New York Tenant Rights: Understanding Your Rights As A Renter
Living in New York, the city that never sleeps, is a dream for many people. However, this dream can quickly turn into a nightmare if you are not aware of your tenant rights. Whether you are a long-time New Yorker or a new resident, knowing your tenant rights is crucial. It can save you from eviction, overcharging, and other legal troubles. In this article, we will explore everything you need to know about New York tenant rights, from leases to harassment, and more.
Lease Agreements: What You Need To Know
A lease is a written agreement between the landlord and the tenant. It outlines the terms and conditions of the rental agreement. In New York, residential leases must be in writing if they are for more than one year. Although verbal agreements are legal, it is always best to have a lease in writing to protect yourself.
When you sign a lease, you are agreeing to pay rent on time, keep the apartment clean, and follow the rules set by the landlord. In return, the landlord is agreeing to provide a habitable apartment and fix any issues that arise.
Security Deposits: Limits, Return, And Disputes
A security deposit is a sum of money paid by the tenant to the landlord when signing the lease. It is usually equal to one month’s rent and is used to cover any damages or unpaid rent.
In New York, landlords must return the security deposit within 14 days of the tenant moving out. The landlord can only withhold a portion of the security deposit for damage beyond normal wear and tear, unpaid rent, or the cost of any items left behind by the tenant. If the landlord withholds the security deposit, they must provide an itemized list of deductions.
Harassment And Retaliation: What To Do If Your Landlord Is Harassing You
Harassment and retaliation by a landlord are illegal under New York state law. Harassment can include threats, excessive phone calls, or constant unannounced visits. Retaliation can include eviction, rent increases, or refusing to make repairs.
If you believe your landlord is harassing you, you should document the incidents and report them to the authorities. You can file a complaint with the New York State Division of Housing and Community Renewal or the New York City Department of Housing Preservation and Development.
Repairs: Your Right to a Habitable Home
As a tenant, you have the right to a safe, clean, and habitable apartment. If there is anything that needs repair or maintenance, you must notify the landlord in writing. It is the landlord’s responsibility to make the necessary repairs within a reasonable timeframe.
If the landlord fails to make the repairs, you can file a complaint with the New York City Housing Authority or the New York State Division of Housing and Community Renewal.
Rent Increases: What To Know
In New York, landlords cannot increase the rent during the lease term unless stated in the lease agreement. However, when the lease expires, the landlord can increase the rent. The rent increase is subject to rent stabilization laws that limit the amount of increase per year. If you feel that the rent increase is unreasonable, you can challenge it in court.
Evictions: What You Need To Know
Evictions are a legal process in which the landlord seeks to remove the tenant from the apartment. In New York, eviction can only occur if the landlord has a legal reason, such as failure to pay rent, violation of the lease agreement, or illegal activity on the premises.
The eviction process requires the landlord to give written notice of eviction, file a petition in court, and have a court hearing. If the landlord wins the case, the tenant will be required to move out of the apartment within a specified timeframe.
Discrimination: Know Your Rights
Discrimination against tenants based on their race, religion, national origin, gender, or sexual orientation is illegal in New York. Landlords cannot refuse to rent to someone based on any of these characteristics or treat them differently because of them. If you feel that you have been discriminated against, you can file a complaint with the New York State Division of Human Rights.
Conclusion
New York tenant rights are crucial knowledge for every renter in the city. From signing the lease agreement to maintenance issues, harassment, rent increases, evictions, and discrimination, understanding your rights as a tenant can save you from legal issues and protect you from unfortunate circumstances. By knowing and exercising your rights, you can ensure a safe and stress-free renting experience.
Guide To New York Tenant Rights
NY tenant rights are among the best in the entire country. Because there are so many New York tenant rights granted to tenants that aren’t granted in other states, you may want to know more if you are moving to New York or are having a landlord issue for the first time. This guide will teach you a few basics about NY tenant rights so that you can understand when a landlord has violated these rights.
Subletting And Apartment Sharing
While some states allow landlords to restrict subletting and apartment sharing, according to New York tenant rights law, tenants are allowed to sublet and to share their apartment, regardless of whether their subleaser or apartment sharer is an immediate family member or not. Any provision of a lease that prohibits sharing an apartment with people or subletting is automatically void. A landlord is allowed to deny permission for subletting with reasonable cause, but if the landlord’s cause is unreasonable, NY tenant rights allow renters to sublet regardless of landlord permission. You may have to take your landlord to court if you are being blocked from subletting for an unreasonable reason.
Eviction
Evictions must be for a substantial violation of your lease or of local housing codes. If your landlord intends to initiate eviction proceedings, he or she is required by New York tenant rights law to notify you in advance. Your landlord is not allowed to evict you on their own, but must instead go through the proper court procedure. This can take several months and can give you time to find a new apartment. NY tenant rights forbid landlords from turning off your utilities or changing your locks to evict you. If your landlord is trying to evict you illegally, you need to talk to an attorney with a thorough knowledge of New York tenant rights.
According to NY tenant rights, you may not be evicted due to a violation of the lease that your landlord knew about for a long time and failed to correct. For instance, if you have a pet your lease did not allow, but you kept the pet openly for a year, your landlord will be unable to evict you according to New York tenant rights law.
Warranty Of Habitability
When you move into an apartment, there is a reasonable expectation that it will be safe and habitable, and continue to be so. If you lose access to heat, hot or cold safe drinking water, or any other issue that would cause your apartment to no longer be habitable, you are entitled to have repairs performed by your landlord in a reasonable timeframe. If your landlord refuses to make needed repairs, you may be able to withhold rent or take your landlord to court. You may also be entitled by NY tenant rights to make the repairs yourself (or have a professional do it) and charge your landlord for your costs. If you plan to do this, keep your receipts so that you have proof.
