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Protecting Your Right to Peace and Enjoyment of Your Apartment, And Landlord and Real Estate Developer Rights

Aside from death, taxes and urban traffic, another certainty in New York’s large cities is this: Landlords and tenants inevitably and inexorably argue about dilapidated units, surprise utility shut-offs and unilateral rent hikes designed to increase owner profit margins.

Unfortunately, generally speaking many tenants are not informed of their every right when dealing with  slumlords, overcharges or landlord abuse. More unfortunate for landlords is that they may unintentionally open themselves up to liability for their managerial decisions that stem from a false notion of absolute power to manage the property occupied by their tenants. 

It is helpful to be fully informed of your rights to a property free of despair or uncleanliness, and the rights governing holdover tenants in the eviction process, as well as other limits imposed on a landlord restricting their absolute freedom to manage their property.

Spend a few minutes by reading below about New York disputes between a landlord and his or her tenants occupying real estate under New York law.

What Forms the Bulk of NY Landlord Tenant Law in Manhattan, Bronx, New York?

According to New York Attorney General’s office, consumers are instructed of their entitlement to basic rights:

  • Health and safety, to be protected from personal injury; and the right for repairs made valued at under $10,000. Real Property Law §235-b

According to the New York Attorney General’s, you, the tenant, whether living in the large metropolises of Manhattan, Queens, Brooklyn or Staten Island, or in the environs, have a right to a rental agreement, or residential or commercial lease agreement, in writing that states:

  • Your rent amount and due date.
  • Lease time period and month-to-month provisions after your lease agreement expires.
  • Security deposits and late fees
  • House rules (even if these are not provided as part of your rental agreement, make sure your landlord provides you with a written copy of any rules or regulations, such as pet policies, insurance requirements, visitor policies, etc.)
  • The circumstances in which your landlord has the right to enter your home.

General Obligations Law § 5-702; NY C.P.L.R. § 4544

Requirements for Presenting a Solid Case for Unlawful Eviction, or Removing Tenants for Non-Payment of Rent

Further, New York’s Attorney General’s office instructs that there are many rules governing what a tenant is required to do while under a lease, as well as obligations of landlords. Any lawyer found through a local bar association or State Bar of New York will inform you that landlords who manage real estate have to do the following:

  • To disclose the terms of the rental agreement to the tenant (how much, who to pay, issues when rent is lates; holidays; late-rent consequences; check-bouncing fees.
  • To disclose the name of anyone authorized to act as the landlord’s agent for failure to make needed repairs
  • To return the tenant’s security deposit within “30 days” of the tenant’s moving out, and to provide an itemized written accounting of the deposit portion kept. 
  • To abide by restrictions on the limits on late fees (if any exist in the city the landlord owns property).

For tenants asserting their rights, according to Nolo.com, their options include:

  • Not paying rent; or choosing to fix the problem in their unit, then to deduct it from the monthly rent due.
  • Having the right to receive a 3-day Pay-or-Quit notice before the landlord can evict the tenant. 
  • Being free from retaliation for complaining to government agencies, domestic violence victims.
  • Having the right of return of abandoned property.
  • Being free from landlord management of the premises causing personal injury.
  • Being free from housing discrimination based on local and federal law.

As most lawyers belonging to a bar association or State Bar of New York will inform you in the New York State and New York City, it is helpful for both sides to retain a NY landlord tenant super lawyer serving New York landlord and tenants capable of accurately identifying legal issues and aggressively asserting legal rights to accomplish the end of either tenant or landlord.

By employing all possible legal resources under local, state and federal laws, housing court, New York State legislature and The New York Court of Appeals, NY landlord tenant attorneys can ensure peace among renters of units with unhabitable or unsafe condition, and landlords can still maintain their rights to make their investment profitable.

