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:
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”
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”