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In New York, landlords are generally responsible for maintaining the habitability of rental properties. This includes repairs related to plumbing, heating, and structural integrity. If you experience damage that affects your living conditions, use the New York Notice to Lessee of Lessor of Damage to Premises to inform your landlord of necessary repairs. If they fail to act, tenants may have legal recourse to enforce these obligations.
Landlords in New York are now required by law to "mitigate damages." That means that they have to make an effort to re-rent your apartment if you leave earlyand if they find a replacement tenant, you're off the hook for any remaining rent going forward.
A landlord is entitled to possession of his property at the end of the term in the same condition as when he gave possession to his tenant, except that fair wear and tear is expected and must not be penalised. Damage to the property, such as broken windows, is the responsibility of the tenant to make good.
What are the responsibilities of my landlord? Owners must ensure that buildings are safe, clean and well maintained, in both common areas and in individual apartments. Among other responsibilities, owners must provide and maintain security measures, heat, hot and cold water, and good lighting.
Normal wear and tear is the expected decline in the condition of a property due to normal everyday use. It is deterioration that occurs in the course of living in a property. It is not caused by abuse or neglect. Examples of normal wear and tear might include: A couple of small stains on a carpet.
Whether any damage is caused inside or outside the property, the landlord should have buildings and contents insurance to cover it. If the insurer will not pay for the remedial repairs, ultimately it is still the landlord's responsibility to pay, unless it can be proven that the damage is caused by the tenant.
Your landlord is always responsible for repairs to: the property's structure and exterior. basins, sinks, baths and other sanitary fittings including pipes and drains. heating and hot water.
Normal Wear and Tear vs Damaged PaintPeeling paint, sun damage or a small number of scuffs are considered normal wear and tear and the landlord should touch them up between tenants.
Normal wear and tear is light damage that occurs over time and doesn't affect the use of the home or appliances; it's just not aesthetically pleasing. Other examples of normal wear and tear are light scratches on wood floors, wear spots on carpet (but not stains), and loose railings or banisters.
This means that should any accidental damage occur to the walls, floors, ceilings, roof, windows, doors and any other structural parts of the property, the landlord is the one liable for the damage and must pay for any repairs to be carried out as soon as possible.