Hiring a Real Estate Attorney in Mahopac, NY to Solve a Landlord Tenant Dispute.

by | Aug 20, 2015 | Law Services

Tenants have the right to live in a habitable property but, do minor or cosmetic problems count against a landlord? Which repairs are landlords legally obligated to handle and which may be ignored? The answers to these questions and many more can be found in the brief article below.

Which Repairs are a Landlord’s Responsibility?

Even if such a provision isn’t included in a lease or rental agreement, a real estate attorney in Mahopac, NY will tell clients that a landlord is required to keep the premises in a livable condition. Simply put, a landlord must make sure that the building is stable, that the hot and cold water service works, that the roof does not leak, and that the heating, electrical and plumbing systems work.

Which Repairs Does the Landlord not Have to Handle?

Some minor problems aren’t the landlord’s responsibility. Such things as running toilets, dripping faucets, dirty grout and torn screens aren’t the landlord’s job to fix. Even though problems like these may be an annoyance, the landlord isn’t obligated to fix them.

However, if a lease’s terms state that the landlord has to fix all problems, they must do so. Additionally, if a landlord promises a tenant that repairs will be made, they can be held liable.

How to Convince a Landlord to Make Repairs

While a tenant facing an unlivable condition can withhold rent or fix the problem and deduct the expense, a tenant facing a minor issue can get into legal trouble if they take such an approach. Below are some tips to get landlords to make repairs:

  *     Put an agreement in writing. Repairs are handled faster if requests are made in writing.

  *     Mediation. Low-cost or free mediators can contact the landlord and convince him or her to arrive at a fair solution.

  *     Report the landlord. Some minor issues are violations of building codes. In such a situation, the tenant may contact a local authority who can force the landlord to make the fix.

If none of the above approaches have worked, the tenant may have to visit Spain & Spain PC to hire a real estate attorney in Mahopac, NY. The tenant will have to prove that the problem resulted in a property’s value not being equal to the rent paid. If the tenant succeeds, the judge may give them a monetary judgment.

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