Can A Landlord Tell You How Clean To Keep Your House?

Can A Landlord Tell You How Clean To Keep Your House
The answer to this inquiry is affirmative. Your landlords might instruct you on how to keep your home tidy. The response may also rely on the particulars of the situation. In brief, landlords cannot technically compel tenants to clean their homes, although in some situations they can impose repercussions for failure to do so.

The Responsible Landlord Some landlords may not adequately maintain the homes they own. They let public areas to fall into disrepair or fail to enforce laws intended to maintain the property’s safety and comfort. Other landlords appear too interested. They are not just rule-followers, but also excessively intrusive and concerned with your personal affairs.

Tenant-landlord relationships may become tense; after all, one party’s residence is the other party’s property, and each side feels entitled to impose control over the rented unit. Local landlord-tenant legislation differs from region to region. To acquire a specific legal answer as to what your landlord may do, you will need to examine the local laws or consult with a local attorney that specializes in tenant rights.

Should landlords clean between renters in New York City?

Final Words – In order to make the entire discussion easy and complete, we must assign responsibility to the landlord. When a tenant vacates a property, the landlord is obligated to carefully check and inspect the property. Ensure that any necessary repairs are completed prior to the lease’s expiration, or take the costs from the tenant’s security deposit.

If, for whatever reason, the landlord fails to do so and the home is determined to have structural or functional flaws or a bad sanitary environment, the landlord is obligated to take responsibility and correct the problems. Now you have a thorough understanding of the issue at hand. Sincerity requires that we accept and fulfill our obligations with good intentions.

Also see: Apartment Furniture Cleaning Guidelines Best Advice To Maintain A Healthy And Clean Home Why A Weekly Cleaning Schedule Is Necessary In 2022 And How To Create One

Be wary of unfair cleaning provisions; the tenant must clean the home to a professional quality. This is only reasonable if the property was professionally cleaned before you moved in. Tenant is responsible for cleaning costs. This is unfair and cannot be implemented. These fees are currently prohibited.

What is moderately clean and orderly?

According to Stewart Benson, the following is a summary of Tenancy Tribunal Hearing outcomes: A landlord must maintain the premises in a reasonably clean condition. Reasonably clean refers to a level of cleanliness that an average, reasonable observer would deem clean.

Generally, an object or surface is regarded sufficiently clean if it is devoid of markings, filth, cobwebs, stains, and dust, and cannot be further cleaned to a decent degree (for instance, washing down a tabletop again does not result in a greater grade of cleanliness).

What are the responsibilities of NYC landlords?

Tenants in New York City have several rights regarding the safety and quality of their residence. Tenants can expect to reside in secure, well-maintained structures devoid of pests, leaks, and hazardous circumstances. The law protects renters against discrimination and harassment.

Tenants have obligations to building owners and other tenants, such as preventing damage to the property and responding to yearly owner questions regarding window guards, lead-based paint, and the maintenance of smoke and carbon monoxide detectors. Free legal aid is given to residential tenants in New York City.

Please phone 311 and ask for the “Tenant Helpline” or visit the Mayor’s Office to Protect Tenants’ Information and Resources for NYC Tenants to receive these services. Impacted by COVID-19 page or their Contact Us form. Recently enacted changes to New York State’s rent regulations make it more difficult for landlords to remove any renter.

Additionally, the new rent regulations bolstered safeguards for New Yorkers residing in rent-controlled or rent-stabilized units. The New York State Division of Housing and Community Renewal enforces these statutes (DHCR). DHCR is the State agency tasked with constructing, preserving, and protecting affordable housing and increasing home ownership in New York State.

As of June 14, 2019, there are new legislation in New York State safeguarding renters. Unless amended, repealed, or terminated by the legislature, the new rent laws are permanent. The NYC Mayor’s Office to Protect Tenants can provide further information on the new tenant protection legislation.

