There are many legislation and regulations that control the relationship between a landlord and a tenant which they ought to know, especially the fundamental laws. Knowledge of theses legislation will enable landlords and tenants deal with matters before deciding whether or not to consult an attorney. The most important thing is to know and understand the essentials of the Tenancy Law or the State Law of their place of residence. This article places on New York Tenancy Law and other regulations applicable in the New York State, and the aim is to guide residents on all legal necessaries.
Legally Required Disclosures By Landlord Under The New York Tenancy Law
Pursuant to New York law, landlords are mandated to disclose precise information on deposits to tenants. If a tenant is required to make a deposit, landlords are duty bound to make such disclosure to the tenant prior to the execution of a formal tenancy agreement or before the commencement of the tenancy.
Limit and Return of Security Deposit in New York
There is no legal provision for limits chargeable by a landlord for security deposit under the New York State Law, and there is also no limit as to when it should be returned, provided it is done within “A Reasonable Time” following when a tenant moves or delivers vacant possession to the landlord. Typically, a reasonable time has been defined to mean between not later than 21 or 45 days.
Jurisdictions and Lawsuits for Small Claims in New York
Tenants are at liberty to sue landlords in any courts depending on the area of the state. Tenants in New York cities whose claims are regarded as Small Claims may approach the Civil Court. In Nassau and Suffolk counties, tenants may institute their suit in the district court. The Justice Court in rural areas may exercise jurisdiction in claims or suits initiated for the return of their deposit.
The monetary jurisdictional limit or powers of New York Small Claims Court where a tenant institutes an action may be up to $5,000 (USD) and $3,000 (USD) in town and village Justice Courts. You may consult an attorney for defenses available to a Landlord who seeks to defend a security deposit lawsuit should.
Similar to the New York Tenancy Law, other State laws control a number of rent related questions such as rent control and stabilization, time frame within which a tenant can pay overdue rent or deliver vacant possession to the landlord before which he can file for eviction. For instant in the New York State a landlord may file a suit for eviction where the tenant holds over the apartment for more than three days after the expiration of the term granted.
Rights of Tenant to Withhold Rent Under the New York Tenancy Law
Where a landlord fails, refuses or neglects to take care of or effect essential repairs in the apartment, for instance broken heater, damaged roof, etc especially in cases where the landlord has been put on notice, a tenant may legally withhold rent or exercise the right to “repair and deduct” from rent and same shall be deemed to be lawful.
Determination of Tenancy
Some State laws make provision for statutory ways by which a landlord may determine or terminate a tenancy. For instance, in New York City, where a tenant holds over an apartment of monthly rent, the landlord may give such tenant an unconditional quit notice of ten days to vacate the apartment and deliver vacant possession to the landlord, and where the tenant fails or refuses to quit, the landlord can file for eviction.
Ancillary Local Ordinances bothering on New York Landlords and Tenants
Apart from State Laws, cities and counties sometimes enact local ordinances, such as rules on rent control, health, and safety standards for rented apartments, noise, sound and nuisance regulations, and anti-discrimination rules to protect rights of citizens and to ensure equity and fairness in the dealings of landlords with tenants. If you need more information on local ordinances regulating landlords and tenants, you may search the internet; for instance, you may search for FAQ in Rochester’s Noise Ordinance. You may also search for State and Local Government on the Net and as they are good resource sites for discovering local governments online. You can also conduct a manual search in public library or office of the mayor, city attorney, or city or county manager for more information on local ordinances that influence landlords and tenants relationship in New York.
Federal Laws That Regulate Landlord/Tenant Relationship As Applicable To New York Tenancy Law
There are Federal Laws that also affect the landlord and Tenant relationship. Most landlords and tenants may be principally concerned with State laws. The US Congress has enacted laws, and enabling statutes. These laws established federal agencies, such as Department of Housing and Urban Development (HUD) which ensures compliance with regulations preventing discrimination and the U.S. Environmental Protection Agency (EPA) to ensure that landlords discharge their responsibilities to disclose environmental health hazards.
If you need more information on Federal Statutory provisions, you may search online or offline for the U.S. Code. It comprises fifty distinct numbered headings, and each covers a precise subject matter. A good number Federal regulations and enactments are published in the Code of Federal Regulations CFR.