Tenant Rights Responsibilities - University of Rochester

Tenant Rights

&

Responsibilities

75 College Ave 4th Floor

Rochester, NY 14607

INTRODUCTION The purpose of this booklet is to inform tenants of their rights and responsibilities when they enter a

rental agreement with a landlord. The rights the responsibilities covered are based on state and federal laws as well as state and local codes.

It is advantageous for all tenants to gain an understanding of their rights and responsibilities. This will help prevent disputes and misunderstandings with a landlord, as well as give tenants direction on how to solve problems and enforce their rights. Landlords and tenants should reach a mutual understanding of their various rights and responsibilities. With any type of problem or dispute, the first step should be direct communication between the landlord and tenant. Keeping the lines of communication open will prevent many problems from occurring.

The Housing Council staff is available to answer questions you may have concerning tenant-landlord issues and problems. Our hotline is open for calls weekdays from Monday thru Friday, 10:00 a.m. to 2:00 p.m. The hotline does not settle disputes. Emphasis is on individual counseling, stressing problem-solving techniques. Hotline counselors are not attorneys and do not give legal advice. Certain problems or questions may require consulting with an attorney.

Special Note: The information discussed generally applies to all rental housing, however, government subsidized complexes have special regulations. Tenants who live in these complexes have additional rights not covered in this booklet. The Housing Council provides brochures on tenants' rights in subsidized housing. Call our office at (585) 546-3700 for copies.

LEASES AND RENTAL AGREEMENTS A rental agreement with a landlord is a contract. It can be written or verbal. A written contract is

referred to as a lease. A verbal contract is either a month-to-month or week-to-week tenancy. All are legally binding to both parties.

The Lease A lease is a contract for a term. That is, a set period of time, for example, one year. It will have a

beginning and an ending date usually stated in the first paragraph. The amount of rent is also usually stated in the first paragraph. Unless the lease has an "escalator clause" giving the landlord the right to raise the rent during the term, the amount of rent listed will be the rent for the term of the lease.

If you are going to rent an apartment with a lease, be sure that you can live there for the amount of time that the lease requires. If you break a lease, you can be sued in court for breach of contract.

Before signing a lease read it carefully. If you do not understand parts of it, ask the landlord to review it with you. The Housing Council hotline staff can also review a lease with you.

Be sure to obtain a copy of the lease. If you sign a lease but do not have a copy, it is still a contract and you are bound by the terms. When you sign a lease with a landlord, make sure that two copies are present and that you witness each other's signatures on both copies.

Leases are regulated by law. New York State's Plain Language Law requires landlords to use wording that is simple and understandable. The intent of any lease clause must be easily understood in the wording. The Law also defines certain lease clauses as illegal; waiver of a landlords duties to make normal repairs, waiver of a tenant's right to privacy or a court eviction, waiver of tenant's right to sublet, restrictions on child-bearing or acquiring, etc. The Court can nullify lease clauses that are illegal, although this would not necessarily nullify the entire lease. Any additions or deletions to a lease once it is signed by both parties and in effect must be mutually agreed upon by both parties, otherwise such changes cannot be made.

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Subletting and Breaking a Lease: If you have to move out of an apartment before your lease expires, one way to limit your liability is to

sublet the apartment. If you live in a building, which has four or more residential rental units, New York State law gives you the right to sublet. In a building with less than four units a landlord does not have to allow a sublet.

Subletting an apartment means that you find someone to take your place. Landlords have a right to screen any family or individual you propose as they would any other applicant. If the family or individual is acceptable, then the sublet can be completed. You still remain liable under the lease, as does the "subtenant" who is taking your place.

If you are considering subletting an apartment and need to advertise for a subtenant, The Housing Council's Rental Registry can advertise the apartment for you. Please call for information.

An alternative to subletting is a lease assignment. Under a lease assignment you find someone to take your place. If that party is acceptable to the landlord, you can request that the lease be assigned to them and that you be released from all liability under the contract. However, the landlord does not have a legal obligation to grant you a lease assignment. You can be held to subletting.

Special Note: Subletting an apartment is illegal in all government-subsidized complexes. Another way to get out of a lease is a buyout. You can offer to forfeit your security deposit if the

landlord will give you a written release from the contract. However, the landlord may ask for a larger buyout than just the deposit.

Always read a lease carefully and see if it says anything about early termination. It may have clauses, which set conditions for ending it early (such as forfeiting the security deposit, relocating due to a job transfer, or giving notice, such as sixty days). If you meet certain conditions and the landlord is willing to let you out of the lease, make sure to get a written statement from the landlord stating that you are released from the contract.

If your lease sets no conditions for early termination then it is strictly a negotiable issue (whatever can be worked out with the landlord). If you break a lease without the landlord's consent the landlord could sue you in Small Claims Court for losses, lost rent during the time you move out and a new tenant moves in, advertising costs to find a new tenant etc. If a landlord is not willing to negotiate and let you out of a lease, you may want to consider subletting.

The only direct way out of a lease would be if there were severe code violations in your apartment. At this point, you would need to consult an attorney as to if your lease is valid and show proof of severe repair problems. (See section on Repairs and Maintenance for more information).

Senior Citizen Termination of Leases: Under New York State Real Property Law 227-a, senior citizens 62 and older can terminate a lease if

they are accepted into: 1) an adult care facility; 2) a residential health care facility; 3) subsidized low income housing; 4) other senior housing; 5) move into the residence of a relative or family member if certified by a physician as no longer able to live independently.

