If you are looking to move to New York City and you intend to lease the property you intend to live or work in, it would be a great idea to understand landlord-tenant laws in NYC. Our New York City landlord lawyers at Stark Law PLLC give you a beginner’s guide to help you navigate these laws and understand your Manhattan tenant rights.
Landlord Tenant Laws in NYC: What You Should Know
Security Deposits
Landlords in New York City are not required to collect a security deposit from you. There might be instances where it counts, but the deposit should not exceed the equivalent of a month’s rent in such situations. The landlords are also required to return the security deposit within two weeks of the tenant vacating the premises. On the flip side, a landlord might decide to withhold the security deposit when there are damages to the property or a breach(s) on the lease agreement.
Rental Agreement
You’d need a rental agreement if you plan on holding a tenancy for more than 12 months in New York. A typical rental agreement will contain information about the landlord and the lease, the description of the property, the terms of the lease, the amount payable as rent, the penalties for late rent payments, a detailed description of the space being leased, the responsibilities of both landlord and tenant, and the party liable for utility expenses, among others.
Rental Payment
The laws in New York allow a landlord to charge whatever they agree with a tenant as rent, once the rental space is not subject to rent stabilization. A lawyer who offers legal services for landlords is often a party to the transaction. Tenants can pay via any other payment method besides the electronic payment method. Upon receipt of payments, landlords must provide written rent receipts except where the tenant pays via a personal check. The written receipts must reflect the payment date, the amount paid, the duration for which the rent was paid, and the apartment number. However, tenants are entitled to withhold rent when the rental property fails to meet basic structural, health, and safety standards.
Late Fees and Grace Periods
There is no legal requirement for late fees, nor are there mandated grace periods in New York City. That said, the majority of the landlords in New York charge late fees. A landlord reserves the right to declare a tenant in default when they fail to pay their rent upwards to 10 days after it is due. Oftentimes, they do this using a landlord representation lawyer in NYC.
How A New York City Landlord Attorney Can Help
Why Specialized Expertise Matters
Landlord-tenant law is a highly technical and detailed area of practice. It’s crucial to work with an attorney who specifically focuses on landlord-tenant disputes rather than a divorce, criminal, or even general real estate lawyer. Even attorneys who handle property sales and purchases may not be familiar with the intricacies of housing court proceedings. Hiring an attorney without proper landlord-tenant experience puts you at significant risk of losing your case.
Benefits for Landlords
A qualified landlord attorney can assist property owners with eviction proceedings when tenants breach contracts, use the property for illegal purposes, fail to pay rent, disturb other tenants, or overstay their lease. Your attorney will handle legal documentation, represent you in court appearances, draft and review lease agreements, and ensure all filings are correct to avoid penalties from the court. This allows you to focus on running your business while knowing your legal interests are protected by an expert.
Benefits for Tenants
For tenants, an experienced attorney can help with HP proceedings against landlords who fail to make necessary repairs or comply with Department of Housing Preservation and Development violations. They ensure your rights are protected and that your landlord meets their legal obligations for maintaining safe and habitable living conditions.
Key Advantages of Legal Representation
Working with a New York City landlord attorney provides several critical benefits:
Eases the Legal Burden: Most people lack extensive legal knowledge. An attorney safeguards you and your properties through proper legal procedures, whether you’re drafting tenancy agreements, handling evictions, or defending against lawsuits.
Handles Complex Evictions: While some landlords attempt to handle evictions independently, the law requires precise procedures. If a tenant hires legal representation, you’ll be at a significant disadvantage without your own attorney. Self-representation often leads to procedural mistakes that can derail your case.
Court Representation: Attorneys understand court procedures and can appear on your behalf for most hearings, as courts typically meet during business hours. You’ll only need to attend when the case goes to trial or when you’re called to testify.
Saves Time and Money: Hiring an expert prevents costly mistakes and wasted time. Without proper legal knowledge, you may spend more money attempting to represent yourself in cases that might not even require a trial. Proper legal handling from the start prevents past issues from creating future problems.
Handles Unique Cases: While you might manage simple matters through mediation, complex disputes require the experience and insights that only a seasoned attorney can provide.
Cost-Effective Dispute Resolution
The best landlord attorneys in NYC are committed to resolving disputes efficiently and cost-effectively while keeping their clients’ best interests in mind. With in-depth knowledge of state and federal laws governing landlord and tenant rights, experienced attorneys can navigate even the most challenging cases successfully.
Contact an Experienced New York City Landlord Attorney Today
Do you need advice about evicting a tenant in NYC? Or do you need the services of a seasoned lawyer to help with landlord-tenant issues? Stark Law PLLC is here for you. We offer a free fifteen-minute consultation with an experienced attorney for NYC landlords. Take advantage of this offer today by calling NY’s leading landlord-tenant law firm at (718) 792-1200.