by Cyndi Li

Created on: November 19, 2011   Last Updated: November 20, 2011

While New York tenant landlord laws mirror the laws of many other states, some of them do not. As a tenant or a landlord in New York it is important that you’re aware of what your rights and obligations are. Here’s a brief overview of New York tenant landlord laws. This is only a brief accounting of these laws, and is not intended to be taken as written law. As a landlord or tenant in New York it is your personal responsibility to educate yourself with regards to these laws.

The Lease Agreement

A lease agreement in New York can be either written or oral, though written is always a safer practice for both the tenant and landlord. This is because the terms of the agreement aren’t enforceable in a court of law unless they are in writing.

An oral lease agreement cannot last longer than a 12 month period.

A lease agreement cannot contain language that requires either the tenant or the landlord to forgo their rights under federal, state or local laws.  Any language of this sort is non-enforceable.

Landlords in the state of New York may not discriminate against any tenants or applicants because of their race, nation of origin, sex, creed, age, disability, marital or family status.

The Security Deposit

Landlords in New York may require prospective tenants to pay a security deposit. The security deposit may not be intermingled with the landlords own money. If there are six or more apartments the landlord is required to place all security deposits in an interest-bearing New York bank account.

The security deposit must be returned to a tenant at the end of their lease or at the time the lease is terminated. However, a landlord may lawfully withhold all or part of the security deposit for a number of reason including as reimbursement for the reasonable cost of repairs that are beyond normal wear and tear, for damages sustained to the apartment due to the willful or neglectful actions of the tenant or the tenants' guests or for compensation for any unpaid rent.

Landlord Rights and Obligations

Landlords in New York are obligated to maintain rental property in a safe and habitable condition. They are further obligated to make any necessary repairs in a timely manner.

A landlord may enter rental property for 3 reasons that include making emergency repairs, non-emergency repairs or improvements, and for property inspections. Note: A landlord is under no obligation to give prior notice of entry for any repairs that are of an emergency nature as long as entry is made at a time that is reasonable and relative to the nature of the emergency.

Tenants Rights and Obligations

Tenants in New York have a responsibility to pay their rent on time, and in accordance with the lease agreement.

A tenant may not willfully or through negligence damage the rental property. Tenants are also responsible for the actions of their guests and any damage they may cause whether intentionally or unintentionally.

The New York tenant landlord laws are extensive, and this overview only touches briefly on a few of them. Ignorance is no excuse of the law so protect yourself and your rights. Make it a point to familiarize yourself with all New York laws relative to tenants and landlords rights and responsibilities.

Learn more about this author, Cyndi Li.
Click here to send this author comments or questions.