Getting Legal Help with New York Landlord-Tenant Legal Matters, Real Estate Disputes

According to Nolo.com, typically tenants, stretching across all boroughs of New York City, and beyond, are extremely disadvantaged by having to pay rent to landlord who has a greater concern for maximizing their return on their investment than about respecting tenant’s complaints about the quality of their unit. However, tenants still have defenses to employ which include:

 

  • Landlords who illegally use “self-help” eviction schemes by changing locks and cutting off utilities for non-payment of rent or to harass the tenant. RPAPL §749; Real Property Law § 235
  • Mere lateness of rent payment as a waiver of the right to evict immediately.
  • The landlord has an illegal discriminatory reason under local or federal law.

When the dwelling is not habitable for any person to live in, then there is a process of notifying the landlord of the shoddy conditions and waiting a reasonable period of time of time to be given the right to withhold rent.

Legal Advice: Why do I Need to Hire a New York Landlord-Tenant Lawyer?

As many New York law offices have attorney advertising boasting valuable legal aid and legal services, high legal hourly rates should not deter someone from hiring a landlord-tenant super lawyer trained at the best New York law school to have as your personal advocate. 

Based lack of information (and misinformation) about tenants rights in under state law, hiring an experienced NY landlord tenant attorney who neutralize landlord threats, force the landlord remedial action, recoup unjustified hikes in rent with double or triple damages, even—are undoubtedly priceless notwithstanding the incredibly high average rate of NYC landlord tenant lawyers and law offices. Per Clio.com, law offices specializing in landlord tenant law which can charge between reportedly $122 to $485 per hour, per Clio.com’s 2021 statistics.

The greater skill and number of years of experience the New York insurance lawyer has in handling landlord claims affecting commercial real estate owned by the organization, co-op or other involved party, the more likely the landlord will prevail.

Further, it helps if the lawyer stays up to date with the everchanging landscape of New York state law, including commercial real estate law, estate planning, family law and local ordinances varying from city to city offering greater protection.

Why Should I Hire a Skilled New York Landlord-Tenant Super Lawyer?

Given the reputation as a “city that never sleeps” New York with its fair share of established property owners and developers organized to make a profit, it is important to have a skilled lawyer who can distinguish him or herself from others in the field. 

Whereas New York law offices offering legal services may be somewhat knowledgeable about how to represent a tenant or landlord, a particularly skilled and incredibly talented NY landlord tenant attorney will be intimately familiar with the most recent decisions in employment law, ready and willing to use whatever tools in his or her arsenal to prosecute or defend the case. 

Many top-rated law firms and super lawyers specialize in these cases, serving New York City residential and commercial tenants and landlords, such as New York City-based tenants’ rights law firm Ari Mor, Esq, P.C., and Fishman Law Group, PLLC; the Brooklyn-based eviction defense firm Balsamo, Rosenblatt, & Hall, P.C., Queens-based Robert Aranov & Associates, P.C., Staten Island-based Corash & Hollender, P.C., NYC Himmelstein McConnel Gribben & Joseph, LLP, among others in the city and state of New York including surrounding areas, offer legal aid and legal services that include an initial free consultation, and initial disclaimer, to help strategize your best course of action during a time of stress and uncertainty.

It is helpful to create a narrative of facts detailing everything that you remembered before, during and after the landlord-tenant law or rental dispute.  This means keeping meticulous records of expenses made during the litigation, or in the case of the responsible merchant, the costs to defend. 

Forming an Attorney-Client Relationship: Find Lawyers Serving New York Landlords and Tenants Today for a Case Evaluation to Best Prevail in Your Landlord-Tenant Law Dispute

Often timid tenants in New York’s big cities have fallen victim to avaricious New York City landlords in rental disputes.

This makes having the right attorney on your side essential, who can both understand and accurately apply New York landlord tenant law and fast-changing case precedent.

Whether you are looking for a NYC, Brooklyn or Staten Island-based landlord tenant lawyer serving New York tenants and landlords in estate transactions, Lawsuit.org, beyond what your local bar association, or public law school library can offer, is a premier legal directory that will help you pinpoint the right one whose practice areas include other relevant areas such as probate, estate planning and business law, often offering free consultations and evaluations to obtain the just results every landlord or tenant deserves.

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