If you are a seasoned and veteran landlord, you are aware of the stress you have to handle on a daily basis as you try to conduct your business with a variety of tenants. This is true even if you are planning on entering this risky business by becoming a landlord and renting out your […]
Category Archives: Landlord Legal Issues
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Nov
Rochester Landlord Tenant Lawyer Discusses Eviction As a Rochester Landlord Tenant Lawyer, I am often asked how to evict a tenant for nonpayment of rent. The first step is to serve a notice on the tenant to pay rent or get out. After that the city or town court papers are served on the tenant […]
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As a Rochester Landlord Tenant Lawyer, landlords often ask me whether or not they should use a lease. I recommend that a lease be used in all instances, which will provide for recovery of late charges and attorney’s fees in the event you need to evict the tenant. It doesn’t necessarily need to be for […]
If you are a landlord, you may have asked your tenant to provide a security deposit, to cover any losses you may incur for unpaid rent or damages. In New York, there are specific state laws about security deposits. There may be local laws as well. In addition, there are different rules for deposits on […]
Under New York law, in every lease for residential property there is an implied warranty of habitability. This is true whether or not it is actually written into the lease. The implied warranty of habitability means that every landlord warrants three things about the property: that the property is fit for human habitation, that the […]
Being a New York landlord can be a difficult job. Finding good tenants who pay on time and keep the property in reasonably good condition can be a constant struggle. If you end up with a tenant who doesn’t pay and damages the property, evicting them and recovering damages can be difficult or in some […]
Plaintiff sued the landlord and tenant for injuries that his son sustained when he was bitten by the tenant’s dog.In order to recover against a landlord for injuries caused by a tenant’s dog on a theory of strict liability, the plaintiff must demonstrate that the landlord: (1) had notice that a dog was being harbored […]
Yes, a condominium board’s obligation to regulate second hand smoke is based on New York Real Property Law (RPL) section 339-v(b)(i) which requires all condominium bylaws to include such restrictions on and requirements respecting the use and maintenance of the units and the use of the common elements, not set forth in the declaration, as […]
New York landlords and those looking to become landlords can prevent costly mistakes by taking the following preventive measures: Attend landlord seminars at community education programs and property owners’ associations to learn your rights and responsibilities.Educate yourself about housing discrimination laws – ignorance is no excuse. Find an attorney who has experience with landlord/tenant and […]
A landlord started a nonpaymenteviction action in Town Court, Westchester County.The tenant’s rent had been partially paid by a subsidy under the Section 8 program. She did not pay her share of the rent for four months. The tenantargued the arrears should be eliminated or significantly reduced by an abatement during eighty-one days ofa bedbuginfestation. […]