Frequently Asked Questions Regarding Rental Agreement in New York
Questions for New York Rental Agreements: Tenants and Landlords Beware3 min read
When it comes to negotiating a rental agreement in New York, there are many questions that both the tenant and landlord need to be aware of to ensure they are compliant with New York’s laws. Whether you are just starting out as a tenant or an experienced landlord, resolving any issues that may arise quickly is key to a successful relationship between the two parties.
UpCounsel provides access to highly qualified business attorneys that can answer any query you may have regarding rental agreements and the applicable laws in New York. To help you understand the process more thoroughly, we have compiled a list of frequently asked questions and their corresponding answers to help you better understand rental agreement laws in New York.
Q. What Is Considered an Unlawful Rental Agreement in New York?
Any rental agreement that is in violation of New York’s operating laws is considered to be unlawful. The most common violations include leases that are for more than one year without the proper approval of the municipality, leases that are automatically renewed without tenant’s permission, and leases that are not in full compliance with the applicable laws. If any of these violations occur, the tenant is not obligated to adhere to the rental agreement and may notify the landlord that the agreement is invalid.
Q. What Are the Rights and Responsibilities of a Tenant in New York?
In New York, tenants are legally entitled to a safe and secure living environment, adequate heat and proper lighting. Tenants are responsible for paying the monthly rent on time and adhering to the rules and regulations outlined in the rental agreement. Additionally, tenants must take reasonable care of the property they are renting and not cause any damage or nuisance to other tenants. Obtaining renter’s insurance is also recommended to protect valuable possessions that may be stored within the rental premises.
Q. What Are the Rights and Responsibilities of a Landlord in New York?
As the owner of the rental premises, landlords in New York are responsible for ensuring that the rental premises is fit for habitation, has necessary functioning utilities, and complies with the laws and regulations of New York’s municipalities. Landlords can collect security deposits––typically one month’s worth of rent––at the beginning of a lease agreement to cover any damages to the property left by the tenant at the end of the lease.
Q. Can a Landlord Change the Terms of a Lease During the Term of the Agreement?
Yes. However, the landlord must inform the tenant of any changes in writing and the tenant must be given the opportunity to agree to the changes in writing. If the tenant does not agree to the changes, the original lease terms are still in effect.
Q. Can a Landlord Enter the Premises Without the Tenant’s Permission?
Yes, with certain exceptions. In New York, a landlord may enter the rental property without the tenant’s permission in the case of emergencies, to show the premises to prospective buyers or tenants, or to make necessary repairs or improvements that are outlined in the rental agreement. The landlord must give the tenant proper notice if they wish to enter the premises and must respect the tenant’s reasonable privacy requests.
Q. Who Is Responsible for Improving the Property During the Rental Period?
In general, landlords are responsible for making any improvements to the property during the rental period, unless there is a clause in the lease agreement that specifies otherwise. Improvements such as repairing and replacing appliances, renovating bathrooms and kitchens, and updating furnishings should all be completed by the landlord unless specified otherwise.
New York’s laws are complex when it comes to rental agreements and the rights and responsibilities of tenant and landlord. If you have any questions related to a rental agreement in New York, do not hesitate to contact UpCounsel today. Our attorneys have experience providing counsel for all types of rental agreements, so you can trust that you will receive the best legal advice specific to the local context.
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