The A-B-Cs of Housing is the HPD’s handbook on housing regulations for owners and renters.
Both landlords and renters have legal obligations to one another.
HPD is one of the local and state entities charged with enforcing these obligations.
The purpose of this pamphlet is to help property owners and renters understand the rules and regulations governing housing, and to give information on how to acquire assistance.

The handbook contains information regarding owners’ and renters’ rights and duties, safe apartment living, resources for new affordable housing or rental aid, and contact information for various housing-related issues. Click or press enter on a subject to view its answer.

What duties do I have as a tenant? Tenants must abide by the terms of the law and are liable for infractions committed by intentional conduct, gross carelessness, or mistreatment. In addition, unreasonable refusal to grant entry to the flat for the purpose of making repairs or upgrades needed by the Housing Maintenance Code and Multiple Dwelling Law might be grounds for initiating eviction proceedings.

Tenants must also reply to legally necessary notices from landlords, such as those involving lead-based paint and window guards. What duties does my landlord have? Owners must guarantee that both communal facilities and private units are safe, clean, and well-maintained.

Owners must offer and maintain security measures, heat, hot and cold water, and enough lighting, among other obligations.
The owner must register the property yearly with HPD, register the rentals annually with New York State Homes and Community Renewal if the building is rent-stabilized, and comply with the New York City Housing Maintenance Code and the New York State Multiple Dwelling Law.

My landlord refuses to perform apartment repairs. What should I do? If you are a tenant in a privately-owned building, there are numerous things you may do to convince your landlord to perform repairs. However, in order to maintain a record, you may wish to take the following steps:

Regarding the repairs, contact the property owner, managing agent, or building superintendent.
If the property owner, managing agent, or superintendent does not react, write a letter describing the apartment’s issues and requesting repairs by a specified date. Certified mail should be used to send the letter to the owner and management business, and you should preserve a duplicate for your records. If you do not have the owner or managing agent’s address, you can find it on HPD’s website, since the owner is obligated to provide this information yearly.
If you do not receive a response to your letter, you should attempt to speak with the owner in person or by telephone. Inform him that if the repairs are not finished, you will submit a formal complaint. This will be essential in court, so keep track of your attempts to convince the landlord to make repairs.

You may make a complaint if the owner does not react or fails to offer vital services. You may also file a case in Housing Court against the property owner to get an order to rectify the circumstances. This situation is known as an HP Action. Tenants or groups of tenants may file HP proceedings against landlords to compel them to perform repairs and supply basic services, such as heat and hot water.

The failure of a landlord to perform a repair or supply an essential service may constitute a violation of the Housing Maintenance Code or the Multiple Dwelling Law of New York City. A judge can order the landlord to fix the problems in an HP case. If you wish to initiate an HP action against your landlord, you must visit the Clerk’s Office of the Housing Court.

You do not need an attorney to file an HP claim. In addition to filing a complaint with HPD or in Housing Court, residents in rent-controlled or rent-stabilized units may submit a complaint with the New York State Division of Housing and Community Renewal (DHCR).

Call 718-739-6400 for details.
If a tenant’s concerns are legitimate, the DHCR may penalize building owners by reducing their rent.
Call 212-491-4229 or 311 for help if you are a tenant in an HPD-owned building and have a maintenance issue regarding your unit.
Tenants with New York City Housing Authority (NYCHA) unit maintenance problems may contact the NYCHA Customer Contact Center at 718-707-7771.

In my unit, neither heat nor hot water are available. What should I do? Tenants without heat or hot water could make a complaint at nyc.gov/311 or by contacting 311 (TTY 212-504-4115). The time between October 1 and May 31 is classified as “Heat Season,” during which heating is essential.

When the outside temperature falls below 55 degrees Fahrenheit between 6 a.m. and 10 p.m., building owners are required to heat units to at least 68 degrees. HPD may only issue violations when the outdoor temperature is below 55 degrees Fahrenheit and the owner fails to provide enough heat.
Regardless of the outside temperature, building owners must heat flats to at least 62 degrees between 10pm and 6am.
Building owners must also provide renters with hot water at a minimum constant temperature of 120 degrees Fahrenheit, 24 hours a day, 365 days a year.

