Tenants and Landlord Law In NewYork (Coursework Sample)

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Landlord and Tenant law in NY and Procedure of Eviction
Case study on landlord-tenant law and write a research paper on this topic. Also explore the procedure for eviction in New York State.
The relationship of Landlord and tenant is defined by the law and it has to be followed and noticed under the light of the law, whereas their laws are well mention in the leaseestate.In general the landlord and tenant has the tenancy agreement which is the most prominent and valid factor in terms of the legal aspect, because there are rules and regulations in the law which has to be followed and the tenancy agreement serves the purpose better. In broader view , when we listen of landlord and tenant agreement we think of house agreement , but it can be commercial agreement or lease on any other purpose regardless of housing lease.
We have noticed many cases in which there are lots of disputes between the landlord and the tenants on the issues of owing the rent, damaging the property of the landlord, no payment of dues and other bills and on the other side the tenant has also some problems with the issues of the delivery of property, the repairs which had to be made in the house, other utility expenses and other problems which may or might be possible in this case.
We need to study and focus on the landlord and tenant law in the New York State and want to scrutinize the methods and procedure which are followed in the eviction process on the landlord and tenant case. There are many other things and possibilities need to be discussed, but we will start it from the duties and remedies of the landlord and tenants in the New York State. The rights of the landlord are the responsibilities of the tenants and vice-versa. The rights and responsibilities of tenants and landlords are well versed and described in the New York State Law.
Lease and the Rental Agreement:
The tenant and landlord must enter into a mutual understanding and consent of the rental agreement which can be either mouth to mouth and if that contract is in black and white then it will be called as lease. The lease is the binding force between the landlord and the tenant which holds all the clauses regarding the rental agreement, the policy statement, how and when the possession of the rental unit will be given, the decided rent between the parties and the security deposit which is taken from the tenant as a security reason for damages and repairs in any other case.
Important Points in the Lease:
The lease has to be read carefully by the tenant because in every clause there are very important and major points which must need to be understand very well, there must be no ambiguity or any other confusion in the lease, the law has given the right to the tenant that there should be no illegal clause to be mentioned in the lease. The law will play its part and therefore the landlord will be convicted in another case.
No Confusion and Ambiguity in the Lease:
landlord can increase the rent anytime if it is mentioned in the lease. This is the reason of most of the disputes and eviction that people doesn’t read the clauses and the paragraphs written in the lease. The New York state has ordered the landlords to make the lease understandable and there must be no confusion on any other part of the lease as it must be readable and if there is any confusion regarding any other clauses, the law has defended the rights of the tenants and have ordered the landlord to review and explain the other clauses which have some sort of query or confusion or they might be hard to understand.
Legal value of the Lease:
The lease are in actual regulated by the law and if anyone commits or break the law or doesn’t act according to the clauses it might not be necessary it might be tenant or landlord both are under the law and have to act under the rules and regulations of New York State law. According to the Rental and Property Law , the lease can’t be dismantle or it can’t be violated in other ways in some exceptional cases the law has given the relaxation of going against the lease but in some special cases for e.g. in senior citizens termination case , in military termination of lease , the law has given some kind of relaxation but in vey minute cases where genuinely there is everything to prove but with prior notice of 30 and in some cases 60 days notice so that landlord can arrange any other tenant in that case.
Termination of Lease and Subletting:
It has defined in the law that, when a person needs to terminate the lease or he/she wants to move from this place regardless of any other issues well known to them, there is one way to limit their liability and this is that they sublease the apartment and The New York states has allowed and given this right to the tenant to sublet the rental unit.
There is one condition in subletting the apartment or house, the condition lies that when the tenant proposes any other party to sublet, he/she must have consent with the landlord and the law also gives the right to the landlord to properly scrutinize and check the applicant. In this case if the applicant is suitable and the landlord finds it great then the liability of the tenant shifts to the subtenant because there is a lease assignment between the landlord and the subtenant. In many other cases the landlord is not obligate or he/she is not confined to grant the lease assignment to the tenant. So these are some conditions of terminating the lease or subletting it to the subtenant.
Now we will discuss about the rights and the responsibilities of the tenants and landlords which is prescribed by the New York State Law. The most important and few of the rights and duties of tenants are as follows:
Rights of Tenants/Duties of Landlord:
* A rental unit free of life, wellness and safety hazards and the right to look for code enforcement without retaliation by the landlord.
* Privacy in the rental place as determined by New York State law.
* Proper notice of the termination of a tenancy and
* Prior notice in the raising of rent.
* Utility service up to code and uninterrupted by the landlord.
* A court eviction.
* To have guests.
* To get refundable security deposit.
* To rent a unit without regard to race, color, national origin, religion, age, sex, disability, marital status or children in the family.
Responsibilities of Tenants/Rights of Landlord:
* To pay the rent on given time.
* To report all repair problems or damage to the landlord.
* To respect the rights of other tenants and neighbors.
* To keep the property free of damages and health hazards.
* Not use the property for illegal purposes.
* To give proper notice when moving.
* To inform the landlord of all residents in the dwelling.
* To have pets only with the landlord’s consent.
* To keep the exterior property free of debris and junked vehicles.
RIGHTS OF TENANTS/DUTIES OF LANDLORD:
The rights of tenants and duties of landlord as prescribed by the New York State law are as follows:
A RENTAL UNIT FREE OF LIFE, WELLNESS AND SAFETY HAZARDS AND THE RIGHT TO LOOK FOR CODE ENFORCEMENT WITHOUT RETALIATION BY THE LANDLORD:
It is the right of the tenant to have the rental unit covered with all the safety measures and all other basic facilities of life. According to the property law the landlord is bound to give all these proper facilities and well groomed rental unit with all the repairs done safe and soundly, in another case if the repairs are not been made according to the demand of the tenant , the tenant can write an application in black and white for the prompt action and dual notification must take place for future considerations. The law has protected and served the right of the tenant and as well as the landlord in a very graceful manner and has given the remedies in any case.
PRIVACY IN THE RENTAL PLACE AS DETERMINED BY NEW YORK STATE LAW:
The law has given the right to the tenant that privacy must be ensured and not be violated in the rental unit. Once the possession is given by the landlord to the tenant the privacy factor, which is the most important and well-discussed matter in the New York State Law, must not be abrogate because it can create problems for the landlord and tenant can suit a file against the landlord for breaching the privacy at the rental unit.
It is the duty of the tenant to ensure that no illegal activity or work will be done in the landlord property and it will be free from all those activities so that it can gain and build some confidence in the mind of the landlord. But landlord must not breach the privacy in any case otherwise the law will enforce.
PROPER NOTICE OF THE TERMINATION OF A TENANCY:
There should be the proper notice of termination of tenancy from the landlord, the landlord can’t force the evacuation of the house within the contractual period, in that case the lease will play the important role and breaching of that can evict the landlord and he/she might face heavy price for that mistake. There should be a proper notification and method to terminate the tenancy for any other issues , if the issue is of non-payment , damages suffered by the property or any other illegal activity conducted at the landlord place will be pointed out as a breach of the contract from the tenant and in that case the landlord can serve a notice and then can evacuate the property with the court orders.
PRIOR NOTICE IN THE RAISING OF RENT:
This is the fundamental and outmost right of the tenant that when the landlord is increasing the rent of the rental unit he/she must know about the increment and the landlord is bound to serve a notice and informing in advance regarding the increase in the rent of the rental unit In most of th...