5 Landlord Laws You Should Know Before Renting Your Property

As a landlord, it is essential to stay updated and educated on landlord tenant laws. You’ll want to ensure that your business is run legally and complies with landlord tenant laws and other obligations that you need to follow.

Landlord tenant laws outline what’s expected from you, as well as what you should expect from your tenants. While this blog doesn’t cover every landlord tenant law, it does cover 5 of the most important ones that you should know.

1. Follow All Anti-Discrimination Laws

Anti-discrimination laws are crucial to protecting the rights of tenants—but also your rights as a landlord—from anything that may be considered discriminatory. As a landlord, when going through the process of things such as screening tenants or establishing rules for your property, it is vital that you ensure you are complying with Fair Housing Laws. This means ensuring that your rules, for example, apply to everyone, regardless of their race, gender, sexuality, etc.

If you’re suspected of discriminating against someone based on characteristics protected by Fair Housing Laws, you can be sued. Discrimination lawsuits can cost landlords upwards of $50,000, so you want to be sure to avoid getting yourself into one.

2. You Must Provide a Safe, Habitable Environment

Landlord rules and regulations demand that tenants are provided with a safe and habitable environment. This means that your property can’t have any serious damage or safety hazards, and in the event that a serious issue does arise, a landlord’s first priority must be the safety of their tenants. Whether this means immediately resolving the issue or temporarily relocating tenants, it’s your responsibility as a landlord to provide a safe environment to your tenants.

Additionally, landlords must ensure that all appliances are working. This refers to appliances like a stove and refrigerator, but it also means tenants must always have access to working light fixtures, plumbing, and heating. The property must also be free of pests. If they do arise, it’s the landlord’s duty to immediately resolve the issue.

Finally, landlords are responsible for the upkeep of a unit throughout a tenant’s entire stay—not just during vacancies. This means tenants must be able to submit maintenance requests and work orders.

As a landlord, it’s vital that you’re sure to include in the lease agreement what each party is responsible for in terms of maintenance. This way, both parties are clear on their responsibilities and landlords must cover the expenses for their portion of the maintenance responsibilities.

3. Security Deposit Laws Require Prompt Deposit Returns

In New York City, you can legally charge a maximum of one month’s rent as a security deposit at your property. However, from a legal standpoint, this deposit remains the property of the tenant, regardless of whose possession it is in.

If you decide to place it in a bank, you need to notify the tenant in writing of the name and address of the bank, as well as the exact amount that belongs to the tenant. If you choose to put the deposit into an account that earns interest, any interest earned must be given to the tenant.

Upon the end of a tenant’s lease, landlord laws state that you have up to 14 days to return the deposit to the tenant. You can only make deductions from the tenant’s deposit in order to cover the costs of unpaid rent, damages made to the unit, utility bills, or the cost of storage or moving the tenant’s belongings. When you return their deposit, you’re required to include an itemized list of any deductions you made from it.

If you fail to return the deposit within 14 days, you lose the right to withhold any amount of the deposit, regardless of any outstanding balances the tenant may have. In fact, if you are unable to provide a valid reason as to why you did not return the deposit in 14 days, you may have to give the tenant double the amount of the deposit.

4. Know What to Do When a Tenant Abandons Their Unit

Tenant abandonment, or abandonment of a unit occurs when a tenant ceases to pay rent, leaves the unit, and leaves their personal belongings behind. In this situation, a landlord is required to notify the tenant as to how they can reclaim their belongings, what the costs are for storing their items, and how long they have before the unit is given to another tenant.

It’s important to deal with tenant abandonment promptly and properly, as it will have an impact on your business’ profitability.

5. Your Tenants Have a Right to Privacy

Once a renter becomes a tenant, they are legally given the right to privacy. This means once they have moved into the unit, the landlord cannot interfere. You are required to provide tenants with proper notice before entering their unit. Landlords cannot enter and exit an occupied unit without permission of the tenant, unless there is an emergency.

In order to protect yourself and ensure that the tenant is clear on their rights, it is advised to include a clause in lease agreements that clearly states the procedure in the event that you need access to the apartment. For example, if there is a repair that must be made, the lease should clearly state how you will intend on informing the tenant that you will need access to the unit. It should also state what events give you the right to enter the unit without permission, such as a fire.

Outerbridge Law Can Protect Your Business

Violating any of these laws could open your business up to legal vulnerabilities, and even result in you being served significant fines. Not only does that damage your business’ finances, but it will also tarnish your reputation as a landlord, making it harder for you to fill vacancies in the future.

If you’re entering the rental market as a landlord, make sure to devote the time to learning your rights as well as your tenants’ rights. Doing so will help you avoid costly fines and provide a better experience for your tenants.

However, every landlord in New York has challenges. Fortunately, you don’t have to face them alone; Outerbridge Law P.C. is a firm serving landlords and tenants across NYC. If you think you might have a case, contact us today to schedule a call.