My flat has flaking paint, and I have a child under the age of six. How can I determine whether there is lead-based paint and what should my landlord do? Tenants should notify the landlord about flaking paint in an apartment. Tenants should dial 311 if the landlord fails to repair peeling paint or if work is being performed in a dangerous way (such as without dust containment).

Tenants may also dial 311 for information on how to prevent lead poisoning, where to have their children checked, pregnancy and lead information, or to obtain pamphlets and other materials on lead poisoning prevention. Can I request that my landlord install window guards? If renters or occupiers desire window guards for any reason, the landlord must install them, even if there are no children under 10 years old residing in the unit.

The request must be made in writing. For instance, residents with visiting grandkids, parents who split custody, or those who offer child care may request window guards. Tenants must contact 311 if needed or requested window guards have not been installed, if they look unsecure or incorrectly put, or if there is more than 4.5 inches of unguarded window area.

Am I permitted to paint my apartment? Yes, every three years the landlord must repaint inhabited apartments in multifamily homes (buildings with three or more units). (NYC Administrative Code §27-2013). Tenant-occupied flats in private residences must also be painted as needed. What are the guidelines for living in cellars and basements? Basements and cellars are vastly distinct areas with distinct legal functions.

A basement is a level of a building that is partially below curb level but has at least half its height above curb level. A basement is a subterranean enclosed space with more than half of its height below street level. Basements and cellars of numerous residences may not be occupied until the basic standards for light, ventilation, sanitation, and egress have been met and approval has been granted by the city’s Department of Buildings.

Cellars in single-family and two-family homes may never be rented or inhabited legally for residential purposes.
Basements in single-family and two-family homes may NEVER be rented or utilized for residential purposes without the consent of the Department of Buildings.
The owners of unlawfully converted cellars and basements may be subject to civil and criminal sanctions.

Illegal basement and cellar apartments expose occupants to possible risks such as carbon monoxide poisoning, poor lighting and ventilation, and inadequate fire escape routes. The City may require occupants of unlawful basement and cellar flats to quit or leave such apartments.

Complaints about unlawful cellars or basements should be submitted to 311, which will transmit the information to the New York City Department of Buildings (DOB).
Please go to the DOB’s website at nyc.gov/buildings for further information.
My landlord has access to my unit at any time.
In general, no.
In some circumstances, a landlord may enter a tenant’s residence.

Your landlord has the right to enter your unit at any time and without notice in the event of an emergency, and at a reasonable time after providing proper notice if the entrance is:

To perform repairs or services that are required or agreed upon, or
Consistent with the lease, or
To demonstrate the residence to potential renters or buyers
and

My landlord has changed my apartment’s locks. The landlord may replace my locks, correct? The Unlawful Eviction Law (NYC Administrative Code 26-521) prohibits changing the locks on a tenant’s unit without providing the resident with a key if the landlord does not have a notice of eviction or if the resident is:

A occupant of a rent-stabilized hotel room who has submitted a lease request
and
A lessee or sublessee who has a lease,
A tenant who has legally resided in the unit for over thirty days (with or without the lease),
A subtenant, roommate, or family who has occupied the residence for a minimum of thirty days (even if the person is not on the lease and has not made any direct payments to the landlord).

You can go to the local police station to report being unlawfully shut out. You may also file a “illegal lock out case” with the Housing Court (Real Property Actions and Proceedings Law 853). Contact Legal Aid or Legal Services before coming to court to determine if you qualify for free legal assistance.

If you are ineligible, you may choose to hire a private attorney to help you initiate the case. Even if you do not have a counsel, you can still go to Housing Court and speak with the Clerk about filing an illegal lock out complaint. When you appear in court, you should bring any documents or other evidence showing you are a resident of your apartment or building.

