In New York's booming housing market, both landlords and tenants are under a lot of pressure. Both sides may be unsure about the extent of their obligations to each other and the rights they have when something goes wrong.
New York is a hot town for real estate, and the sheer alluring nature of the city makes it a popular destination for many. Many times, prominent actors, athletes, models and celebrities rent apartments or homes in the city. Generally, the owners are happy to have these tenants because they know they'll receive rent money in full and on time, and that their presence adds a certain buzz to the locale. In some cases, however, these same people face litigation in nuisance and lease violation cases that end up becoming public due to their celebrity status.
New York City landlords know that when a tenant falls behind in their rent payments, taking legal action is sometimes the only realistic option. Collecting delinquent rent or evicting a tenant for nonpayment can be difficult and costly without experienced counsel.
For those who live in a rent-regulated apartment - one that is either rent-controlled or rent-stabilized - in New York, they may have important rights not available to tenants in unregulated, market-rate buildings. It is in one's best interest to be aware of those rights and protect them. For those who own a building with rent-regulated apartments, it is also important to have experienced legal advice before taking any steps toward deregulation of the apartment or eviction of a tenant.
Whether you are a landlord or a tenant in a residential building in New York, it is important to know the rights of tenants under New York law. The residential lease controls many aspects of the landlord-tenant relationship. But tenants also have rights under state law, and both landlords and tenants owe it to themselves to have some basic familiarity with these rights. This post will discuss a few of the more important rights of New York tenants.
A residential lease is a contract between tenant and landlord that sets out the rights and obligations of each party. As with any contract, careful drafting can help avoid future lease disputes. In addition to the terms in the lease itself, the landlord-tenant relationship in New York is subject to a number of state, federal and city laws.
When a landlord refuses to make needed repairs to your apartment, you have a number of options available, including filing suit against the landlord to compel them to make the repairs.
A hedge fund manager and a model are the opposing parties in a lawsuit over the rental of a townhouse on East 19th Street in Manhattan. The fund manager rented the triplex from the model, who is now semi-retired but purchased the property when her modeling career was in full swing.
In a commercial lease, just as in a residential lease, a departing tenant has an obligation to return the premises to the landlord in good condition. New York's biggest landlord of office space recently filed a lawsuit in the state Supreme Court alleging that a major financial firm failed to do that. The landlord is seeking $20 million in damages.
Short-term leases aren't any less binding than longer contracts. Many New York residents move to beach rental properties for the summer. A few days, weeks or months out of the city can be refreshing unless you run into a lease dispute.