New York is known to be a landlord-friendly state due to higher rental prices, according to Doorloop's blog, but also tenant-friendly due to high rates of rent control clauses. Landlords need to be aware of these laws and analyze them carefully to avoid legal issues when drafting lease agreements.
But, what is a Lease agreement? Lease agreements are essential in establishing rules and regulations for both landlords and tenants to follow throughout the lease term. In New York, these documents are required to disclose important information such as leasing requirements, landlord and tenant responsibilities and rights, and other legal details. Landlords should draft a lease agreement if the tenant is renting for more than 12 months, and it's recommended for shorter periods to avoid legal issues. Lease agreements can be provided in written or oral form, but most landlords in New York prefer the written version for added security.
Landlord-tenant laws can differ between states, but there are general rules that both New York landlords and tenants must follow during a lease. However, landlords can create their own rules for their property, as long as they comply with the "Fair Housing Act" and the "New York State Division of Human Rights."
For example, every landlord in New York must provide good plumbing conditions, electrical outlets in good condition, protection against bugs, vermin, and mold, secure windows and doors, and hot and cold water in multiple dwelling units. Landlords have the right to deduct damages from the security deposit, enter the rental property in emergency situations, and more. However, some cities, like New York City, have their own specific laws and regulations, so it's important for landlords to check their local regulations. On the other hand, tenants in New York are responsible for paying rent on time, keeping the unit in good condition, keeping the property clean both inside and outside, maintaining the unit, keeping utilities in good working condition, and not disturbing their neighbors. Tenants also have the right to live in a habitable unit and be protected against discrimination, harassment, and retaliation, to say some examples.
Maintaining a healthy relationship between landlords and tenants is crucial to prevent legal disputes, and this can be achieved by ensuring that the lease arrangement is compliant with the Fair Housing Law, the New York State Division of Human Rights, and general tenant-landlord law in the state.
If you need more information or help, you can contact us, and we will gladly assist you.
Bitton, D (2023) New York Landlord Tenant Laws & Rights for 2023, doorloop blog. https://www.doorloop.com/laws/new-york-landlord-tenant-rights