With New York’s moratorium on residential evictions now expired, landlords have been rushing to evict non-paying tenants across the state. While this was sadly predictable, what is less predictable is that some landlords are going forward with evictions even against tenants who have been approved for rental assistance. As a result, tenants are facing legal troubles as they try to prove in court that they should not be evicted, even as their landlords try to throw them out of their homes.
New York State’s moratorium on evictions came to an end on Saturday, January 15, expiring after being in place for nearly two years. For landlords, the end of the eviction moratorium marks an end to a policy that forced them to keep non-paying tenants in their apartments for up to a year and a half. For tenants, however, the end of the moratorium potentially marks the beginning of a wave of evictions that will cause homelessness to spike across the state. Continue reading “NYS Eviction Moratorium Expires, Creating Fears of Homelessness”
In New York, a landlord cannot evict a tenant from their rented space simply because they failed to pay rent. There is an involved legal process that must go forward before someone can be forced out of an apartment or other rented space. But what exactly is this process, and what happens when a landlord attempts to evict a tenant?
Tenants have a number of legal protections against potential abuses by their landlords, and one of those protections is known as the right of quiet enjoyment. This right is a crucial part of protecting the privacy and comfort of tenants, and it can become a serious issue when a landlord violates this right. But what exactly is the right of quiet enjoyment, and what can you do if your landlord violates it?
The warranty of habitability is the formal name for one of the most basic rights every tenant has: the right to live in a safe and comfortable environment. When landlords violate this right, whether negligently or maliciously, they can cause serious harm, and begin a potentially major legal conflict. Here are a few things you need to know about the warranty of habitability:
Tenants have the right to quiet enjoyment, which means they are legally allowed to remain in their rented spaces without fear of harassment or intrusion until they have been formally evicted. However, that does not stop some landlords from trying to harass their tenants out of their apartments, hoping to avoid the legal problems of seeking an eviction by forcing them to leave of their own accord. Here are five ways landlords may illegally harass their tenants into leaving their apartments:
New York Governor Kathy Hochul has signed a law that will extend the state’s moratorium on residential evictions until January 15, 2022. This extension is seen as a benefit to tenants who were facing eviction when the state’s moratorium was set to expire, leading to potential evictions for thousands of New Yorkers. However, for some, the measure is seen as a disappointing effort that does little to address the underlying issues behind the looming eviction crisis. Continue reading “New York Eviction Moratorium Extended Until January 15”
It is common practice for landlords to require their tenants to pay a security deposit as part of their lease agreement. In theory, the security deposit is only meant to cover costs for cleaning and repair, and any unspent amount of the deposit should be returned at the end of the lease. However, some landlords will go to great lengths to make sure they can keep a tenant’s security deposit, including using these potentially illegal methods: Continue reading “How Landlords Try to Avoid Refunding Your Security Deposit”
The lease agreement is an essential part of establishing the relationship between a landlord and their tenants, but it is also a common source of strife. Tenants, in particular, often do not realize the potential problems in their lease agreements until it is too late. Here are five things you should look out for in your lease agreement, if you want to avoid potential legal problems down the line: Continue reading “Five Issues to Watch Out For in Your Lease Agreement”
Every landlord has a duty to their tenants to ensure their property is safe to live in. This is known, in legal terms, as the “implied warranty of habitability,” and no lease agreement can get around this basic obligation. Not every landlord keeps up this responsibility, though, failing to respond to tenants when they complain about problems in their rented spaces. If it goes long enough, neglect can stop being merely inconvenient, and start becoming a legal problem. Here are a few signs to look out for that might tell you it’s time to consider getting a lawyer: Continue reading “When Does a Landlord’s Neglect Become a Legal Issue?”