As a Rochester Landlord Tenant Lawyer, tenants often ask me what defenses they would have to an eviction brought by a landlord. The first defense is retaliation if the landlord tried to evict the tenant within six months after they complain to a government authority such as the health department or the city building department. […]
Category Archives: Landlord / Tenant Law
28
Nov
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 […]
23
Nov
Nov
Clients often come to me as an experienced Rochester Landlord Tenant Attorney, and ask about the requirement for smoke detectors in their properties. Smoke detectors and carbon monoxide detectors are required everywhere now, and they represent a huge liability for landlords, so it is important to keep accurate records of smoke detectors and their maintenance. […]
09
Nov
Nov
As a dedicated Rochester Landlord Tenant Lawyer, I often advise landlords on the basis of liability. Tenants sue landlords on a number of legal grounds, one of which is called the Warranty of Habitability. It’s based on contract theory, so the Warranty of Habitability applies to all residential properties anywhere in the United States. The […]
10
Oct
Oct
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 […]
19
Sep
Sep
As a Rochester Landlord Tenant Lawyer, landlords often ask me what to do in the event that their tenant dies. First, you should never grant access to the apartment to anyone unless they are either an executor named in the will, an administrator, or the public administrator if they have no will. These individuals need […]
07
Sep
Sep
New York State’s health code requires backflow preventers in most commercial properties and larger residential properties as a protection for municipal water systems. Contractors need to be alert because not all towns enforce this New York State Health law. During the past couple of years, people have received letters informing them that they will be […]
22
Aug
Aug
As a Rochester landlord tenant attorney, I am often asked whether a rental application should be used in screening tenants. I strongly recommend a rental application for a number of reasons. First off is to determine whether or not you’re getting a good tenant. Secondly is to collect a judgment in the event that you […]
New York Real Property Law Section 231-a requires that every residential lease issued on or after December 4, 2014 provide conspicuous notice in bold face type as to the existence or non-existence of a maintained and operative sprinkler system in the leased premises. If there is a maintained and operative sprinkler system in the leased […]
Yes, it may be discriminatory for your New York landlord to refuse to allow you to move into a larger apartment to accommodate your disability. In a recent case, a disabled tenant made several requests to the Housing Authority of Baltimore City (HABC) over a four-year period to be transferred to a four-bedroom unit that […]