Landlord Tenant Law Firm
Top Tier Landlord-Tenant Representation in New York
Landlord-tenant relationships are at the heart of the rental housing market, influencing everything from lease agreements and property maintenance to legal rights and responsibilities. As a landlord, you’ll discover tips on finding reliable tenants, crafting airtight lease agreements, and managing your property efficiently. Tenants, on the other hand, can explore their rights, understand the rental application process, and learn how to maintain a positive renting experience.
Landlord Tenant FAQ’S
What happens if a tenant stops paying rent?
- The case turns on paperwork: a proper rent demand and a clean rent history are required.
- Post-2019 timelines and cure rights are unforgiving — a single missed step can get the case dismissed and force a restart.
- This is the single largest category of housing-court litigation; on high-end units, even a few months of unpaid rent is a significant sum.
How long does a landlord have to return a security deposit – and what happens if they miss a deadline?
- The deposit must be returned within 14 days of move-out with an itemized statement of deductions.
- Only damage beyond wear and tear is deductible.
- Missing the 14-day deadline forfeits the right to keep any of it – even for a legitimate deduction – and a willful violation can cost double.
How much notice does a landlord need to give to end a tenancy or decline to renew a lease?
- Ending a tenancy, declining to renew, or raising rent 5% or more all require exact 30/60/90-day notice depending on length of tenancy.
- Until notice is properly served, the tenancy simply continues.
- A defective notice gets the eviction case dismissed and forces a restart from day one.
What repair and habitability obligations does a landlord have?
- • Every lease carries an implied warranty of habitability that no lease language can waive.
- Common disputes involve performance issues: leaks, noise, HVAC failures, elevator outages.
- An unaddressed condition can become a tenant’s leverage in a nonpayment case and the basis for a rent abatement.
What happens if a tenant breaks their lease early?
- Since 2019, landlords have a statutory duty to mitigate damages by making a genuine effort to re-rent the unit.
- Acceleration and liquidated-damages clauses are often unenforceable.
- A documented surrender, a genuine re-rental effort, and any guaranty all drive the outcome.
What does the New York’s Good Cause Eviction law limit?
- The 2024 Good Cause Law gives many NYC tenants renewal rights and lets them challenge steep increases.
- Units above 245% of Fair Market rent are exempt – a threshold that resets every year.
- Where the law applies, an increase above the lower of 10% or CPI-plus-5% is presumed unreasonable, and every lease/renewal must state whether the unit is covered or exempt.
Could a market-rate apartment actually still be rent-stabilized?
- Yes — buildings with J-51 or 421-a benefits, or units improperly deregulated, may still be stabilized.
- Overcharge claims can reach back six years, and a 2024 fraud standard can widen the review.
- A buyer inherits the prior owner’s errors – the exposure travels with the building.
Can a tenant sublet the apartment or list it on Airbnb?
- Subletting without consent, exceeding roommate limits, or running a short-term rental (barred outright under Local Law 18) can all be grounds to end a tenancy.
- Co-op and condo boards must affirmatively enforce against violating residents.
- What’s actually permitted depends on the lease and the building’s house rules.
What are the rules around pets, service animals, and emotional-support animals?
- A no-pet clause is waived if a pet lives openly for 90 days and the landlord takes no action.
- Service and emotional-support animals must be accommodated regardless of a no-pet rule.
- A board may verify the need is legitimate but cannot demand the underlying diagnosis.
Can a landlord evict a tenant for being a nuisance or disruptive to neighbors?
- Chronic noise, hoarding, dangerous conditions, illegal use, or harassment of neighbors can support a nuisance eviction.
- These cases turn on a documented pattern of behavior and a properly served notice; the record needs to be built correctly from the start.
- Nuisance cases are among the harder evictions to win — the record must be built correctly from the start.
