Category Archives: Landlord / Tenant Law

Rochester Landlord Tenant Lawyer Discusses the Death of a Tenant

Rochester Landlord Tenant Lawyer Discusses the Death of a Tenant

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 […]

Rochester Landlord Tenant Attorney Examines the Need for Backflow Preventers

Rochester Landlord Tenant Attorney

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 […]

Rochester Landlord Tenant Attorney Discusses Using Rental Applications

Rochester Landlord Tenant Lawyer Discusses Rental Applications

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 Law Requires Sprinkler System Clauses in NY Leases

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 […]

Is It Housing Discrimination For My New York Landlord To Refuse To Let Me Move Into One Of His Larger Apartments To Accommodate My Disabilities?

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 […]

Can My Landlord Cancel My Lease Because I Told Him I’m Having Financial Problems?

That will depend on how definite and unequivocal your expression of financial difficulties was. In a recent New York case, before the term of the 15 year commercial lease was to begin, the New York tenant advised the landlordthat it was experiencing financial difficulties. By an email message, the tenant offered the landlord certain “options” […]

Is It Housing Discrimination For A New York Landlord To Limit Tenants To Two Per Bedroom?

A New York landlord can only restrict two tenants per bedroomin some situations.In a recent case, a husband and wife filed a complaint with HUD that the management company refused to renew their lease after concluding that the family of five was too large for the 1,464 square foot, two-bedroom apartment that they had occupied […]

How Do I Evict A Tenant For Failing To Pay Rent In New York?

If you are a landlord and you have a tenant who isn’t paying the rent, there are some steps you must take to evict them. First, you must make a rent demand. If the tenant fails to pay the rent after receiving the demand, the landlord can start a nonpayment case in court. To start […]

My Landlord Keeps Coming Into My Apartment Unannounced. Is This Legal in New York?

In New York, tenants have the right to privacy within their apartments or rental homes. There are certain circumstances under which a landlord can enter an apartment. However, in general, landlords are expected to leave their tenants alone in their rental homes. Under New York law, there are three reasons that a landlord can enter […]

My Landlord Refuses To Give Me My Security Deposit Back. What Can I Do Under New York Law?

If you rented a house or apartment from a New York landlord, the landlord most likely required you to give a security deposit before you were allowed to move in. Usually, the security deposit is equal to a month’s rent. If a person chooses to renew his or her lease, and the rent is increased, […]