Landlord-Tenant Law

A good lease is essential to protect the interests of both sides in a real estate rental setting. Our firm will negotiate and draft or review complex and simple residential and commercial lease agreements. We will guide you through the proper procedures to protect your interests, help resolve Landlord Tenant disputes; including Non Payments, Holdovers, Eviction proceedings, Article 78s, Marshal’s Notices, Orders to Show Cause, Non-Primary Residence Proceedings, Owner Occupancy Proceedings, Overcharges, Subleases, Pets, Jury Trials, Injunctions and more.

Lease renewal

For non-rent regulated apartments, a tenant may only renew the lease with the consent of the landlord and may be subject to eviction at the end of the lease term. However, a lease may contain an automatic renewal clause. In such case, the landlord must give the tenant advance notice of the existence of this [...]
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What is a lease?

A lease is a contract between a landlord and a tenant which contains the terms and conditions of the rental. It cannot be changed while it is in effect unless both parties agree. Leases for apartments which are not rent stabilized may be oral or written. However, to avoid disputes the parties may wish to [...]
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Landlord’s Duty of Repair

Landlords of multiple dwellings must keep the apartments and the building’s public areas in “good repair” and clean and free of vermin, garbage or other offensive material. Landlords are required to maintain electrical, plumbing, sanitary, heating and ventilating systems and appliances landlords install, such as refrigerators and stoves, in good and safe working order. Tenants [...]
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Discrimination

Landlords may not refuse to rent to, renew the lease of, or otherwise discriminate against, any person or group of persons because of race, creed, color, national origin, sex, disability, age, marital status or familial status. In New York City, tenants are further protected against discrimination with respect to lawful occupation, sexual orientation, partnership status [...]
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Tenant’s right to privacy & Landlords right to enter

Tenants have the right to privacy within their apartments. A landlord, however, may enter a tenant’s apartment with reasonable prior notice, and at a reasonable time: (a) to provide necessary or agreed upon repairs or services; (b) in accordance with the lease; or (c) to show the apartment to prospective purchasers or tenants. In an [...]
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Landlord Retaliation

Landlords are prohibited from harassing or retaliating against tenants who exercise their rights. For example, landlords may not seek to evict tenants solely because tenants (a) make good faith complaints to a government agency about violations of any health or safety laws; or (b) take good faith actions to protect rights under their lease; or [...]
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Warranty of Habitability

Under the warranty of habitability, tenants have the right to a livable, safe and sanitary apartment. This is a right that is implied in every written or oral residential lease. Any lease provision that waives this right is contrary to public policy and is therefore void. Examples of a breach of this warranty include the [...]
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Eviction

A tenant with a lease is protected from eviction during the lease period so long as the tenant does not violate any substantial provision of the lease or any local housing laws or codes. For both regulated and unregulated apartments, landlords must give formal notice of their intention to obtain legal possession of the apartment. [...]
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Apartment Sharing

It is unlawful for a landlord to restrict occupancy of an apartment to the named tenant in the lease or to that tenant and immediate family. When the lease names only one tenant, that tenant may share the apartment with immediate family, one additional occupant and the occupant’s dependent children, provided that the tenant or [...]
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Subletting or Assigning Leases

Subletting and assignment are methods of transferring the tenant’s legal interest in an apartment to another person. To sublet means that the tenant is temporarily leaving the apartment and therefore is transferring less than the entire interest in the apartment. In contrast, to assign means that the tenant is transferring the entire interest in the [...]
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