The legal relationship between a landlord and tenant is a very important one. A tenant relies on the landlord for a roof over their head or a place to run their business, and a landlord depends on tenants to cover mortgage payments, often for their livelihood. For these reasons, the law sets out very important rights and responsibilities of both the landlord and the tenant.
However, as with any other type of legal relationship, many different disputes can arise between landlords and tenants. When such disputes arise, one or both parties can suffer losses if the matter is not resolved in a timely and cost-effective way. At the law office of Hirsch & Hirsch, we help both landlords and tenants in New York protects their rights and resolve disputes as efficiently as possible. Whether you are a landlord or tenant, please call us today to discuss your situation for free.
Landlord and Tenant Disputes
The following are only some examples of common landlord and tenant disputes that arise in NY:
Leases are complex legal contracts with many different provisions and restrictions, often written using complicated legal language. Too often, a tenant will fail to fully read a lease agreement before signing or will not recognize that certain provision may not be in their favor. The best way to ensure that you fully understand the terms of your lease is to review the lease with an experienced attorney prior to signing.
After signing a lease, both parties are expected to abide by the terms including payment of rent, care of the property, and other provisions including pet or occupancy restrictions. Disputes can arise in many ways, including a tenant subleases an apartment against the lease restriction or a landlord fails to pay for certain utilities as promised in the lease. In many situations, an attorney can handle a lease dispute with simple negotiation or mediation, however, other cases may need to be resolved in court.
Eviction and failure to pay rent
Perhaps the most common NY landlord dispute occurs when a tenant fails to pay rent and you want to evict them and collect the amount you are owed. It is against the law in NY to take eviction into your own hands by shutting off utilities, removing doors or belongings, or changing the locks. Instead, you must follow the specific legal procedures for an eviction and it must be approved by the courts. An experienced landlord lawyer can represent you in court and help you obtain an eviction and a judgment for unpaid rent.
Failure to return a security deposit
NY tenant disputes regarding security deposits can arise in several ways, including:
- Your landlord failed to return the security deposit
- Your landlord took unjustified deductions from your security deposit
- Your landlord did not provide you the required information under NY law regarding your deposit and any interest earned
An attorney can help you send an effective demand letter to your landlord regarding your deposit and can help you take your landlord to court, if needed, so you can receive the money you are rightfully owed.
Failure to repair — When you rent a property, it must comply with health and safety regulations and it must be habitable and in good repair. If a landlord fails to make necessary repairs to your rental property, you cannot simply decide to stop paying rent. Instead, you should discuss your situation with a lawyer who can help you follow the right procedures. Such procedures include ensuring the problem justifies withholding rent, giving your landlord proper notice of the problem and your intention to alter your rent, and deciding whether to stop paying rent or to repair the problem yourself and deduct the appropriate amount from your rent.
Residential and Commercial Litigation
It is important to note that residential and commercial litigation regarding landlord-tenant disputes can vary significantly. While residential disputes are generally between two individuals, commercial disputes are generally between two companies with more resources for litigation and possibly more on the line.
One way to avoid commercial lease disputes is to have an experienced attorney assist you with lease negotiations and review before you move in. There are many commercial lease provisions that can be vital or detrimental to the success of your business and we can help you identify such terms. If a dispute does arise, we have the resources to handle major commercial lease litigation.
Call a NY landlord-tenant dispute attorney at Hirsch & Hirsch, LLP today
Whether you have a residential landlord dispute regarding a security deposit or a major commercial dispute that is causing your entire business to suffer, the NY landlord-tenant lawyers at Hirsch & Hirsch can help. Please call today at 516-486-8500 for help.