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Understanding Renter Rights in New York City

As a renter, you have a right to live in an environment that is habitable and free of hazards. If this is not the case and you have been injured or become ill due to poor apartment maintenance, our premises liability attorneys may be able to help you.

We will listen to your story and counsel you about your options for getting compensation. We have extensive experience assisting New Yorkers who are treated poorly by landlords.

We want to help you, too. Call 212-490-5700 today to schedule a free, no-risk consultation. Our lawyers work on a contingency fee basis. When you hire us, you pay nothing upfront—you only pay us when we win.

Landlord Responsibilities to Ensure Safety

New York City law says that tenants have the right to live in safe, well-maintained buildings that are free from vermin, leaks, and hazardous conditions. Landlords are responsible for ensuring that individual apartments and common areas are free of dangers.

Landlords Must Ensure Regular Maintenance and Repairs

Landlords should perform regular maintenance on their rental properties. They should keep common areas clean and in good condition, replace burned-out lightbulbs, address elevator malfunctions, and make any repairs as needed.

Landlords should also make timely repairs to appliances, heating systems, and other equipment within tenant units.

Landlords Must Follow Building Codes

Local and state building codes are put in place for a reason: to help keep people safe. Landlords are obligated to follow them.

Buildings are required to have working smoke detectors and carbon monoxide detectors installed. There are also codes addressing proper ventilation, windows in apartments, and more.

If landlords don’t adhere to building codes, they can be held liable.

Landlords Must Address Hazardous Conditions

Landlords should inspect common areas for hazards. When hazards in individual apartments are brought to their attention, landlords must correct them.

If your landlord has not been attentive to safety and you or a loved one were injured, call Hecht, Kleeger & Damashek, Personal Injury Lawyers, P.C. at [IFBYPHONE] to learn how we can help.

Common Hazards Leading to Premises Liability Cases

Some of the common hazards that lead to claims include falls, elevator accidents, and exposure to toxic substances.

Slip and Fall Accidents

Slip and fall accidents at apartment buildings happen in numerous ways. These dangerous accidents can be due to:

  • Spilled liquids in common areas or water leaks in common areas or units
  • Floors that were just mopped with no safety cones or signs to warn
  • Clutter left in common areas halls and walkways
  • Torn carpeting in apartments
  • Poor lighting in common areas and outside individual apartments

When landlords know about such issues, or should know, and don’t correct them, they can be liable for injuries.

Elevator and Staircase Accidents

Mechanical failures and a lack of property maintenance can cause elevator accidents. Types of accidents can include electrical shock from defective wiring, being caught in between doors, falls into shafts, and being trapped inside. Staircase accidents can occur if:

  • Handrails are loose or broken
  • Stairs are broken
  • Stair surfaces are slippery, uneven or covered by worn and torn carpet
  • There is inadequate lighting over stairways

Again, it is up to landlords to correct these problems to prevent accidents and injuries to tenants and visitors to apartment buildings. .

Toxic Substance Exposure

Tenants have the right to be free from exposure to toxic substances. Landlords are responsible for fixing lead paint hazards if there is a child 5-years-old or younger living in the home, or who visits for more than 10 hours a week.

If you have a leak or other issue causing mold in your living space, your landlord is responsible for cleaning the mold and fixing the issue causing it.

Lead, mold, asbestos, and other toxins can lead to lung and breathing problems, cancer, organ damage, and other health issues.

Steps Renters Should Take When Facing Hazards

You should notify your landlord of the hazard. There are steps to take if it is not fixed. They include the following:

Document Issues You Find in Your Apartment

Document your attempts to have the hazard fixed. Keep a file of all communications about the issue you’ve had with your landlord. Also, take photographs and/or video of the problem.

Report Hazards to Authorities

If hazards are not addressed, you can report the issues to authorities. You can report a variety of apartment maintenance complaints by calling 311. Learn more here.

Seek Legal Advice From a Premises Liability Lawyer in NYC

It is also helpful to get legal advice when facing a hazardous condition that is not being fixed. An attorney can assess your specific concerns and provide guidance on what to do next.

How a Personal Injury Lawyer Can Help Renters in New York

There are several ways a personal injury lawyer can help renters with premises liability claims.

They Can Help Investigate Claims

Our attorney will investigate all the intricate facts for your specific case. We will compile the evidence to build a strong case.

Lawyers Can Guide You Through The Legal Processes

Filling out insurance paperwork and communicating with insurers is confusing and stressful.

We will handle all communications and negotiations with insurance companies and their lawyers for you.

We Can Help You Seek the Maximum Compensation

Injuries and illnesses caused by poor living conditions can be ongoing. You may need medical care now and in the future.

You may also be unable to work, further affecting your financial situation. We will assess your total damages and seek maximum compensation for your injuries.   

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Rights Renters Have in NYC FAQs

What are my rights if my landlord refuses to make necessary repairs?

You have the right to file a complaint with city authorities. You may also make repairs yourself, depending on the nature of the problem, and withhold the money you spent from rent. You may also be able to sue your landlord.

However, it is in your interest to speak with an attorney to ensure your situation warrants withholding rent or suing for a rent reduction.

How can I prove my landlord was negligent in a premises liability case?

You must show that they knew of the hazard. Build a file that documents all of your attempts to have the hazard fixed.

This can include written communications to and from your landlord. Make notes documenting when you spoke on the phone or in person with them.

Provide this evidence to your attorney who will further investigate issues and work to prove negligence.

What should I do if I’m injured due to a hazard in my rental property?

Get medical attention for your injuries. Take photos/video of the hazard. Then contact an attorney to advise you about filing a legal claim for compensation.

How long do I have to file a premises liability suit as a renter in NYC?

In most cases, you have three years from the date of injury to file a premises liability suit in New York. There are some exceptions to the deadline that we can explain to you.

Contact Hecht, Kleeger & Damashek, Personal Injury Lawyers, P.C. for Help 

You should not have to fight your New York City landlord to get safe living conditions. And they certainly should not ignore you and allow hazards to exist that lead to injuries.

At Hecht, Kleeger & Damashek, P.C,, our premises liability lawyers fight for the rights of renters. When you have been hurt due to negligence, we will ensure your landlord is held accountable.

Call our firm today at 212-490-5700 or contact us online to arrange a free consultation.

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