationships between landlords and tenants in Saugerties, 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.

Both parties to a landlord/tenant relationship are controlled by an extensive body of laws and regulations, defining their legal rights and obligations.

Landlord's Rights in Saugerties, NY

First and foremost, landlords have a right to timely payment of rent from their tenants, at the agreed-upon rate. This, of course, imposes on tenants a duty to pay their rent in whole, in a timely manner.

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 Saugerties, 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 Saugerties, 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).

Furthermore, tenants have rights to common areas that are free of physical obstructions, as well as serious health and safety hazards. Common areas are the places in apartment buildings and other residential complexes which every tenant can access, and include hallways, stairwells, and fire escapes. In Saugerties, New York, these areas must be kept in a safe condition, at the landlord's expense.

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. Additionally, 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. Nonetheless, the landlord can require tenants to remove those modifications and restore the property to its original condition once the tenant moves out.

And lastly, 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 Saugerties, New York Landlord/Tenant Lawyer Help?

Landlords and tenants normally prefer to avoid getting into fights with one another, for discernible reasons. A harmonious relationship is profitable for everyone involved. To that end, the advice of a good Saugerties, New York landlord/tenant attorney can help defuse arguments before they become too serious.