Your landlord is responsible for keeping your rental unit, along with the common areas of their property, in good working condition. While certain issues should be reasonably noticeable to your landlord, others may require you to bring it to their attention. Regardless, they must promptly act on it. Or else, they are breaching their duty. Continue reading to learn the legal obligations and liabilities of landlords and how an experienced New York City real estate attorney at Zimmet Law Group, P.C. can help if your landlord breaches their duty of care.
What are the legal obligations and liabilities of landlords?
Generally speaking, landlords are legally obligated to ensure that both their property’s common areas and individual rental units are safe, clean, and well-maintained. This is by the New York City Housing Maintenance Code and New York State Multiple Dwelling Law. More specifically, landlords are liable for the following issues:
- Landlords are responsible for providing and maintaining certain security measures on the premises (i.e., installing a security system, screening potential tenants, securing windows and doors, changing the locks, etc).
- Landlords are responsible for providing and maintaining adequate lighting throughout the premises (i.e., lighting near entranceways, lighting in stairways and hallways, electric lighting fixtures installed in each rental unit, etc).
- Landlords are responsible for providing hot and cold water in each rental unit (i.e., hot water must be provided 365 days per year at a constant minimum temperature of 120 degrees Fahrenheit).
- Landlords are responsible for providing heat in each rental unit (i.e., enough heat so that the temperature of the rental unit may be at least 68 degrees from October 1 to May 1).
- Landlords are responsible for providing any other necessary repairs in each rental unit (i.e., fixing smoke alarms and carbon monoxide detectors, fixing window and door screens, fixing issues with plumbing, etc).
What should I do if my landlord breaches their duty of care?
As the legal tenant of a rental unit who makes their monthly rent payments on time, your landlord legally owes you a duty of care. So if your landlord ultimately breached their duty of care by failing to upkeep their property, then you may enter a landlord-tenant dispute.
For this, you must prove that you gave your landlord an official notice about a necessary repair. Such proof may consist of a copy of the certified mail you sent your landlord, along with photos of the hazards in question, among other things. Further, you must prove that your landlord failed to make this necessary repair within an adequate timeframe; and that your health and safety were threatened as a result.
You must not forget to retain legal representation for this matter. So please consider contacting a skilled New York City real estate attorney. Our team at Zimmet Law Group, P.C. is ready and willing to assist you.
