In New York, there are important rules that you must follow if you are a student in New York and want to rent an apartment or a room. These rules cover everything from signing a lease agreement to paying rent and handling problems with the property.
This blog will help you understand the basics of New York Landlord-Tenant Law, so you know your rights and responsibilities. Check it out.
Table of contents
New York Landlord-Tenant Law: Lease Agreement
Lease agreements set rules that both landlords and tenants must follow for a smooth relationship during the rental period. According to New York landlord-tenant law, these agreements should include key details like tenant and landlord responsibilities, rights, and other legal information.
If a tenant is renting for more than 12 months, a written lease is required by law. Even for shorter leases, it’s a good idea to have a written agreement to avoid problems. While leases can be verbal or written, most New York landlords prefer written ones for added security and clarity.
New York Landlord-Tenant Law: Tenant’s Rights
Landlords in New York must make sure that the rental unit is safe, clean, and in good condition for tenants to live in. They need to fix things like plumbing, electrical issues, or broken windows when tenants request repairs. If the landlord doesn’t fix these problems, tenants can withhold rent or get the repairs done themselves and subtract the cost from the rent.
Landlords can also deduct money from the security deposit for damages, and they can enter the rental property during emergencies. New York City has specific rules, so landlords should check local regulations.
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New York Landlord-Tenant Law: Landlord’s Rights
According to the New York Landlord-Tenant Law, Tenants in New York have the right to live in a clean and safe home. They need to pay rent on time, keep the property tidy, and avoid disturbing neighbours. Tenants are responsible for basic maintenance, like changing air filters. If the landlord fails to make necessary repairs, tenants can take action by withholding rent or fixing the problem themselves and deducting the cost.
Tenants are also protected from discrimination, harassment, and retaliation by the landlord, ensuring they can live peacefully in their rented homes.
New York Landlord-Tenant Law: Rent Payment and Grace Periods
In New York, if a rental property is not part of the “Rent Stabilization” program, landlords can set the rent at any amount they choose. Both the landlord and tenant must agree on this rent before signing the tenancy agreement. Landlords are responsible for keeping the property safe and in good condition. If they don’t, tenants can stop paying rent until repairs are made. Although New York state laws don’t require landlords to give notice before raising the rent, some landlords may choose to do so or include an annual increase in the lease to avoid issues.
In rent-controlled areas like New York City, strict rules limit how much rent can be increased and protect tenants from unfair evictions. These rent controls mostly apply to buildings built before 1947. According to New York Landlord-Tenant Law, there’s no set grace period for late rent payments, but many landlords offer a 10-day grace period before starting the eviction process.
Security Deposit
In New York, most landlords ask for a security deposit. The security deposit is usually equal to one month’s rent. While landlords don’t have to provide a receipt for the deposit, many do to stay organized.
When tenants move out, they have the right to get their security deposit back. According to New York landlord-tenant law, the landlord must return the deposit within 14 days after the tenant’s lease ends and they leave the property. If the landlord decides to keep part of the deposit to cover damages, they must give the tenant a detailed list explaining what the money will be used for. If the landlord doesn’t provide this list, the tenant can seek legal help to get their deposit back.
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Termination and Eviction
According to the New York landlord-tenant law, landlords can send an eviction notice to tenants for reasons like criminal activity, breaking the lease agreement, not paying rent, or paying it late. Generally, tenants must receive a 30-day notice before being evicted, but if they’ve rented the place for more than a year, they might get 60 or even 90 days’ notice.
Tenants can also choose to renew or end their lease when it finishes, but usually, the landlord has to agree to the renewal. If a tenant has a monthly lease, they need to give a 30-day notice to end it. Sometimes, tenants can end their lease early if they’re joining the military, dealing with poor living conditions, or facing domestic violence or harassment.
FAQS on the New York Landlord-Tenant Law
A lease agreement should include the rules both the landlord and tenant must follow, such as rent amount, responsibilities, and rights.
In most cases, landlords can raise the rent, but they usually include these terms in the lease. In rent-controlled areas, there are strict rules about rent increases.
If your landlord doesn’t make necessary repairs, you can withhold rent until it’s fixed or pay for the repairs and deduct the cost from your rent.
Your landlord must return your security deposit within 14 days after you move out. If they keep some of it, they need to tell you why.
You usually need to give 30 days’ notice before moving out, especially if you have a monthly lease.
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