A senior tenant must give a thirty (30) day written notice corresponding to a rent due date, of their intention to terminate. The notice must be accompanied by documentation of acceptance into one of the abovementioned facilities.

A senior citizen moving into a family's residence, in addition to providing a doctor's note, must also provide the landlord with a notarized letter from the family member that he/she is related and will be moving into their residence for at least six (6) months.

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Military Termination of a Lease:

If a tenant is on active duty with the military is transferred out of the area, they may terminate a private market lease with a sixty (60) day notice corresponding to the rent due date.

Lease Renewal and Non-Renewal:

A landlord is under no legal obligation to renew a private market lease. The only exceptions to this are situations involving retaliation and discrimination (see sections on Repairs & Maintenance and Discrimination for detailed information). Otherwise, a landlord can refuse to renew a lease and not give a reason.

A landlord and tenant are required to give notice of renewal or non-renewal as specified in the lease. The law of giving a one-month's notice applies to a "no lease" tenancy only. Always read a lease carefully to find the notice clause. Usually it will either be a one or two-month's notice corresponding to the day the lease ends.

Month-to-Month Tenancy Termination or Changes to Verbal Agreements:

A "no lease" tenancy is sometimes referred to as an oral, verbal, or periodic agreement. It is often a month-to-month or week-to-week rental agreement. (It will almost always be a month-to-month arrangement.)

A month-to-month tenancy is based on proper notice. With proper notice, either the landlord or tenant can end the agreement. Under New York State Real Property Law 232-b, proper notice is a one-month notice, corresponding to the rent due date. For example if the first of the month is the rent due date, notice to end the agreement can be given before September 1st, effective October 1st, by either the landlord or tenant. No reason for terminating the agreement needs to be given.

Proper notice must also be given if a landlord wants to raise the rent or alter certain terms of the agreement. There are no rent control laws in this part of New York State, however all rent increases require the proper notice described above.

Other Written Agreements: A month-to-month tenancy can be in writing. A landlord can have a list of provisions that both parties

sign. Also, there can be a month-to-month lease (a document which is similar to a long-term lease but has a clause in it allowing for termination with a one-month notice).

Special Note: Federal, state and local codes apply to all rental agreements written or verbal.

A Final Word on Rental Agreements:

All rental agreements, written or verbal, are binding once entered by a tenant and landlord. There is no grace period to withdraw. If you agree to rent an apartment and change your mind, the landlord can hold you liable for their losses, which can include losing a security deposit. Before entering into a rental agreement make sure you can be committed to the time specified in such agreement.

REPAIRS AND MAINTENANCE

Under New York State Real Property Law 235-b, landlords have a duty to make all repairs that are not a result of damage or negligence by tenants, their family members or their guests. Landlords are required to keep rental units free of life, health and safety hazards (Warranty of Habitability).

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This law is enforced through state and local property codes. If you live in an apartment that has repair needs we suggest taking the following steps:

1. Always put your request for repairs in writing to the landlord. Sign and date the letter and make a photocopy for your records.

2. If your landlord does not make the repairs you quested in what you consider to be a reasonable amount of time you have a right to call a building inspector. For property located in the City of Rochester, the number is (585) 428-6520. They will give you the number for the NET Office closes to your rental.

3. A building inspector will look at the problems and note code violations. The landlord will be sent a "Notice and Order" which will list the code violations and a time frame for repair.

4. If you are on public assistance be sure to let the inspector know. The Department of Human and Health Services (DHHS) will be notified of the repair problems. In cases where the code violations are serious (life, health or safety hazards), if your rent is paid by voucher, DHHS may withhold the rent from the landlord until such repairs are made.

5. If you are not on public assistance the rent should never be withheld unless you have been advised by an attorney to do so. Any legal advice to withhold rent would have to be based on severe code violations.

Special Note: State law protects tenants from retaliation by a landlord for exercising their right to contact a building inspector, health inspector or any government code enforcement officer. A landlord may not serve a notice to move on a tenant or commence an eviction proceeding within six months of the date of an inspector's report of code violations. It is also illegal for a landlord to substantially alter the terms of a tenancy in retaliation, including raising the rent with the intention to retaliate. Tenants, however, must continue to pay rent unless legally advised to withhold it and abide by the terms of the rental agreement. The law protecting tenants from retaliation also applies to situations where tenant started or joined tenants' union or organization.

If you feel that you have been retaliated against for exercising the above-mentioned rights, call The Housing Council hotline at 546-3700.

Constructive Eviction: If severe code violations exist such as serious heating, plumbing or electrical problems, severe fire or

health hazards or lack of basic services in the dwelling, a tenant can terminate their rental agreement even if there is a written lease. This is sometimes referred to as "constructive eviction". This step should never by taken without first getting legal advice from an attorney and having documented proof of serious code violations (a building inspector's Notice and Order).

Repair and Deduct: With this remedy, tenants who have repeatedly asked for repairs in writing over a long period of time

take steps to have the repairs made. Receipts of the exact cost of repairs are saved and this cost is deducted from the rent. If you decide to "repair and deduct" it is wise to inform your landlord before doing so. Just a word of caution, there is no "repair and deduct" law in New York State. Your right to make repairs and deduct the cost from rent is not guaranteed by law. Therefore, you need to show that you made repeated written requests to the landlord for repairs and also had a building inspector cite code violations, which did not result in the repairs being made.

If you repair and deduct, you take the risk of a landlord suing for the rent deducted or taking it out of your security deposit when you move. If your actions result in a court dispute, the court would then decide if your action was justified. Before trying this approach it is advisable to consult with an attorney.

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