Landlord & Tenant

Landlord-Tenant Law in New York: Legal Guidance for Tenants and Landlords

Real estate closings are key events where all parties involved in the transaction come together to finalize the legal documents. Whether you are the buyer or the seller, a real estate closing attorney from Held & Hines, LLP will guide you through the process, ensuring compliance with New York law and that all documents are accurately prepared, including title records, unpaid mortgages, liens, and prior conveyances.

In addition to real estate closings, New York Landlord-Tenant Law provides important protections for both landlords and tenants. Landlords are required by law to provide safe and habitable living conditions for their tenants. This includes maintaining the property in good condition, ensuring access to running water, heat, and sanitation facilities. Tenants, in turn, must fulfill their obligations, including paying rent on time and maintaining the integrity of the property.

If you or someone you love is paying rent for a property that is poorly maintained or unsafe, the expert landlord-tenant attorneys at Held & Hines are here to help. We also represent tenants in cases where their landlord has breached the lease or seeks eviction. No matter the nature of your landlord-tenant dispute, our experienced team is dedicated to obtaining the most favorable outcome for our clients.

Types of Uninhabitable Conditions in New York

Under New York City Housing Maintenance Code and New York State law, landlords must ensure that their rental properties meet certain minimum standards. These include:

Structurally unsound surfaces: Leaky or damaged roofs, faulty stairs, crumbling walls, and deteriorating flooring.
Lack of potable water: Issues with water supply, waste management, and heating systems.
Electrical hazards: Dangerous electrical connections and unsafe gas/heat source storage.
Infestation: Bed bugs, cockroaches, rats, and other pests.
Toxic mold: Presence of black or toxic mold that affects the health of tenants.

If these conditions exist, tenants are entitled to take legal action to demand necessary repairs and remedies. If you are experiencing uninhabitable conditions, don’t suffer in silence. Contact the landlord-tenant attorneys at Held & Hines to explore your legal options.

Tenant Rights in New York: Key Considerations for Your Lease

When entering into a lease agreement in New York, it’s essential to have clarity on the terms and conditions. Held & Hines recommends that the following elements be included in any lease agreement:

Full names of landlord and tenant
Exact address of the rented property
Clear rental term: Specify whether the lease is for six months, one year, or month-to-month.
Rent amount and due date
Security deposit: Clearly outline the amount collected and the procedures for returning the deposit.
Tenant responsibilities: Be specific regarding responsibilities, such as keeping the property free from hazards.
Signatures: Ensure that both the landlord and tenant sign the agreement and that dates are included.

Additionally, the New York Real Property Law provides that landlords must provide a written notice to tenants before starting an eviction process.

Reasons for Eviction Under New York Law

Landlords in New York are permitted to evict tenants for a variety of reasons, including but not limited to:

Non-payment of rent
Violation of lease terms (e.g., unauthorized pets)
Property damage
Refusal to vacate after the lease term ends

Under New York law, landlords must serve proper notice before filing for eviction. Tenants have rights during the eviction process, including the right to contest eviction through legal means.

Contact Held & Hines for Expert Legal Assistance

Whether you are a tenant dealing with uninhabitable living conditions or a landlord facing a tenant dispute, the team at Held & Hines is ready to offer knowledgeable, client-focused legal counsel. Our seasoned attorneys are committed to protecting your rights under New York landlord-tenant law.

FAQ

What are the rights of tenants in New York?

Tenants in New York have the right to a habitable living space, protection from unlawful eviction, and timely repairs for issues that affect their health or safety. Landlords must also provide a written lease and follow the rules outlined in New York’s Real Property Law.

Can a landlord evict a tenant without cause in New York?

No. Landlords must follow proper legal procedures and give the required notice before evicting a tenant. In New York, eviction without a valid reason is illegal.

What conditions are considered uninhabitable in New York?

Conditions such as mold, pest infestation, lack of heating or water, unsafe electrical wiring, and structural damage can make a property uninhabitable in New York.

Contact Us

If you are involved in a landlord-tenant dispute in New York or need assistance with any real estate matter, don’t hesitate to contact the experienced team at Held & Hines, LLP. Our dedicated attorneys will help you navigate the complexities of the law and work tirelessly to achieve a favorable outcome for you.