The coronavirus pandemic has proved to be an exceptionally difficult time for many lower-income people, as many have lost their businesses or been laid off from their jobs. However, in New York and many other states, evictions were put on hold to prevent people from being forced onto the streets during the quarantine. The fact that people could not be legally evicted, however, did not stop landlords from threatening and harassing tenants into a so-called “self-help” eviction. Continue reading “Landlords Accused of Harassing Tenants into “Self-Help” Eviction”
One of the most basic assumptions a person has when they rent an apartment or a workspace is that it will be safe to live in, and free from hazards or pests that will allow them to live or work in peace. However, sometimes, a rented space can, through negligence or malfeasance on the part of the landlord, become effectively uninhabitable. If things become bad enough that you can no longer safely or comfortably inhabit the space, you may be dealing with a constructive eviction. Continue reading “What is a Constructive Eviction and How Could it Impact You?”
When renting an apartment it is important to know your rights as a tenant. If you are renting in New York State, there are several rights that you have the second the lease is signed. While these rights can vary slightly between cities, the general premise runs through each rental situation. While a lease agreement may lead to more responsibilities of the landlord, there are three important rights that are in every lease agreement. Continue reading “Common Tenant Rights”
Many people have benefitted from the service that AirBNB provides. It allows people to find a place to stay where hotels might otherwise be too expensive or rare, and it allows others to make money from renting out their homes or apartments when they’re out of town. Everyone wins… provided that neither the “guest” nor the “host” do anything untoward. Because if they do, and you happen to be the landlord whose tenant became embroiled in an AirBNB-related debacle, you could have a major headache on your hands. Continue reading “When AirBNB Goes Wrong”
In recent years, more people are seeking rental units through the Internet. However, individuals often find themselves falling victim to an online scam. Some of the Internet sites commonly associated with rental scams are Craigslist, Trulia, and Zillow. While these websites do their best to eliminate scammers from using their sites, it is important to look for possible signs of a rental scam as well as perform due diligence in the event that a scammer has slipped through the cracks.
A lease agreement is a contract that creates rights and obligations for a landlord and a tenant related to rental property. Some leases are term leases, and others are month to month. When a tenant wants to terminate (break) a lease early, it’s important that they consult with a landlord-tenant attorney who can assist in protecting their rights under the law.
Eviction is the legal process by which a landlord can expel a resident or tenant from a property. Some of the most common reasons a landlord will evict a tenant are the failure to pay rent on time, harboring other people or pets at the residence that are not authorized by the lease agreement, or the tenant’s participation in illegal or criminal activity within the rental premises. Regardless of the reason for eviction, a landlord must follow a formal eviction process that varies based on the county in which the property is located.
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.
Continue reading “Both Landlords and Tenants Have Rights in New York”
Every tenant has the right to live in a safe, sanitary and habitable dwelling. It is the landlord’s responsibility to provide suitable conditions for habitation. The warranty of habitability is a law that makes the landlord or owner responsible for keeping your apartment and the building safe and livable at all times. If a landlord does not take care of the property, or make repairs when necessary, these failures may constitute a breach of the warranty of habitability.
Under federal law, landlords are required to provide “reasonable accommodations” based on an individual’s disability. Disabilities can be mental, emotional, or physical in nature. Landlords must comply with the Fair Housing Act, and regardless of a pet policy, a landlord may be required to permit a tenant to keep a service animal to accommodate an individual’s disability.
Service animals may assist with mental, emotional, or physical needs. Additionally, a service animal could include any type of animal that qualifies. Traditionally people consider service animals to be dogs, but they can also include cats, birds, rabbits, and any other animal that may assist with the person’s disability. These animals are not considered pets, but working animals.