For anyone renting an apartment in New York City, it pays to understand what rights and responsibilities tenants should expect. The competition for finding a home with the right location, square footage, and cost, makes it tempting to skip over details, especially in the lease agreement.

In this article, we’ll outline an area that can often cause misunderstanding between tenant and landlord: who pays for repairs.

Is it Wear and Tear or is it Damage?

Before we get into detail, it’s good to know the difference between damage and wear and tear. This difference plays a significant role in determining security deposit refunds at the end of the lease term.

Whereas normal wear and tear refers to the gradual deterioration that occurs over time with ordinary use; tenant-caused damage refers to any damage or harm to the property that results from negligence, misuse, or accidents caused by the tenant or their guests. Landlords are generally responsible for covering the cost of repairs and replacements due to normal wear and tear, as it is expected to occur over time.

Tenants are typically responsible for repairing or covering the costs associated with any damages they cause beyond normal wear and tear. Landlords may deduct these costs from the security deposit when tenants move out.

Warranty of Habitability

The warranty of habitability is a landlord-tenant law that obliges landlords to offer rental properties in a condition that is not just inhabitable, but comfortable, safe, clean, and well-maintained.

Habitability encompasses a range of factors. These include access to vital services such as heating during the chilly winter months, reliable hot and cold water supply for daily needs, and proper garbage disposal facilities. Additionally, habitability extends to the structural integrity of the property, ensuring it is free from hazards that could endanger tenants' health or safety.

‍Landlord Responsibilities for Repairs

There are various repair and maintenance tasks that fall under the purview of landlords, as dictated by New York laws.

Heating

During the colder months, providing adequate heating systems is a fundamental obligation of landlords in New York. This includes ensuring that heating systems are in good working condition, and capable of maintaining a comfortable temperature inside rental units. Landlords must address any issues with heating promptly to ensure tenants' comfort and safety during winter.

Water

Tenants rely on access to clean and safe water for daily activities such as bathing, cooking, and cleaning. Plumbing systems must be adequately maintained to prevent disruptions in water supply, quality and temperature.

Garbage

Landlords in New York are required to arrange for regular garbage disposal services to ensure that tenants have proper means for disposing of waste. This may include providing designated trash bins or contracting with waste management companies to remove garbage from the premises.

Structure

The structural integrity of the rental property is important for ensuring the safety of tenants. Landlords must maintain the structural elements of the building, including walls, floors, ceilings, roofs, and foundations, in good repair. This includes addressing any signs of deterioration, damage, or instability promptly to prevent hazards that could endanger tenants' safety.

Plumbing, Electrical, and Appliances

Landlords must also address issues with plumbing, electrical systems, and appliances provided as part of the rental unit. This includes repairing leaks, clogs, or malfunctions in plumbing fixtures, ensuring that electrical systems are safe and up to code, and addressing any problems with appliances such as refrigerators, stoves, and dishwashers provided by the landlord.

Repairs

The landlord is responsible for fixing basic things in your apartment such as leaks, broken sinks and issues with the water, peeling paint, broken or non-closing windows, no heat or hot water, and severe issues with rodents, roaches, or bedbugs.

By fulfilling these repair and maintenance responsibilities, landlords help create safe, comfortable, and livable environments for their tenants, in compliance with New York laws governing rental properties. Tenants have the right to expect timely and effective resolution of repair issues to ensure their well-being and satisfaction with their rental accommodations.

New York Laws for Rental Apartments

In New York State, the warranty of habitability is not just a moral obligation but a legal requirement enforced to safeguard tenants' rights. Landlords are bound by law to provide rental properties in a habitable condition, meeting the standards outlined by state regulations. These regulations serve as a shield, empowering tenants to demand necessary repairs and maintenance to ensure their living conditions meet the threshold of habitability as mandated by law.

Housing Codes and Regulations

Landlords in New York City are required to adhere to specific housing codes and regulations aimed at ensuring the safety and habitability of rental apartments. These codes include requirements for structural integrity, fire safety measures, sanitation standards, and maintenance of essential services such as heating, water, and garbage disposal. By complying with these regulations, landlords help create a safe and comfortable living environment for their tenants.

‍Tenant Protection Laws

New York State has powerful tenant protection laws in place to safeguard the rights of renters and provide recourse in case of landlord negligence. These laws outline procedures for tenants to request repairs, withhold rent, and seek legal action against landlords who fail to fulfill their obligations. Tenants have the right to submit repair requests to landlords in writing, request inspections by relevant authorities, and withhold rent or seek rent reductions if repairs are not made in a timely manner. Additionally, tenants have legal recourse to pursue damages or terminate leases in cases of severe or repeated landlord negligence.

Understanding and abiding by these laws and regulations is crucial for both landlords and tenants to maintain a harmonious and legally compliant rental relationship. By upholding standards of safety, habitability, and tenant protections, New York City's rental housing market can thrive while ensuring the well-being and rights of all parties involved.

How To Request Repair Work

As a tenant in New York City, you have certain rights when it comes to requesting repairs and maintenance from your landlord.

Requesting Repairs

Tenants have the right to request repairs and maintenance from their landlords when issues arise that affect the habitability of their rental unit. Whether it's a malfunctioning heating system, a leaky faucet, or a broken appliance, tenants can submit repair requests to their landlords to address these issues promptly.

‍Submitting Repair Requests

When submitting a repair request to your landlord, it's important to follow the proper procedures to ensure that your request is addressed in a timely manner. This typically involves:

Notifying the Landlord in Writing: Notify your landlord of the repair issue in writing to create a record of the request. You can send a letter or email detailing the specific problem and the impact it has on the habitability of your rental unit.

Providing Specific Details: Provide specific details about the repair issue, including the nature of the problem and how it affects your ability to live comfortably in the rental unit. The more information you can provide, the better equipped your landlord will be to address the issue effectively.

Requesting a Reasonable Timeframe: When submitting your repair request, you can also request a reasonable timeframe for the landlord to address the issue.

While the specific timeframe may vary depending on the nature of the repair, landlords are generally expected to respond promptly and make necessary repairs within a reasonable period.

Seeking Reimbursement for Repairs

If you’ve taken it upon yourself to repair or arrange for someone to conduct repair work in your apartment, you might wonder if you could seek reimbursement from your landlord. Generally, a landlord must be notified before you attempt any repairs yourself. For example, if you arrange for a plumber or electrician without having first notified your landlord, your landlord may refuse to pay for the work.

Conclusion

By understanding your rights as a tenant and following the proper procedures for submitting repair requests, you can ensure that your landlord addresses maintenance issues promptly, maintaining a safe and habitable living environment in your rental unit. If your landlord fails to respond to repair requests or address maintenance issues in a timely manner, you may have legal recourse to seek remedies and protect your rights as a tenant.

Get in touch with us for all your moving handyman services at (718) 619-4881.