who is a good landlord tenant lawyer in nyc

Full Answer

How long does a landlord have to take a tenant?

Tenants are legally allowed to break a lease for the following reasons:

• Early termination clause
• Active military duty
• Uninhabitable unit
• Landlord harassment

Can tenant lock out the landlord?

Whether a tenant can or cannot change the locks on rental property you own is a state-by-state issue. But typically, unless your lease prohibits this practice, a tenant can change the locks on you.

How to deal with tenants as a landlord?

• Run a thorough tenant background check (check their criminal background, eviction report, credit report, etc.)
• Contact the previous landlord and ask for a reference
• Provide every potential tenant with a written sample of rules regarding their responsibilities

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Can landlord cancel the lease in NYC before?

You want your tenants to know there is a possibility that the lease can be terminated early before they move in. If you don’t include a clause in your lease, you can’t terminate the lease early.

How much does a tenant lawyer cost NYC?

Hourly Fees The average minimum was $225 per hour, while the average maximum was $300. Within that range, the hourly fee a lawyer charges might depend on the case and the client.

How do I find a tenant lawyer in NYC?

Call (718) 557-1379 or (212) 962-4795 from Monday – Friday, between 9am and 5pm.Call 311 and ask for the Tenant Helpline.Email OCJ at civiljustice@hra.nyc.gov. ... Contact a nonprofit law office near you.

What can I sue my landlord for NYC?

You can sue your landlord in housing court to force them to make the repairs. This is a special kind of case called a "Housing Part" case, or more commonly, an "HP action" or "HP case." An HP action is a case that you file against your landlord when the landlord will not make repairs or provide services.

Can I sue my landlord for emotional distress in New York?

If you rent from a landlord who is for all practical purposes a slumlord, and is negligent in failing to make repairs in a willful or wanton way, your lawyer may be able to make a claim for emotional distress.

Is Legal Shield legit?

For the first question, the answer is no… it's not a scam. Unlike some shadier MLM type schemes like 30-Day Success Formula and Impact Mailing Club… Legal Shield is a legit company with a real product. Having said that, the way in which some Legal Shield consultants market or sell the opportunity, may be a scam.

Can I sue my landlord for emotional distress?

Can I sue my landlord for pain and suffering? As part of a personal injury claim, you could be compensated for any pain or suffering you were caused to experience as a result of your landlord's failings. This includes physical and psychiatric harm, as well as financial losses.

How do I take my landlord to court NYC?

Go to the Landlord-Tenant Clerk's office and fill out a court form called a Petition in Support of an Order to Show Cause. If you can, bring your lease, rent receipts, utility bills and mail addressed to you at your home. If the Judge signs the Order to Show Cause, you will get a court date a day or two away.

How do you prove landlord negligence?

One way to prove landlord negligence is by proving that:A law related to safety was broken by the landlord.The purpose of the said law was for the welfare and safety of the tenant.The injuries sustained were the kind the law intended to prevent.More items...

What your landlord Cannot do?

Landlords cannot enter tenanted properties without giving proper notice. Landlords cannot arbitrarily end someone's tenancy before the lease expires. Arbitrary, mid-lease rent increases are not permitted unless specified in certain circumstances in the lease or by the municipality.

What qualifies as emotional distress?

Mental suffering as an emotional response to an experience that arises from the effect or memory of a particular event, occurrence, pattern of events or condition. Emotional distress can usually be discerned from its symptoms (ex. Anxiety, depression, loss of ability to perform tasks, or physical illness).

What is considered landlord harassment in NYC?

It is considered harassment if your landlord: Fails to give you the buyout offer in writing; Gives you the buyout offer in writing, but the offer doesn't include all of the required information; Contacts you about a buyout within 180 days of you notifying them that you do not want to be contacted.

Goldberg & Lindenberg, P.C

Stop Evictions! Former NYC Housing HPD Attorney with over 25 years of experience. 24/7 emergency service. Free Consultations!

Himmelstein, McConnell, Gribben, Donoghue & Joseph LLP

We Fight For New York City Tenant Rights & We Have A Track-Record Of Results! Proudly Representing Clients In NYC For 40 Years!

Want To Check Lawyer Discipline?

It is always a good idea to research your lawyer prior to hiring. Every state has a disciplinary organization that monitors attorneys, their licenses, and consumer complaints. By researching lawyer discipline you can:

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Thomas Major is a dynamic attorney dedicated to representing clients across a range of practice areas. He maintains practices in real estate law and landlord representation -- counseling clients in the multi-family and investment property industry...

