What Are My Responsibilities?
Bought a duplex two days ago. Tenent called tonight with a major water leak. Plumber stated leak is in slab. I wanted both tenents out to rehab any way and was going to offer cash for them to leave. Now there is no water, a long holiday weekend and a repair that will require the slab to be cut = TIME... Question... What happens when a repair of this size happens and tenents on a lease need to leave. Help please and thanks... Don
In any rental situation, the landlord is required by law to provide renters with a safe, habitable dwelling.
Minimally, "habitable" is defined as safe, protected from the elements, free of health hazards, and provided with adequate heat and hot water (unless the heat and hot water are under the direct control of the tenant).
A landlord shall: ...
(1) make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition, except where the premises are intentionally rendered unfit or uninhabitable by the tenant, a member of his family or other person on the premises with his consent, in which case such duty shall be the responsibility of the tenant;
(2) keep all common areas of the premises in a clean and safe condition;
(3) maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating and other facilities and appliances and elevators, supplied or required to be supplied by him;
(4) provide and maintain appropriate receptacles for the removal of ashes, garbage, rubbish and other waste incidental to the occupancy of the dwelling unit and arrange for their removal; and
(5) supply running water and reasonable amounts of hot water at all times and reasonable heat except if the building which includes the dwelling unit is not required by law to be equipped for that purpose or if the dwelling unit is so constructed that heat or hot water is generated by an installation within the exclusive control of the the tenant or supplied by a direct public utility connection
Landlord's responsibility to repair promptly?
*broken and/or burned out light fixtures in common areas (safety threat)
*broken smoke and/or carbon monoxide detectors as required by law (safety threat)
*rodent and/or insect infestations (health threat)
*cracked or peeling paint or plaster (building code violation as well as a possible safety threat in older buildings where lead paint may be present*)
*leaking water of any kind (building code violation and health threat), though dripping faucets which aren't causing structural damage may be exempted
*broken or malfunctioning heat or water heaters
*broken or malfunctioning appliances that were supplied with the unit (this includes appliances like dishwashers and garbage disposals that he isn't required to provide but does)
*broken windows, window locks, doors and door locks
Now some bad news, in many areas you could be held liable for the cost of your renters displacement during the repairs.
Fellow TCI Investors - This is for New York only!
§ 711)
RENEWAL LEASES
Except for rent-regulated apartments, a tenant may only renew the lease with the consent of the landlord. A lease may contain an automatic renewal clause. In such case, the landlord must give the tenant advance notice of the existence of this clause between 15 and 30 days before the tenant is required to notify the landlord of an intention not to renew the lease. (General Obligations Law § 5-905)
The renewal leases for rent stabilized tenants must be on the same terms and conditions as the prior lease and rent increases, if any, are limited by law but may provide for a rent increase according to rates permitted by the Rent Guidelines Board. Rent stabilized tenants may choose either a one-year or a two-year renewal lease. For New York City rent-stabilized tenants, the landlord must give written notice to the tenant of the right to renewal no more than 150 days and not less than 120 days prior to the end of the lease. After the notice of renewal is given, the tenant has 60 days in which to accept. If the tenant does not accept the renewal offer within the prescribed time, the landlord may refuse to renew the lease and seek to evict the tenant through court proceedings.
MONTH-TO-MONTH TENANTS
Tenants who do not have leases and pay rent on a monthly basis are called "month-to-month" tenants. In localities without rent regulations, tenants who stay past the end of a lease are treated as month-to-month tenants if the landlord accepts their rent. (Real Property Law § 232-c)
A month-to-month tenancy outside New York City may be terminated by either party by giving at least one month's notice before the expiration of the term. For example, if the rent is due on the first of each month, the landlord must inform the tenant by September 30th before the October rent is due that he wants the tenant to move out by November 1st. The termination notice need not specify why the landlord seeks possession of the apartment. Such notice does not automatically allow the landlord to evict the tenant. A landlord may raise the rent of a month-to-month tenant with the consent of the tenant. If the tenant does not consent, however, the landlord can terminate the tenancy by giving appropriate notice. (Real Property Law § 232-b)
In New York City, the landlord must serve the tenant with a written termination giving 30 days notice before the expiration of the term. The notice must state that the landlord elects to terminate the tenancy and that refusal to vacate will lead to eviction proceedings. (Real Property Law § 232-a)
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. The warranty of habitability also applies to cooperative apartments, but not to condominiums. Any uninhabitable condition caused by the tenant or persons under his direction or control does not constitute a breach of the warranty of habitability. In such a case, it is the responsibility of the tenant to remedy the condition. (Real Property Law §235-b)
EVICTION
Following appropriate notice, a landlord may bring a summary non-payment court proceeding to evict a tenant who fails to pay the agreed rent when due and to recover outstanding rent. A landlord may also bring a summary holdover eviction proceeding if, for example, a tenant significantly violates a substantial obligation under the lease, such as using the premises for illegal purposes, committing or permitting a nuisance, or staying beyond the lease term without permission. (Real Property Actions Proceedings Law ("RPAPL"
To evict a tenant, a landlord must sue in court and win the case. Only a sheriff, marshal or constable can carry out a court ordered warrant to evict a tenant. (RPAPL §749) A landlord may not take the law into his/her own hands and evict a tenant by use of force or unlawful means. For example, a landlord cannot use threats of violence, remove a tenant's possessions, lock the tenant out of the apartment, or willfully discontinue essential services such as water or heat. (Real Property Law §235) When a tenant is evicted, the landlord may not retain the tenant's personal belongings or furniture.
A tenant who is put out of his/her apartment in a forcible or unlawful manner is entitled to recover triple damages in a legal action against the wrongdoer. Landlords in New York City who use illegal methods to force a tenant to move are also subject to both criminal and civil penalties. Further, the tenant is entitled to be restored to occupancy. (RPAPL §713, §853)