Tenant Law in New York

Relationships between landlords and tenants in Smithtown, 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.

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

Landlord's Rights in Smithtown, 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 full, in a timely manner.

Additionally, 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 responsible.

Tenant's Rights in Smithtown, NY

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

Moreover, tenants are entitled to common areas that are reasonable safe and sanitary. The common areas of an apartment building would include lobbies, laundry rooms, stairwells, hallways, and fire escapes (basically, any part of the building which all of the tenants can access). In Smithtown, New York, these areas must be kept reasonably clean and safe.

A tenant also has a right, under federal law and the laws of New York to be free from discrimination in housing based on race, color, national origin, religion, or gender. Landlords can additionally not discriminate against persons with disabilities, and must make reasonable accommodations for those disabilities.

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 Smithtown, 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 Smithtown, New York real estate attorney can help, whether you're a landlord or a tenant.