Tenant Law in New York

Relationships between landlords and tenants in Waverly, 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 Waverly, 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.

Moreover, landlords can bill the tenant for any damage they cause to the unit, whether it was intentional or negligent. The costs of repairs for such damage can be deducted from a tenant's security deposit, but it should be noted that tenants aren't responsible for usual wear and tear, over which they have little control.

Tenant's Rights in Waverly, NY

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

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 Waverly, 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 proper repairs.

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. Moreover, 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.

Lastly, tenants are legally protected from arbitrary eviction. Landlords usually 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 Waverly, New York Landlord/Tenant Lawyer Help?

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