Both Landlords and Tenants Have Rights in New York

Illegal Apartments

Landlords and tenants have rights in New York. In Suffolk County, many jurisdictions require that a landlord obtain a rental permit prior to renting an apartment or home.  In cases where a landlord has failed to obtain a rental permit when required, the facts of a case and the jurisdiction determine the whether the landlord may prosecute a claim or recover monetary damages.

New York Landlord and Tenant Guidelines

Illegal Apartments

Landlords and tenants have rights in New York. In Suffolk County, many jurisdictions require that a landlord obtain a rental permit prior to renting an apartment or home.  In cases where a landlord has failed to obtain a rental permit when required, the facts of a case and the jurisdiction determine the whether the landlord may prosecute a claim or recover monetary damages.

Security Deposit

New York requires a landlord to keep a security deposit separate from his or her own personal money. Landlords must also disclose information about the security deposit.  A security deposit must be returned to the tenant, less damages, including rental arrears, within a reasonable time after the residence is vacated.

Rent Abatement

Unless otherwise agreed, sometimes a tenant has the right to withhold rent when a landlord does not maintain basic health and safety standards, such as heat and running water. Likewise, tenants may sometimes be permitted to make necessary repairs and deduct the cost from their rental payment.

Self Help Prohibited

In New York, a landlord must commence a court action to evict a tenant and cannot resort to self help. Common evictions include holdover proceedings (tenant has stayed beyond the rental term), and non-payment. The law is very technical, and failure to properly provide notice to a tenant or to plead the action can result in dismissal.

We have handled thousands of landlords and tenants. We are a former judge and prosecutors and are experienced in landlord-tenant issues. Contact McGuire & Pelaez P.C. today at (631) 348-1702.

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