Off Campus Housing
Tenant's Rights and Responsibilities
Compiled from the "Tenant's Rights Guide." from the Office of New York State Attorney General - Elliot Spitzer.
WHAT IS A LEASE?
A lease is a contract between a landlord and tenant which contains the terms and conditions of the rental. It cannot be changed while it is in effect unless both parties agree.? At a minimum, leases should specify the names and addresses of the parties, the amount and due dates of the rent, the duration of the rental, the conditions of occupancy, and the rights and obligations of both parties.
RENT CHARGES?
A landlord is free to charge any rent agreed upon by the parties.? Landlords must provide tenants with a written receipt when rent is paid in cash, a money order, a cashier's check or in any form other than the personal check of a tenant. The receipt must be signed by the person receiving the payment and state his or her title.
RENT SECURITY DEPOSITS
The security deposit is usually one month's rent. The landlord must return the security deposit, less any lawful deduction, to the tenant at the end of the lease or within a reasonable time thereafter. A landlord may use the security deposit: (a) as reimbursement for the reasonable cost of repairs beyond normal wear and tear, if the tenant damages the apartment; or (b) as reimbursement for any unpaid rent.
WARRANTY OF HABITABILITY?
Tenants are entitled to a livable, safe and sanitary apartment. Lease provisions inconsistent with this right are illegal. Failure to provide heat or hot water on a regular basis, or to rid an apartment of insect infestation are examples of a violation of this warranty. Public areas of the building are also covered by the warranty of habitability.
LANDLORDS' DUTY OF REPAIR
Landlords of buildings with three or more apartments must keep the apartments and the buildings' public areas in "good repair" and clean and free of vermin, garbage or other offensive material. Landlords are required to maintain electrical, plumbing, sanitary, heating, ventilating systems and appliances landlords install, such as refrigerators and stoves in good and safe working order.
CRIME PREVENTION ?
Landlords are required to take minimal precautions to protect against foreseeable criminal harm. For example, tenants who are victims of crimes in their building or apartment, and who are able to prove that the criminal was an intruder and took advantage of the fact that the entrance to the building was negligently maintained by the landlord, may be able to recover damages from the landlord.
ENTRANCE DOOR LOCKS AND INTERCOMS
Multiple dwellings which were built or converted to such use after January 1, 1968 must have automatic self-closing and self-locking doors at all entrances. These doors must be kept locked at all times.? If this type of building contains eight or more apartments it must also have a two-way voice intercom system from each apartment to the front door and tenants must be able to "buzz" open the entrance door for visitors.
INDIVIDUAL LOCKS
Tenants in multiple dwellings can install and maintain their own locks on their apartment entrance doors in addition to the lock supplied by the landlord. The lock may be no more than three inches in circumference, and tenants must provide their landlord with a duplicate key upon request.
SMOKE DETECTORS
Apartments in a multiple dwelling (three or more apartments) must be equipped by the landlord with at least one smoke detector that is clearly audible in any sleeping area.
RIGHT TO PRIVACY
Tenants have the right to privacy within their apartments. A landlord, however, may enter a tenant's apartment with reasonable prior notice, and at a reasonable time: (a) to provide necessary or agreed upon repairs or services; or (b) in accordance with the lease; or (c) to show the apartment to prospective purchasers or tenants. In emergencies, such as fires, the landlord may enter the apartment without the tenant's consent. A landlord may not abuse this limited right of entry or use it to harass a tenant. A landlord may not interfere with the installation of cable televison facilities.
DISCRIMINATION
Landlords may not refuse to rent to anyone or renew leases of, or otherwise discriminate against, any person or group of persons because of race, creed, color, national origin, sex, disability, age, marital status or familial status.
For landlord complaints call Small Claims Court: (518) 382-5077
For additional information visit the Tenant's Rights Guide