Legal issues related to real estate and the landlord/tenant relationship come in a variety of forms. In New York, these often include: Landlord/tenant disputes, such as those related to rental rates, late or unpaid rent, security deposits, disagreements about the habitability of rental property, and other tenant rights and landlord rights issues.
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– The attorneys of Himmelstein McConnell Gribben & Joseph LLP. Our law firm started in 1983 and has more than 241 combined years of experience in the field of tenant-landlord and real estate law. Few law firms have the experience we have in successfully representing thousands of New York City tenants in rent control and rent stabilization matters.
Jun 01, 2021 · Income Eligible. Whether you get a free lawyer depends on your income and how many people live with you. You can get a free lawyer if your yearly household income is less than the amount in the chart below. # of People in Your Home. Household Yearly Income. 1. $25,760. 2. …
For general questions, call the main number, 212-306-7450. To file a complaint, call the number for scheduling appointments, 718-722-3130.
Eviction for Nonpayment of Rent The notice must state that the tenant has 14 days to pay rent or move out of the rental unit. If the tenant does not pay the rent or move out of the rental unit within the 14 days, the landlord can begin eviction proceedings against the tenant (see N.Y. Real Prop.
It takes about 14 to 90 days from the issuance of the Notice to Vacate, depending on the reason for eviction and the lease agreement.Dec 22, 2021
You can sue your landlord in housing court to force them to make the repairs. This is a special kind of case called a "Housing Part" case, or more commonly, an "HP action" or "HP case." An HP action is a case that you file against your landlord when the landlord will not make repairs or provide services.
You could be sent to prison for 5 years or get an unlimited fine for renting property in England to someone who you knew or had 'reasonable cause to believe' did not have the right to rent in the UK.
The landlord must go to court, must win the case, and then must pay a fee to have a law enforcement officer properly evict you. This is true even if you owe rent, your lease has ended, if you live in a rooming house, or have stayed in a hotel room for at least 30 days.Nov 22, 2021
If the tenant intentionally fails to pay the rent amount (stated in the rental agreement) for more than 15 days after the due date, you can file the eviction suit. If the tenant has sublet an already rented house/flat/property to another person without your consent or acknowledgment.Dec 14, 2019
If there is no lease, either written or oral, a landlord still can evict you. This is because the lack of a lease means that you are in a month-to-month tenancy at will and must pay rent on a monthly basis, or more frequently if you have an agreement to that effect.Oct 18, 2021
If a tenant disagrees to leave even after the completion of the lease period, you can approach the Civil Court, under the jurisdiction of which your property falls. You may seek the eviction of your tenant but you will have to abide by the Court's decision, whether or not it is in your favor.Sep 30, 2016
You can make a formal complaint by writing a letter to your landlord. Explain your problem and what you want them to do to solve it. Tell them what rights you have and what you think they should have done. Talk to an adviser at your nearest Citizens Advice to find out what rights you have.
A rent abatement is an agreement between the landlord and the tenant that provides a period of free rent. During the abatement period, you are not required to pay rent to occupy your space. Often, the abatement period takes place over the first few months of the lease.Mar 12, 2020
What are the responsibilities of my landlord? Owners must ensure that buildings are safe, clean and well maintained, in both common areas and in individual apartments. Among other responsibilities, owners must provide and maintain security measures, heat, hot and cold water, and good lighting.
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For thousands of New Yorkers, rent control has played an irreplaceable role in their lives; without it, they would not be able to keep their houses, condos or apartments. But after decades, more and more developers are raising rents and justifying skyrocketing costs of living on rent stabilization.
We represent individual tenants and tenant groups who live in rent-stabilized and rent-controlled buildings concerning a variety of legal concerns including:
Whether you get a free lawyer depends on your income and how many people live with you. You can get a free lawyer if your yearly household income is less than the amount in the chart below.
Tenants with Holdover cases and Nonpayment cases get a free lawyer. Your court papers say the type of case. A nonpayment case is what an owner starts to collect rent. A holdover case is what an owner starts to evict a tenant for a different reason than nonpayment of rent. Learn more about Holdover and Nonpayment cases.
If you qualify for a free lawyer, visit About the Universal Access to Legal Services Law to find out how to get a free lawyer and what services you can get.
A maze of laws and regulations affects the interpretation and enforcement of leases in New York City. Our firm has the understanding and experience to assist both landlords and tenants with a wide range of legal issues.
Whether you need help evicting a tenant or taking legal action against your landlord, abogado David B. Schachter can help. To schedule a free consultation for most matters to discuss how we can assist you with your case, please contact our office today at 888-337-2679 or by e-mail.
James also issued a reminder that all evictions were suspended until June 19, 2020, last month, and that threats of eviction are illegal. She is asking anyone who has been threatened by their landlord to contact her office.
No Sher iff, Marshal or Constable can perform an eviction, even if there's an existing warrant. Landlords can’t increase rent in order to capitalize on the crisis. They can only increase rent when leases expire. For market-rate tenants whose lease is expiring, or month-to-month tenants, landlords must provide advance written notice ...
Landlords can’t discriminate against or evict a tenant because the tenant, or someone the tenant lives with, has COVID-19, or the landlord thinks they have COVID-19. If you think you’ve been discriminated against, email [email protected] or call 800-771-7755.
Landlords can’t legally withhold essential services like hot water or electricity over failure to pay rent. Call your local code enforcement office if your landlord does this. Call 833-503-0447 for information about whether or not to file a case against your landlord.
Under the American Rule, “attorneys’ fees and disbursements are incidents of litigation and the prevailing party may not collect them from the loser unless an award is authorized by agreement between the parties or by statute or court rule.”.
Dov Treiman discusses 'Krodel v. Amalgamated Dwellings,' a recent decision of the Appellate Division, First Department, which "inspires us to re-examine New York’s doctrine about recovering attorney fees in litigation."
For questions call 1-877-256-2472 or contact us at [email protected].
Krodel itself explores a corner of the “American Rule” that holds that one cannot recover attorney fees from an adversary in litigation absent an authorizing statute, rule, or contract, and finds that under certain circumstances, contract provisions authorizing the fees are unconscionable.