Common Landlord-Tenant Disputes in New York

October 19, 2012

Common Landlord-Tenant Disputes in New York

New York contains one of the largest rental housing markets in the U.S. With so many people renting housing, conflicts between landlords and tenants invariably arise. Landlords and tenants should be aware of their rights and responsibilities, as well as common sources of disputes between renters and landlords and ways of resolving those disagreements.

Rights and Responsibilities of Landlords and Tenants

New York has laws protecting tenants' rights, including the right to:
-A livable, safe and sanitary apartment
-Heat from October 1 through May 31
-Hot and cold water
-Good lighting in the building
-Safe entrances to the building

Landlords have the responsibility of making sure their properties are habitable and respect the tenants' rights. The landlord must keep his or her property in good repair, and has the right to enter individual apartments in order to do so. The landlord must give the tenant written notice 24 hours prior to making non-emergency repairs, however.

Tenants also have responsibilities. They must respect the rights of other tenants and not damage the common areas or make those areas unsafe for other tenants. Renters must pay rent in a timely fashion and obey the terms of their leases.

Common Rental Disputes

Many of the typical landlord-tenant disputes arise because the parties have not memorialized their agreements in writing, or if they have a written agreement the terms are unclear. In New York, landlords and tenants are not required to have written leases if the term is for less than one year. However, not having a written agreement can lead to problems.

A common source of conflicts between landlords and tenants arises regarding how long it takes landlords to make repairs after the tenant has reported a problem. Landlords and tenants also disagree about what constitutes "normal wear and tear" on a property and when the landlord has the right to keep some or all of the tenant's security deposit to make repairs after the tenant vacates the property.

Many renters report having issues with landlords not understanding that the security deposit is still the tenant's money, even if the landlord is holding it in trust. Similarly, many landlords note that tenants are unaware that the landlord can sue a tenant for damages that the tenant causes to the property that exceed the amount of the damage deposit.

Resolving Disagreements

One of the ways to resolve rental disputes is for each party to understand the law. In many cases, disagreements arise because one party is unaware of his or her responsibilities under the law. Another important aspect of working through disagreements is communicating. A lot of things can be settled when the parties talk things over calmly and in person. People should also keep documentation of the matter, in case future disagreements arise.

If the parties cannot resolve the matter themselves, they may wish to hire lawyers to represent them and pursue legal action. If you have questions about landlord-tenant disputes, speak with a skilled landlord-tenant attorney who can offer guidance about your situation.

Article provided by Law Offices of Raymond Cash, P.C.
Visit us at http://www.queenslandlordtenantlaw.com