New York State’s landlord-tenant laws are some of the most complex in the nation. At the Monteleon Law Group, we have represented both landlords and tenants; both in residential and commercial matters.
Landlords are faced with a myriad of laws and regulations that they must comply with (i.e., renewal and notice requirements; building registrations; prohibitions; fire, zoning, and code compliance). While complicated, our experienced team of landlord-tenant attorneys can help guide you through these processes and work toward a solution.
When a landlord has been charged with building code violations, our attorneys work with the building department to identify the issues and develop a plan to correct the problem.
We also provide comprehensive, result-oriented services to tenants. We represent tenants in eviction proceedings, unauthorized rent increases, rent overcharges, succession rights, sublet proceedings and nuisance proceedings.
Our broad range of services in landlord and tenant law for both residential and commercial matters include the following:
Many tenants ask, “On what grounds can my landlord evict me?” In New York State, the answer is many. Two of the most common reasons for a landlord to evict their tenant are nonpayment of rent and violations of the lease. These two reasons are explained in further detail below.
Nonpayment of rent is, as the term implies, the failure by the tenant to pay their required rent to their landlord. In New York, a landlord cannot simply evict you immediately for nonpayment of rent. The state requires that landlords serve the tenant with a 14 day notice, meaning the tenant has 14 days to pay the required rent or vacate the unit. If the tenant fails to pay their rent within this 14-day period, the landlord can begin to move forward with the eviction process. Following the failure of the tenant to pay their rent within the 14 days, the landlord must get a judgment from the court to evict the tenant.
Violating your lease can also result in the eviction from your unit. Regardless of the violation, the landlord is required to give the tenant 10 days’ notice to fix the violation. If the violation is corrected within these 10 days, the landlord is not permitted to evict the tenant. On the other hand, if the violation is not corrected, the landlord must serve a notice of termination to the tenant. This notice must give the tenant at least 30 days to move out of the space. If the tenant does not vacate the unit within this time, the landlord can file an eviction lawsuit.
Whether you are a landlord or a tenant, a dispute between both parties can be quite complicated and cause significant emotional stress. However, regardless of which side you are on, our experienced landlord-tenant attorneys can help you with your situation. By contacting us immediately, we can help resolve any issues that exist. Waiting too long can only make matters worse. For more information regarding landlord-tenant law in New York State, read our comprehensive guide to Landlord-Tenant law.