I have been an attorney in general civil practice for more than 30 years. In New York state, security deposits are always considered the property of the tenant, so it is illegal for a landlord to try to collect a security deposit that cannot be returned if the tenant follows all the terms of the lease. This can be hard when you are nervous or angry, but it helps your case. Fire Detector You must install at least one smoke detector within 10 feet of every bedroom in your unit. Code as well as the Code of Federal Regulations.
Bring a copy of the housing inspector's report, photos, and any other proof. Rather, tenants rights attorney Sam Himmelstein fyi, a Brick sponsor explains, the language means you occupy the unit to the exclusion of others, including your landlord. Code and Code of Federal Regulations online, see page. For most cases, your landlord cannot unreasonably deny you subletting the apartment. Note that you have to do your part, though, by letting your landlord know about your kids, and once the guards are installed, you can't remove or alter them. Visit your page to make your selections.
Laws affecting this subject may have changed since this article was written. If there are repairs that need to be done or he needs to show the property to potential renters, he needs to give you a reasonable notice. Our goal is to preserve safe and affordable housing for vulnerable residents, prevent homelessness, ensure economic security for families, and promote stability in our communities. However, reading through all of the applicable laws and statutes is tiring. Bring a blank check with you to cover filing fee at the court.
Additionally, if they have lived in the unit since the signing date, they have a claim to the lease. If you feel harassed by your landlord, you should enlist a tenant lawyer to help; if possible, consider forming a tenants association with your neighbors to find strength in numbers. Yes, he is a buckeye! Visit my website at www. For specific legal advice about a problem you are having, get the advice of a lawyer. Get the timely legal news and critical analysis you cannot afford to miss. Finally, check , the official U. Military personnel, elderly tenants may have valid and legal reasons to break a lease.
A court will waive the lease clause if you knew about a previous tenant who openly kept a pet on property for 3 months or more after signing a no-pet lease. At least one of the tenants on the lease needs to live in the apartment as a primary residence for others to remain as occupants in the property. Within 30 days you must file a claim for No Fault benefits in order for your medical bills to be paid. Attorney profiles prominently display contact information, list topics of expertise, and show ratings—by both clients and other legal professionals. Repairs do not mean upgrading your apartment into a nightclub or a penthouse suite! Extra Locks, Peepholes and Window Guards Your tenant can add a lock smaller than three inches in circumference to your property.
Remember, the judge will be coming to a verdict based on the lease you wrote. You must be served with both of these papers at least 5 days before the court date, and the court date can't be later than 12 days after you are served. We are here to help you. Tenants should expect to live in safe, well-maintained buildings that are free from vermin, leaks, and hazardous conditions. They are detailed in the following sections.
Livable, safe, and sanitary means the landlord needs to properly manage the security of the building as well as maintenance of pipelines, heating systems, and electrical wires. New York Rent Control and Other Rent Rules State law regulates several rent-related issues, including rent control and stabilization and how much time three days in New York a tenant has to pay overdue rent or move before a landlord can file for eviction. If a tenant doesn't comply by moving out or remedying the issue, the landlord can then take them to court--but only once a landlord has won an eviction case can the tenant be legally removed from the apartment. You must make all repairs in a reasonable amount of time. Law § § 220 to 238; Real Prop.
When the judge asks for your side of the story, briefly tell the judge the facts of your case and any defenses you want to raise. You need to refund your tenant if he or she paid you in advance for future months. Law Office of Bradley D. A warrant served on a Friday at noon will usually be executed on Wednesday at noon, for example. Disputes over Rent Control or Rent Stabilized apartments are numerous.
If you are even a few minutes late, the judge may have already called your case and made a decision. In the case you do decide to have a roommate, you need to inform your landlord 30 days within your roommate moving in or upon the request of your landlord. The Judgment may immediately evict the tenant, give you the right to collect money based on the past due rent or to delay or stay the date when the tenant has to leave until he or she finds a new location. The tenant has three options for this interest. These materials are made available as historical archival information only. . We lay out options for our clients and describe the different scenarios under each option, allowing the client to make informed decisions.