NYC is one of the most expensive cities to rent a property in the U.S. The average rent in NYC keeps increasing every quarter. The median rent of a property in Manhattan was $4,667 in June as compared to $4,500 in May. This sudden increase in rent has several financial implications for the tenants. They have to budget their expenses and plan their savings accordingly.
Besides, if a tenant fails to pay the rent on time, the NYC Landlord Tenant Law allows the landlord to evict the tenant. In the tenancy process, the landlord also faces several challenges, such as damage to property and violations of lease terms and conditions. These lead to several challenges for both landlords and tenants. To avoid this situation, it is essential for both the landlord and tenant to have a knowledge of their rights and responsibilities, and the provisions of NYC Landlord Tenant Law that govern them.
Let’s go through each topic one by one!
NYC Landlord Rights and Responsibilities
NYC landlords must know their rights and responsibilities, which are issued and regulated by the NYC Landlord Tenant Law. Here is an overview of landlord rights.
1. They can collect the rent from the tenant and charge a late fee on default of payment.
2. They have a right to decide the rent, payment method, lease duration, lease terms, eviction process, and other lease clauses.
3. They have a right to receive the security deposit from the tenant, which is equal to one month’s rent or a part of the monthly rent.
4. The landlord can access the property for inspections and ensure that the tenant does not cause potential damage to it.
5. The landlord has the right to evict the tenant from the property for violation of lease terms, inability to pay the rent or damage to the property.
Apart from these rights, landlords have some responsibility toward the property and the tenant that they should fulfill. Some of them are:
1. To provide a habitable home to the tenant. The home should be clean, hygienic, and ventilated, free from dust, pesticides, mold, and other harmful chemicals.
2. To provide a property that supports basic amenities like water and electricity.
3. To return the security deposit to the tenant after the end or termination of the lease.
4. To listen to the grievances of the tenants and provide solutions to them.
5. Providing tenants with necessary maintenance services and making repairs, replacements, and renovations at a reasonable time.
NYC Tenant’s Rights and Responsibilities
Unlike the landlord, tenants also have some rights specifically to protect their interests and some responsibilities that they should perform with due diligence. Here are some of the rights of tenants in NYC that guard their interests, protect them against exploitation, and enable them to live with dignity and respect.
1. The tenant has a right to live in a safe, clean, hygienic, ventilated, and habitable home.
2. Tenants have the right to privacy, which requires the landlord to give a prior notice to visit the property.
3. The tenant can ask the landlord to return the security deposit after the lease expires or in case of early termination.
4. The tenant has the right to receive prior notice in case of eviction or an increase in rent.
5. The tenant can withhold the rent if the landlord does not make provision for maintenance, repairs, and renovation of the property at a reasonable time.
The tenant also has responsibilities towards the landlord and the property they should fulfill. Here are some of the general responsibilities of the tenants in NYC. The tenant should:
1. Pay the rent on time to the landlord. They should inform the landlord via message, email, or call if there is any delay in the payment of rent, along with the reason.
2. Not cause any damage to the property or its assets.
3. Adhere to all the lease agreement rules, regulations, and clauses.
4. Inform the landlord on time of necessary repairs, leakages, or maintenance issues.
5. Respect the neighbors and their right to privacy and do not disturb them unnecessarily.
6. Cooperate in the maintenance and inspection process.
NYC Landlord Tenant Law’s Provisions
NYC Landlord-Tenant Laws lay down the general rules and regulations that govern the rental process. It states the basic principles of tenancy that are legally binding on landlord and tenant. Let’s look at these principles and what the NYC Landlord-Tenant Law governs.
1. Screening and Rental Application Law
The Tenant Screening and Rental application law states that the landlord has a right to set the financial and credit qualifications for the prospective tenants. However, while reviewing an applicant, they cannot reject their application or discriminate against them on the basis of gender, caste, creed, color, race, and place of origin.
2. Lease Termination Law
The Lease Termination Law states that both parties have a right to terminate the lease by providing a 30-day prior written notice for the termination.
3. Security Deposit Law
The NYC Security Deposit Law states that the landlord has a right to receive a security deposit from the tenant. The landlord can keep the security deposit for the entire lease period. However, they have to return the amount to the tenant after the termination of the lease period. Furthermore, if the tenant has caused any potential damages to the property or is unable to pay the rent, the landlord can keep the security deposit as compensation.
4. NYC Eviction Law
The NYC Eviction Law states that the tenant has a right to receive a 30-day prior notice before eviction. The landlord must convey the reason for eviction, such as non-payment of rent, damage to property, or violation of the rules and regulations of the lease. The landlord cannot evict the tenant suddenly or without any proper reason.
Navigate Through NYC’s Complex Landlord-Tenant Law and Find the Best Property For You
Understanding the complex NYC landlord-tenant Law allows landlords and tenants to be aware of their rights, responsibilities, and legal remedies to protect them. The law states that the landlord has the right to receive monthly rent, inspect the property, and evict the tenant in case of violation of rules and regulations. At the same time it is the duty of the landlord to provide a habitable home to the tenant and respect their privacy.
For the tenant, it states that it is their right to live in a habitable home and safe environment with privacy and access to a quality life. Besides, it is the responsibility of the tenant not to cause any harm to the property and to pay rent on time.
Understanding the complexities of NYC Landlord-Tenant Law and managing or renting a property can be difficult. To navigate these complexities and gain good tenancy experience, contact Citadel Property Management Corp.