New York Landlord Law — Evictions
Understanding New York landlord law and knowing your rights as the landlord of an apartment, house, or business in New York City is essential. Our law firm specializes in evicting delinquent tenants who are no longer paying rent or wanted on the premises.
Eviction case are complex and have specific procedural requirements lest the court automatically dismiss the case. It is in the interest of the landlord to contact our office immediately to start your case. The process is a long and complex, and the sooner it begins the sooner the tenant will be evicted.
Requirements of the state must be followed whether you are an owner of a 1 family or a building. Our firm makes the process easy for you by completing all the steps on your behalf.
New York Tenant rights
The agreement between landlord and tenant has a deep resonance in New York State.
It contributes to a neighborhood’s stability, the peace of mind for the renter and the home owner alike. New York State has several different laws governing this arrangement, and they vary across the different townships. Our office helps guide tenants through the labyrinth of rent control and rent stabilization laws. If you have questions regarding tenant’s rights, please do not hesitate to contact our office.
Free-Market Rentals
These type of rentals consist of all rental apartments, houses, and all commercial properties that are not subject to rent regulation. All commercial properties are free-market rentals.
The lease governs completely in commercial landlord/tenant issues. A free market rental allows the landlord to control many aspects of your stay at the apartment including but not limited to:
- rent increases (can happen at end of lease and for as much as landlord determines)
- lease renewals (the landlord does not have to renew the lease and is not liable unless it is for discriminatory or retaliatory purposes)
- no pets/no smoking/no washers/no dryers (landlord can place many different provisions in a free market rental HOWEVER, they must be in the lease agreement)
- can limit sublease or assignability
- can limit amount of people subject to roommate laws
Our firm drafts free market leases both commercial and residential tenants every day. Call now to speak with an attorney about drafting a lease.
Rent Regulated Rentals
Rent Stabilized Apartments and Rent Control Apartments are different, but have the following in common:
- Rent charged can not exceed the legal rent for that apartment
- legal rent increases are determined by the government yearly
- Lease renewals are mandatory
- Must provide certain utilities
- Rent registration from landlord is required
- have a right to a roommate and sublease
- Stabilized apartments can be passed on to immediate family members (specific rules)
- Landlord can only terminate lease in specific instances
- Many more rights as listed in this
A rent regulated apartment can become a free-market apartment but only in a limited amount of certain instances. If you believe your apartment has been deregulated illegally you may have the right to treble damages. Call the firm now and explain your situation.
Evictions
An eviction case is extremely complex and procedural. It is essential that a Landlord follow all the procedural rules including but not limited to:
Predicate Notice- Rent Demand or Termination notice or other
- correct address
- state how much is owed and for what months
- if in writing signed by landlord or agent
Service requirements
- personal delivery
- substitute delivery
- affix and mail
Notice of Petition and Petition
- service
- correct information
Our Office ensures everything is done correctly and we are able to proceed on all Evictions.
