A landlord of a New York City restaurant obtained a warrant of eviction pursuant to a default judgment. A city marshal executed the warrant and barred the tenant from the restaurant. Shortly thereafter, a court granted a temporary restraining order (TRO) staying the landlord from removing the tenant’s property from the premises, restored the tenant […]
Category Archives: Landlord / Tenant Law
The landlord served the tenant with a notice of termination for physically assaulting him and making alterations to his bathroom and kitchen without permission.After the landlord started a holdover eviction proceeding, the tenant filed an answer alleging that the landlord had assaulted him, not the other way around, and was facing criminal charges. He also […]
Landlord sued to recover for nonpayment of rent. Tenant counterclaimed for return of his security deposit. Tenant testified he was terrified in his apartment and neighborhood, had been threatened and that someone tried to break into his unit. Tenant alleged that his and his wife’s lives were in danger and informed landlord of his intent […]
Landlord, who began a holdover eviction proceeding, sought to strike tenant’s demand for a jury trial. The New York City Civil Court ruled that tenants in summary eviction proceedings have a common law right to trial by jury, which is also authorized by the New York Real Property Actions and Proceedings Law. It noted standard […]
Warranty of Habitability ( New York Real Property Law § 235-b) Every written or oral residential lease warrants that the premises and common areas will be maintained in a condition that is: (a) fit for human habitation; (b) fit for uses reasonably intended by the parties; and (c) free from conditions endangering or detrimental to […]
As one of six speakers at the Landlord Xpo in Rochester and Rochester, NY onWednesday March 9, 2011,I will present “Common Mistakes Made by Landlords and their Attorneys.” The seminars are from 7:30 am to 12:45 pmat the University at Rochester,120 Center for Tomorrow, Rochester, NY 14620 and from2:30 pm to 7:55 pm at the […]
New York landlords must give tenants written notification of the following: If there is an “automatic renewal” clause in the lease, the landlord must give the tenant fifteen to thirty days advance notice that the rental period is about to be automatically renewed. Non-payment of rent: The landlord must properly serve the tenant with a […]
Q. My Rochester, NY apartment was damaged in a fire. Can I terminate my lease and move out? A. This will depend on the condition of the apartment and the terms of your lease. Tenants have the right to vacate their apartments and cancel the lease if: 1. The building is destroyed or damaged (e.g., […]
Collecting a security deposit from the tenant is an absolute necessity because lawsuits against tenants for property damage and unpaid rent are very costly, the tenant may be “judgment proof” and the landlord does not have a right to seize the tenant’s property or obtain a lien for unpaid rent. The security deposit should be […]
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 […]