There are many state and city laws that govern the drafting and enforcing of rental lease agreements. From the maximum amount that a landlord can charge for a security deposit to anti-discrimination provisions, these legal contracts exist to protect the best interests and rights of both the landlord and the tenant.
New York requires any tenancy that will last for 12 months or longer to be agreed upon in a written lease. A basic rental agreement will include the obligations of both the landlord and the tenant, the due date for making rent payments, the duration of the lease, the security deposit amount, and the property’s pet policy. Most rental agreements will outline which utilities will be covered by the landlord, if any. The landlord must provide the tenant with a copy of the rental agreement within 30 days of the agreement being finalized.
Every New York tenant dreams of a rent-controlled apartment. The Rent Guidelines Board in New York determines which apartments are entitled to rent stabilization, which can affect the percentage that a rent might be increased each year.
Rental Agreement Disputes
Rental agreement disputes can involve high stakes for the involved parties: landlords stand to lose a steady revenue stream, while tenants face eviction from their homes or the loss of affordable housing. Whether you’re a landlord or a tenant, it’s advisable to consult with an experienced real estate attorney to protect your best interests. Your legal representative will create a personalized legal strategy for you and pursue a favorable judgement should your case go to court.
There are many causes for disputes between landlords and their tenants. In cases where a tenant has failed to pay their monthly rent, the landlord can bring a non-payment dispute to recover unpaid rent or receive a judgement giving them the right to evict the tenant (a possessory judgment). In cases involving violations of the lease terms outside of not paying rent, the landlord can bring a holdover proceeding to secure the tenant’s eviction. Engaging in an illegal activity (such as selling drugs), operating a business within the apartment, overstaying the duration of the lease, posing a nuisance to other tenants, keeping unauthorized pets, and illegally subletting the apartment can give a landlord the right to initiate a holdover proceeding against the tenant.
If the issue involved in the lease violation might be easily fixed, the landlord might provide the tenant a “Notice to Cure”, which is written notice that the tenant’s actions violate the rental agreement. The tenant has a period of time, perhaps ten days, to remedy their actions. If the tenant fails to fix the issue or if the issue is beyond fixing, the landlord can serve the tenant with written notice of termination of their lease, a “Notice to Vacate”. The date by which the tenant must vacate the premises is generally one month from delivery of the notice. Holdover action in court begins once the tenant fails to vacate after the Notice to Vacate date has passed.
John M. Crane, P.C. Will Protect Your Best Interests In Rental Lease Agreement Disputes
Real estate attorney John M. Crane can assist clients in matters of lease disputes or violations, including possible evictions. State and local laws regarding rental lease agreements are complex and constantly changing. Protect your rights with the help of a New York real estate attorney at our concierge-style firm. We cater to your busy schedule and remove the hassle of paperwork and negotiation, all while looking after your best interests and keeping your informed.
Having an experienced real estate attorney at your side during a lease agreement dispute means you have an advocate for your rights who can attempt to resolve any issue quickly and efficiently. Should you need to settle a dispute through litigation, the legal team at John M. Crane, P.C. has the experience necessary to craft your best defensive strategy.
At John M. Crane, P.C., we handle real estate matters including rental agreement disputes on behalf of our busy clients in the New York area, including Westchester and Queens.
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