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As a tenant, it is always important to know your rights and
what to do when renting an apartment. |
In New York City, there are mainly two kinds of rentals: regulated
and unregulated. Buildings with more than five housing units are
regulated. Those with less than five units are unregulated. Regulated
housing rentals come under the Rent Control and Rent Regulations,
where annual increases in rent are regulated. Unregulated rentals
are generally one- or two-family homes where there are no controls
for rent increases, and often no regulations. But as a tenant,
it is always important to know your rights and what to do when
renting an apartment.
Know your rights when you rent a house or apartment.
1. Bring your paperwork.
The best way to win over a prospective landlord is to be prepared.
Bringing the following information when you meet prospective
landlords will give you a competitive edge over other applicants:
- A completed rental application.
- Copies of written references from landlords, employers,
friends and colleagues. You can also bring the original letter,
but always keep these for future use and only distribute copies.
- A copy of your current credit report. You can order your
credit report by mail, phone or directly from the Web sites
of the three major national credit bureaus:
2. Review the lease.
Please read carefully all the conditions of the lease before
you sign. Your lease may include potential provisions that you
do not agree with. For example: restrictions on guests, pets,
design alterations, or running a home business.
3. Get everything in writing.
To avoid disputes or misunderstandings with your landlord,
get everything in writing. Include dates on all documents. Keep
copies of any correspondence. Follow up an oral agreement with
a letter, setting out your understanding. For example, if you
ask your landlord to make repairs put your request in writing
and keep a copy for yourself. If the landlord agrees orally,
send a letter confirming this.
4. Protect your privacy rights.
Next to disputes over rent or security deposits, one of the
most common and emotion-filled misunderstandings arises over
the tension between a landlord's right to enter a rental unit
and a tenant's right to be left alone. If you understand your
privacy rights (for example, the amount of notice your landlord
must provide before entering), it will be easier to protect
them.
5. Demand repairs.
Know your rights to live in a habitable rental unit ಋ–
and don't give these rights up. The vast majority of landlords
are required to offer their tenants livable premises, including
adequate weatherproofing; heat, water, and electricity; and
clean, sanitary, and structurally safe premises. If your rental
unit is not kept in good repair, you have a number of options,
ranging from withholding a portion of the rent, to paying for
repairs and deducting the cost from your rent, to calling the
building inspector (who may order the landlord to make repairs),
to moving out without liability for your future rent. For more
information, contact CHHAYA CDC (347) 438-0056.
6. Talk to your landlord.
Keep communication open with your landlord. If there's a problem
– for example, if the landlord is slow to make repairs
– talk it over to see if the issue can be resolved short
of a nasty legal battle.
7. Purchase renters' insurance.
Your landlord's insurance policy will not cover your losses
due to theft or damage. Renters' insurance also includes liability
insurance, which covers you if you're sued by someone who claims
to have been injured in your rental due to your carelessness.
Renters' insurance typically costs $350 a year for a $50,000
policy that covers loss due to theft or damage caused by other
people, or natural disasters. If you don't need that much coverage,
there are cheaper policies.
8. Protect your security deposit.
To protect yourself and avoid any misunderstandings, make sure
your lease or rental agreement is clear on the use and refund
of security deposits, including allowable deductions. When you
move in, do a walk-through with the landlord to record existing
damage to the premises on a move-in statement or checklist.
If possible, during this visit, take photographs documenting
the condition of each room.
9. Protect your safety.
Learn whether your building and neighborhood are safe, and
what you can expect your landlord to do about it if they aren't.
Get copies of any state or local laws that require safety devices
such as deadbolts and window locks. Check out the property's
vulnerability to intrusion by a criminal, and learn whether
criminal incidents have already occurred on the property or
nearby. If a crime is highly likely, your landlord may be obligated
to take some steps to protect you.
10. Deal with an eviction properly.
Know when to fight an eviction notice – and when to move.
If you feel the landlord is clearly is the wrong (for example,
you haven't received proper notice, the premises are uninhabitable),
you may want to fight the eviction. But unless you have the law
and provable facts on your side, fighting an eviction notice can
be short-sighted. If you lose an eviction lawsuit, you may end
up hundreds (even thousands) of dollars in debt, which will damage
your credit rating and your ability to easily rent from future
landlords.
This article was compiled with information from NOLO Law for All,
(www.nolo.com).