New York landlord or tenant attorneys

Landlord tenant law concerns landlord and tenants' rights and responsibilities. Because the apartment you rent is your own personal space, the law places many limits on landlords' activities.

Himmelstein, McConnell, Gribben, Donoghue & Joseph LLP

We Fight For New York City Tenant Rights & We Have A Track-Record Of Results! Proudly Representing Clients In NYC For 40 Years!

Goldberg & Lindenberg, P.C

Stop Evictions! Former NYC Housing HPD Attorney with over 25 years of experience. 24/7 emergency service. Free Consultations!

Want To Check Lawyer Discipline?

It is always a good idea to research your lawyer prior to hiring. Every state has a disciplinary organization that monitors attorneys, their licenses, and consumer complaints. By researching lawyer discipline you can:

What can a landlord/tenant lawyer do?

A landlord/tenant lawyer can help you win an eviction lawsuit, steer clear of liability, and collect or return a security deposit. Whether you are a landlord drawing up a lease or a renter trying to get back your security deposit, an attorney can assist in cases of all types, especially those involving illegal discrimination, property damage, ...

What is a tenant lawyer?

On the other hand, a landlord / tenant lawyer also helps landlords who have tenants breaking rules, such as moving out three months early or refusing to pay rent. Tenant eviction laws are very specific, with different rules in each city.

Why hire a landlord attorney?

Because the apartment you rent is your own personal space, the law places many limits on landlords' activities. For example, if a landlord tries to make you move without giving you enough notice, ...

What are the responsibilities of a landlord in New York?

In New York, landlords must provide a habitable dwelling for tenants and must respond to repair requests in a “reasonable” timeframe, although “reasonable” is not defined by law. If they do not, then New York tenants have the right to take at least two forms of alternative action.

What are the rights of a tenant in New York?

If a lease agreement exists, then according to New York law ( NY Real Property Law Sec. 220-238A ), tenants have certain rights, such as the right to a habitable dwelling, protection from illegal retaliation, and more.

What happens if a tenant does not vacate the property?

If the tenant does not vacate the property, then the landlord may begin formal eviction proceedings. Illegal acts – New York landlords have broad authority to determine which illegal activities warrant eviction.

What happens if you don't pay rent in New York?

If they do not, then New York tenants have the right to take at least two forms of alternative action. They can withhold rent entirely or they can make the repairs themselves and deduct the cost from future rental payments.

How long do you have to give notice of eviction in New York?

At-will tenants are entitled to receive at least 30 days’, 60 days’, and 90 days’ notice, depending on if they have rented for less than a year, between 1-2 years, and greater than 2 years, respectively.

How much can a small claims court hear in New York?

New York small claims court will hear rent-related disputes valued up to $5,000 unless they are filed in a town or village court, in which case the limit is $3,000. Eviction cases are not handled by the small claims court system. More info on the state’s court system can be found here.

What is the New York State Division of Human Rights?

The New York State Division of Human Rights handles housing discrimination complaints in the state. The following behaviors have been identified as potentially discriminatory when directed at a member of a protected group: Refusing to rent, sell, or lease housing. Applying different terms, conditions, or privileges.

Are lease agreements required in New York?

Lease agreements work to establish certain rules and regulations that both landlords and tenants should follow to have a good relationship throughout the lease term.

NY landlord-tenant responsibilities and rights

Landlord-tenant laws can vary from state to state, but there are some general ground rules that New York landlords and tenants have to follow throughout the duration of a lease.

Rent payment laws

If the leased property does not qualify for the "Rent Stabilization" program, a New York landlord may charge any amount they consider appropriate for rent. This amount has to be agreed upon by all parties before leasing the unit.

Security deposit laws

According to New York state landlord-tenant laws, landlords are not required to ask for security deposits. However, most landlords ask for them as a safety measure in case the unit gets damaged.

Early lease termination & eviction laws

According to New York landlord-tenant law, the landlord may send the tenant an eviction notice for the following reasons:

Lease agreement disclosures

According to the " General Obligations Law ," landlords must state where they're storing the security deposit. It's important to note that a landlord in New York may not mix the security deposit with other personal funds.

Miscellaneous

Both the Fair Housing Act and the New York State Division of Human Rights protect tenants from discriminatory behavior against them. This includes protection for tenants regardless of their race, marital status, sexual orientation, gender, religion, etc.