Law & Legal & Attorney Real estate & property Law

Landlord Duties in New York

    Leases

    • A landlord must provide a tenant with a lease that is sufficiently informative. The lease should identify the premises, specify the parties to the lease, amount of rent and due date. The lease must be in clear, lay language that the tenant can easily understand. Leases that exempt landlords from liability for injury are void. Also, leases that waive the tenant's right to a jury trial or pledge their household furniture as security for rent are void as well.

    Rent

    • A landlord and tenant are free to agree to any rent arrangement they see fit. The New York Rent Guidelines Board sets limits on yearly rent increases and landlords are under a duty to stay within the limit. A landlord may increase rent above the limit if he has substantially improved or repaired the property provided he submits an application to do so to the board. A landlord must provide a receipt for rent paid in cash.

    Subletting

    • A tenant may not sublet an apartment without the written consent of the landlord. The landlord is under a duty to not withhold consent without cause. If the landlord reasonably refuses a sublet, the tenant may not sublet or be released from the leasehold. If the refusal to sublet is unreasonable, the tenant is released from the leasehold within 30 days from the date of request.

    Warranty of Habitability

    • The landlord must provide a livable, safe and sanitary environment. This duty is implied in every lease even if it is not written in the lease. The landlord must provide regular heat (from October 1 through May 31) and hot water. Insect infestations must be handled immediately. Any breach of the warrant of habitability will result in the tenant's right to sue for rent reduction. For less severe malfunctions, the tenant may opt to repair the damage himself and reduce the rent payment by the amount expended for repairs.

    Duty of Repair

    • The landlord is under a duty to keep a building in good repair. Each unit must be clean of vermin, garbage and offense material. Electrical systems, plumbing, sanitary, heating and ventilation systems must be kept in good working order. This requirement includes all common areas as well. Smoke and carbon monoxide detectors must be present in every New York apartment.

    Safety

    • Landlords are under a duty to take minimal precautions to protect against foreseeable risks of crime. This means fortifying entrances from unauthorized entry. Since 1968, New York apartments are required to have self-locking and self-closing front doors. Apartments with eight or more rental units must have an intercom system as well. Entrances, stairways and hallways must be sufficiently lit from sundown to sunrise. All elevators must have mirrors. Landlords must install window guards in any apartment unit housing a child under age 10.

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