Know Your Rights: Landlord-Tenant Law


landlord tenant law
Do you know your state's landlord-tenant laws?
Image: Shutterstock
If you’re renting an apartment or home, though you don’t legally own the property, you are still entitled to rights that protect you from offenses committed by your landlord. Similarly, as a landlord, it is important to know the rights that you have as the property owner. Interestingly, landlord-tenant laws differ from state to state, which means that it is critical to scrupulously examine your lease agreement before signing on, and before accepting rental applications.

According to the Cornell University Law School, “Landlord-tenant law governs the rental of commercial and residential property. It is composed primarily of state statutory and common law. A number of states have based their statutory law on either the Uniform Residential Landlord and Tenant Act (URLTA) or the Model Residential Landlord-Tenant Code,” two federal mandates that many states base their local laws on. Lease agreements can also differ from state to state; in some cases, the lease agreement is acceptable as a verbal agreement, and in others, the lease is subject to change.

One topical example lies in one of New York City’s Manhattan neighborhoods. The Battery Park City Authority, led by local real estate developer Carl Mattone, Governor Andrew Cuomo, and other prominent local leaders, is dealing with the legalities of negotiating amendments for the leases of Battery Park City condominium owners. New York City is home to many condo-ops that have their own internal housing coalitions. In the case of the Battery Park City condominiums, the tenants, organized as a coalition, are seeking to have their leases amended to unsure future stability.

Is changing a lease while renting legally feasible? According to the New York Attorney General’s Tenants’ Rights Guide, “A lease is a contract between a landlord and a tenant which contains the terms and conditions of the rental. It cannot be changed while it is in effect unless both parties agree.” Basically, if the Battery Park City condominium coalition makes a strong enough case for lease amendments, then the Battery Park City Authority might choose to grant these changes. 


Of course, rental laws, and laws protecting both landlords and tenants vary depending on where you live, and are subject to change. New York City has a particularly convoluted string of rules and regulations that vary between different kinds of lease and rent agreements, such as “rent regulated housing” and “rent stabilization.” Whether you are a prospective renter, or a landlord, make sure to research what rights your state has allotted you by visiting your state government website.

Post a Comment

Previous Post Next Post