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| 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.
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