Landlords of residential dwellings of four or more units, other than public housing or cooperative apartment buildings, cannot unreasonably withhold their consent to assignment or subleasing of the apartment by the tenant. However, the tenant must obtain the written consent of the landlord before subleasing or assigning. An “assignment” of the lease transfers the entire […]
Category Archives: Landlord / Tenant Law
The right NY property manager can make the difference as to whether or not you succeed as a landlord. First, have your accountant prepare a budget which includes capital improvements, advertising, taxes, insurance, vacancies and supplies. Interview a few property managers to get an idea of the range of services that are available. The property […]
New York tenants can use retaliation as a defense to a landlord’s eviction suit. The landlord is presumed to have retaliated against the tenant if the retaliation takes place within six months after: The tenant complained to the government (e.g. health department or building inspectors); The tenant sued the landlord to enforce the rights under […]
New York landlord-tenant guides are available free online from the New York courts, the New York Division of Human Rights, the New York Attorney General, the New York City Bar Association, HUD, the New York Health Department and other agencies and organizations, as follows: Guide to the NY Courts http://www.nysba.org/ Fair Housing Guide http://www.dhr.state.ny.us/pdf/DHR_FairHousing4.11.pdf Housing […]
These recent verdicts for commercial and residential landlord/tenant disputes cover a no-pets policy which violated Fair Housing laws, a landlord who destroyed an auto shop owner’s equipment, sexual harassment and assault, false claims of child abuse and a landlord who delayed development of a golf course. $3,162,900 Tenant’s 6-year-old daughter was sodomized by landlord’s teen […]
The mother executed a deed transferring her home to her son. She continued to live in the home with her son until her death, during which time she paid the real property taxes. However, the deed was never recorded with the Onondaga, New York County Clerk. The public administrator of the mother’s estate commenced an […]
The tenant vacated his apartment before the lease expired and stopped paying rent. The landlord unsuccessfully tried re-renting the apartment and decided to sell the unit, keeping it vacant to make it more marketable. The landlord later sued the tenant for the unpaid rent for the entire lease term.Landlords no longer have a duty to […]
Contractors or landlords are required to have tenants sign a PRE-RENOVATION DISCLOSURE FORM beginning December 22, 2008 which indicates that the tenant has received the EPA’s RENOVATE RIGHT: IMPORTANT LEAD HAZARD INFORMATION FOR FAMILIES, CHILD CARE PROVIDERS, AND SCHOOLS lead hazard information pamphlet before starting renovation of residential buildings built before 1978. This pamphlet must […]