The landlord tenant relationship is covered by state law, and issues ranging from rent payments to repairs are often addressed by local statutes. Landlord tenant law covers the rental of both residential and commercial property. Residential property is property where someone lives and makes his or her home; a commercial property is used for business purposes. Generally for residential properties, a landlord is responsible for providing a habitable living unit for a tenant.
If you or someone you know is renting or leasing a property and has questions about a landlord’s responsibilities, contact a skilled Brooklyn premises liability lawyer to learn about your options under the law.
Landlord Responsibilities
Beyond the individual responsibilities placed on landlords by local law, the contract to rent the property – known as a lease – will detail each party’s rights and responsibilities. A lease is a binding contract (written or oral) between two or more parties to establish or modify the terms and conditions or rules for a party’s use and occupancy of a residential premises. Generally, landlord responsibilities to a tenant include:
- Providing a copy of a fully signed lease within a certain time frame – a security deposit receipt as well as the bank information of where the funds will be held must be provided;
- Providing running water as well as a working sink, stove, and oven – a refrigerator may or may not be required depending on state law, however, if it is provided it must be kept in good working condition;
- Keeping the apartment insect and rodent free;
- Only entering the apartment for repairs, inspection, or to show prospective renters after providing appropriate notice; and
- Not retaliating against a tenant who exercises his or her legal rights by terminating the lease or raising rent.
Across the nation, while landlords are allowed to reject applicant tenants based on negative references, bad credit history or previous behavior, a landlord cannot discriminate based on race, religion, national origin, sex, family status as well as physical or mental disability. In New York, it is also prohibited for a landlord to discriminate based on a person’s marital status, sexual orientation or gender identity.
Liability for Accidents
Premises liability is the law that covers the legal duty of a property owner to keep the premises reasonably safe for both visitors and guests. This area of the law covers the relationship between landlords and tenants, among other circumstances. Under the law of several states across the nation, a landlord has a legal duty of reasonable care to tenants and visitors to keep the property in a reasonably safe condition. This ordinary duty of care includes keeping common areas such as stairways, entryways, meeting areas and hallways reasonably safe for their intended uses. For someone to be successful in a claim for injuries based on premises liability, the following must be proven: (1) the landlord was responsible for maintaining the portion of the property where the incident occurred; (2) the landlord failed to take reasonable actions to prevent the incident from occurring; (3) it would not have been unreasonably expensive or difficult to fix the issue; (4) the injury was a result of the issue; and (5) the landlord’s failure to fix or identify the issue caused the injury.
Local Legal Help in Brooklyn
Premises liability claims can be complicated because laws vary by state and the evidence is not always clear when it comes to proving liability. If you, a loved one, or someone you know has been injured on someone’s property as a result of another’s negligence, contact a Bronx personal injury attorney to learn about what compensation you may be owed. The experienced and aggressive attorneys at The Law Offices of Jeffrey K. Kestenbaum have recovered millions of dollars on behalf of clients from the greater New York area. Contact me today at (718) 237-5586 today for your initial consultation.