If you feel or suspect that you may be locked out of your apartment, you should be prepared to provide proof that you are the authorized resident. Consequently, you may choose to leave copies of any documents that demonstrate your occupancy with a friend or family who does not reside in the flat.

A rental,
Rent receipts,
Utility invoices and other bills related to your unit that are addressed to you (telephone, cable, etc.),
Mail addressed to you or papers issued to you at your residence (letters, voter registration card, driver’s license, etc.) are delivered to your flat.
Any documentation of harassment or confrontation with the landlord in the past.

If you, the tenant, change your locks, the law requires you to give the landlord a duplicate of the key(s). My landlord increased my monthly rent. I believe it to be excessively expensive. What should I do? If your unit is subject to rent control or rent stabilization, the Department of Housing and Urban Development (DHCR) and the Rent Guidelines Board (Rent Guidelines Board) set the maximum amount your landlord may increase your rent.

If you do not know the status of your apartment, you can contact DHCR at 718-739-6400 or view the rental history for your unit.
DHCR can also provide information on whether the increase is excessive.
If your flat is not controlled by DHCR, your rent is not regulated.
If you have a lease, the legal rent is specified in the lease and can only be increased as authorized by the lease or at the lease’s expiration.

If you do not have a contract, the landlord may increase your rent to any amount he or she chooses, so long as you are notified one month in advance. If you did not get legally sufficient notice of the increase, the landlord may evict you if you do not pay the increase.

If you reside in public or subsidized housing, rent hikes are often governed by the housing’s standards and are proportional to your family’s income. Should I receive my security deposit back? Yes, you are entitled to receive your security deposit returned with interest at the conclusion of your lease.

Before returning your security deposit, the landlord may inspect your flat for any damage you may have committed. If you did not cause any damage to the unit beyond regular wear and tear, the landlord should restore your whole security deposit plus interest.

If you caused damage to the flat, the landlord must give you with an itemized statement detailing the reason for any money retained and the balance of the remaining security deposit within fourteen days of your departure.
If the landlord fails to comply, he or she forfeits any claim to the security deposit.

The landlord must also inform you in writing of your right to seek an apartment inspection prior to your departure and your right to be present for the inspection. After the inspection, you must get an itemized statement detailing the suggested repairs and cleaning, as well as the justification for the deduction from the security deposit.

You can then remedy any defects prior to the expiration of your lease.
What should I do if the owner of my building is pestering me? The legislation prohibits building owners from pressuring residents to evict them from their units.
Examples of harassment include verbal or physical assault, the repeated denial of services, and physical or mental intimidation that persists over time.

Tenants in buildings with three or more units who think they are being harassed have the right to file a claim in Housing Court against their building owners, regardless of whether their rent is controlled. Before filing a case, tenants may choose to speak with and retain the services of an attorney.

Tenants who cannot afford legal counsel may be entitled for free or low-cost representation. Visit NYC Fair Housing for further information. Can the owner of a building discriminate against me? The legislation prohibits landlords from discriminating against potential renters on the basis of their race, color, religion, nationality, gender, sexual orientation, age, marital status, handicap, immigration status, source of income, or lawful vocation.

In addition, tenants cannot be denied housing because they have or will have children living with them. Visit NYC Fair Housing for further information. Can I bring my pet to my apartment? Unless the pet qualifies as a “service animal” used by blind, deaf, or handicapped individuals, the building owner has the choice to allow pets, and this is typically mentioned in the lease.

If a tenant maintains a pet in the flat without the building owner’s consent, it might be deemed a major lease violation and could be grounds for eviction.
In addition, many animals cannot be lawfully kept as pets in New York City.
Call 311 for additional information on pet rules.
This website’s content is designed solely for informative purposes and does not constitute legal advice or opinion.

This website’s material may not reflect recent legal developments. Due to the ongoing evolution of the law and the fact that the law varies based on individual facts and situations, comments on this website regarding the status of a particular legislation or legal problem may no longer be accurate or appropriate to your specific case.