Tenants often see their lease as somewhat one-sided, intended to protect landlords and ensure they receive their rent. However, every lease is mutually binding, and most offer legal protections for tenants who get into a dispute with their landlord. But how exactly can your lease agreement protect you, and what should you do if your landlord violates your lease?
After the passage of New York’s “good cause” law back in April, landlords have increasingly complained about longer times for eviction lawsuits. This law grants tenants additional rights that help protect them against eviction, but litigating these cases can sometimes take over a year. As a result, landlords have shown anger at tenants sometimes staying in their apartments for months without paying rent, or while otherwise in violation of their leases.
In New York State, you cannot be legally evicted from your apartment without your landlord seeking permission from the court to do so. In order to get around this process, some landlords will engage in illegal practices to force tenants out of their apartments. But how exactly can you be illegally evicted from your apartment, and what should you do if that happens to you?
Every landlord is bound by something known as the implied warranty of habitability. This guarantees the right of every tenant to live in a safe and comfortable environment, although unfortunately some landlords refuse to respect this right. Here are seven signs your landlord has violated the warranty of habitability:
If you are renting an apartment, or planning on renting an apartment, your lease agreement is key to understanding your rights. In particular, there are a few specific terms you should pay close attention to if you want to protect yourself from potential abuse. Here are seven important things you should know in your lease agreement: Continue reading “Seven Important Things to Know in Your Lease Agreement”
If you are facing the prospect of eviction in New York City, you may be confused and nervous about the process. The process of eviction is normally fairly straightforward. There are several opportunities available to assist you from losing your home and to prepare you for the process. Here are five things you should expect during the eviction process:
When you sign a lease for an apartment, it is customary to hand over a security deposit, which theoretically should be returned to you after the lease ends. And yet, many landlords will keep the security deposit, sometimes without giving an explanation as to why. So do you have a right to have your security deposit returned, and if so, what happens when your landlord violates that right?
A “constructive eviction” is the legal term used when someone is forced out of their rented property due to conditions on or in the property making the property unlivable or due to the conditions you have to leave your home and live elsewhere. A constructive eviction is illegal, and a tenant might not be held responsible for unpaid rent during a period where they have been constructively evicted if a judge finds that a constructive eviction occurred. Here are five signs of a constructive eviction you should watch out for:
Around 1,500 landlords in New York City have applied for a new “prohibited buildings” list, that would allow them to exclude tenants from participating in short-term rental businesses like Airbnb. Landlords who successfully apply for this list, which became open on March 6, would be able to pass on fines from illegal short-term rentals to the tenants that host them. This is meant to help crack down on the growing trend of tenants renting out their apartments in Airbnbs, which some say has contributed to the issue of a lack of affordable housing.
A surprising number of people who are currently renting an apartment do not know that they have a legal right to safe and comfortable living conditions. When someone is forced out of their apartment due to poor conditions, it is known as a “constructive” eviction. But what does a constructive eviction look like in practical terms, and what should you do if it happens to you?
“I want to take this time to thank Tanya and Keith for their professionalism and their ability to keep me calm during this process. Tanya was very helpful in explaining the whole guardianship process and my next steps. Despite my numerous emails, I never felt ignored or that they were growing weary of me. Even after being granted guardianship when I had an issue with the bank releasing money Tanya stayed calm and found a way to get what I was entitled to. I hope I never need to do this again but if I do, I will definitely come back to Tanya and her team. Thank you Thank you Thank you. Love from Bermuda.”
-K. Durham. (An attorney in Bermuda transferring a Bermudian guardianship to NY)