When it comes to renting a home or investing in property as a landlord, there are many things to keep in mind. From understanding your rights and responsibilities as a tenant to being prepared for potential pitfalls as a landlord. As such, it’s important to understand the ins and outs of tenant-landlord law so you don’t end up in any legal trouble as an owner of rental property. In this article, the experienced attorneys from the boutique Real Estate law firm Balsamo, Rosenblatt & Hall, P.C., provide insights into some of the most common issues landlords may face when renting out properties or investing in real estate as a landlord.
What you need to know about landlord and tenant law
There are many laws governing landlord and tenant relationships in the United States. While regulations may be similar between the countries, they are also often affected by local customs and laws. For this reason, it’s important to seek out local legal advice and guidance. Landlord and tenant law is often referred to as “determining the facts of the case” and the process for doing so is known as “law and fact”. The law is determined by written and oral laws, precedents, and case law. Facts, however, are determined by evidence and are supposed to be based on facts. The laws and regulations relevant to landlord and tenant relationships are often extensive and sometimes difficult to understand. Fortunately, there is a way to simplify things and understand them more fully.
For over 25 years, clients have relied on Balsamo & Rosenblatt’s expertise to represent and resolve their legal issues. Balsamo & Rosenblatt have a comprehensive understanding of commercial and residential Landlord/Tenant issues, such as non-payment and holdover proceedings, based on such grounds as owner occupancy, non-primary residence, illegal subletting and breach of lease.
Landlord’s responsibilities
A landlord is responsible for:
- repairs to the structure and exterior of the property, heating and hot water systems, basins, sinks, baths and other sanitary ware
- the safety of gas and electrical appliances
- the fire safety of furniture and furnishings provided under the tenancy
- ensuring that the property is fit for habitation
- repairing and keeping in working order the room and water heating equipment
- the common areas in multi-occupancy dwellings
The landlord is entitled to go into the property to inspect and carry out repairs.
Tenant’s responsibilities
A tenant is responsible for:
- paying the rent
- bills for gas, electricity and telephone if this was agreed with the landlord
- keeping the property in a reasonable state of cleanliness and decoration
- making sure that you, members of your household or your visitors do not harass, cause nuisance or annoyance to the occupiers of any neighbouring or adjoining premises
How to find a great real estate attorney for landlord and tenant law advice
Finding a great real estate attorney to help with landlord and tenant issues is a crucial step toward protecting your investments and avoiding legal trouble. There are, of course, many real estate lawyers out there, but you need to find the right one for you.
To do that, Balsamo & Rosenblatt suggest considering the following questions when searching for a real estate attorney:
– What are your strengths as a client? What kind of things does your attorney do for their clients that you want to emulate?
– What kind of experience does your real estate lawyer have with landlord and tenant law issues? – What is the cost for a lawyer and what are the costs for a consultation? How long is the consultation and how much do you get done in that time?
– What is the level of communication between your lawyer and you? How much do you need to know and how much do you want to know?
– Is there a specific law or area of law your real estate lawyer specializes in?
– Does your real estate lawyer have any affiliations or associations with other reputable law firms and lawyers?
– Is there someone in your law firm that can help with your landlord and tenant law issues?
– Does your real estate lawyer have any social media (e.g. Twitter, Instagram, Facebook) that can help you learn about them and their practice?
Conclusion
Getting things right and not making costly mistakes are crucial to the success and profitability of your landlord business. The best way to do this is to seek professional advice. In the case of legal issues, you should seek legal advice from an experienced and qualified attorney. So let Balsamo & Rosenblatt advocate on your behalf.
Whether you are managing your first property, facing a lawsuit from a tenant, or issuing your first eviction, Balsamo & Rosenblatt is ready to provide you with experienced and knowledgeable counsel. The skilled attorneys advise and represent landlords and tenants in all matters relating to the leasing of residential and commercial properties in New York City.