How Can Your Lease Agreement Protect You?

Tenants often see their lease as somewhat one-sided, intended to protect landlords and ensure they receive their rent. However, every lease is mutually binding, and most offer legal protections for tenants who get into a dispute with their landlord. But how exactly can your lease agreement protect you, and what should you do if your landlord violates your lease?

What is Your Lease Agreement?

Your lease agreement is the formal contract you sign when you rent an apartment from a building owner, also known as a landlord. The lease dictates the terms that both you and your landlord must abide by, including critical terms like the amount of the rent, when rent is due, and what for the purposes you can use your apartment.  It may also include provisions about what your landlord is, and is not, allowed to do, as well as their responsibilities to you as their tenant.

What Provisions of The Agreement Might Help You?

In theory, any part of a lease agreement can be helpful if you are in a dispute with your landlord.  Especially, the terms that outline the landlord’s duties and responsibilities. For example, a landlord is generally required to allow a tenant to stay in their apartment so long as they pay their rent during the lease term and do not breach the terms of the lease. Generally, unless an emergency condition exists, a landlord cannot enter a tenant’s apartment without appropriate notice. Landlords also have a responsibility to ensure that the apartment is well-maintained, and that essential services such as heat, water, and electricity are functional.

How Can Your Lease Agreement Help You?

If you get into a dispute with your landlord, you can hold them accountable for breaching the lease agreement in the same way the landlord could hold you accountable for breaking or breaching your lease. While a landlord could pursue eviction proceedings against a tenant, a tenant can also pursue remedies for a landlord’s breach of the lease agreement.  A tenant’s remedies might include being excused from paying rent during any period where the landlord violated the lease, as well as compensation for any harm you suffered as a result of their breach.

What Should You Do If Your Landlord Violates Your Lease?

Ultimately, in order to know what options you have available in the event your landlord breaches your lease agreement, you should speak with a lawyer experienced in handling landlord-tenant matters. They can help you review your legal options and ensure you get the best possible outcome for your case. The sooner you call, the sooner they can get to work for you.

If you are in a dispute with your landlord and want to know more about protecting yourself, do not wait until it is too late. You should seek advice from an attorney experienced in handling landlord-tenant disputes, who can advise you on your rights and help you avoid the risk of eviction. Contact the skilled landlord-tenant attorneys at Hobson-Williams, P.C.  Contact us online, toll-free (866) 825-1529 or (718) 210-4744 to discuss your rights and the solutions available to you.

Author: Tanya Hobson-Williams

Appointed to the bench by the Board of Trustees in 2008, and elected in 2009, Tanya Hobson-Williams was the first African-American Female Justice in the Incorporated Village of Hempstead. Tanya Hobson–Williams obtained her B.A. in Government and Politics from St. John's University and her law degree from Benjamin N. Cardozo School of Law. Tanya Hobson-Williams has an active elder law practice assisting senior citizens in obtaining Medicaid for Home Care and Nursing Home Care. She routinely lectures at senior citizen centers, assisted living facilities, law schools and counsels families on a variety of topics of concerns to families caring for the elderly.

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