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LANDLORD AND TENANTS
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Understanding Landlord & Tenants Laws in New York
Eviction cases can be challenging for both tenants and landlords, often involving complex legal procedures and significant emotional stress. Whether you are a tenant facing eviction or a landlord seeking to remove a tenant, having an experienced attorney on your side can make a substantial difference. Megan Gallagher can provide critical legal advice, represent your interests in court, and ensure that the eviction process adheres to New York’s stringent laws.
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Eviction cases often involve intricate legal issues, making it essential to have professional legal assistance. Attorneys play several important roles throughout the eviction process:
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Navigating the Legal Process: The eviction process requires strict adherence to legal procedures. A knowledgeable attorney ensures that all documents, notices, and filings are done correctly and on time. They guide clients through each step, from issuing a formal eviction notice to representing them at court hearings.
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Protecting Tenant Rights: For tenants, an attorney is crucial in defending against unlawful or retaliatory evictions. Tenants may face eviction for non-payment of rent, lease violations, or other disputes. A skilled attorney can assess the legality of the eviction, identify potential defenses, and challenge the landlord's claims in court.
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Advising Landlords on Legal Evictions: For landlords, it’s important to follow the correct legal process to avoid costly legal battles or penalties. An attorney can help landlords issue proper notices, file lawsuits, and avoid illegal eviction practices. This ensures compliance with New York’s laws and reduces the risk of tenant disputes.
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Mediating Disputes: Attorneys can also act as mediators between landlords and tenants, negotiating solutions that avoid litigation. This might include arranging payment plans, fixing lease violations, or resolving other disputes amicably without court intervention.
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Representing Clients in Court: If an eviction case proceeds to court, an attorney’s expertise is invaluable. They will present evidence, make legal arguments, and advocate for their client’s best interests. In many cases, having professional representation can lead to more favorable outcomes for both landlords and tenants.
Why Megan Gallagher?
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Landlord-tenant disputes require careful navigation of complex legal rules, especially in a tenant-friendly state like New York. Whether you’re a tenant protecting your rights or a landlord enforcing your property agreements, having an experienced attorney is crucial.
Megan Gallagher stands out for her deep understanding of New York’s landlord-tenant laws and her ability to provide personalized, results-driven legal strategies. Her proven success in resolving disputes, whether through negotiation or court representation, makes her the ideal advocate.
Don’t navigate landlord-tenant disputes alone. Contact Megan Gallagher today for expert legal guidance and support.
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Extensive Legal Experience
Megan Gallagher, a seasoned attorney in landlord-tenant law, has extensive experience representing both tenants and landlords in New York. She defends tenants against unlawful evictions, discrimination, and unsafe conditions while negotiating favorable outcomes. For landlords, Megan Gallagher ensures compliance with strict regulations, drafts sound leases, and navigates housing court to protect property rights. Known for resolving disputes involving non-payment, lease violations, and rent stabilization, Megan Gallagher proven track record makes her a trusted advocate in landlord-tenant matters.
Whether you're a landlord seeking to resolve lease disputes, need assistance with eviction proceedings, or are a tenant facing unfair practices, Megan Gallagher provides expert legal guidance and dedicated representation to protect your rights and achieve the best possible outcome.
Key Eviction Laws in New York
New York’s eviction laws are some of the most tenant-friendly in the United States, especially in cities like New York City, where rent control and rent stabilization laws provide extra protections. However, there are statewide rules that both landlords and tenants must follow.
Landlords in New York can only evict tenants for specific, legally valid reasons.
These include:-
Non-payment of rent: If a tenant fails to pay rent, the landlord can begin eviction proceedings after providing the tenant with proper notice.
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Violation of lease terms: Tenants can be evicted for breaking the lease agreement, such as by damaging the property, engaging in illegal activity, or subletting the unit without permission.
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Holdover tenancy: If a tenant stays in the rental unit after the lease expires without renewing it, the landlord can seek eviction.
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Refusal of a lawful lease renewal or rent increase: In cases of rent-regulated units, tenants can face eviction if they refuse to sign a renewal or accept a lawful rent increase.
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Before a landlord can initiate an eviction lawsuit in New York, they must provide the tenant with a formal written notice.
The type of notice and the amount of time required depend on the grounds for eviction:-
14-Day Notice for Non-payment of Rent: If a tenant has failed to pay rent, the landlord must give them a 14-day notice to either pay the overdue amount or vacate the property.
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Cure or Quit Notices for Lease Violations: If the eviction is based on a lease violation, the landlord must issue a notice providing the tenant with an opportunity to “cure” the violation (e.g., remove unauthorized subletters or stop damaging the property) within a specific period, usually 10 days. If the tenant does not fix the issue, they must vacate the unit.
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30- to 90-Day Notice for Holdover Tenants: In cases where the lease has expired, or the tenant is renting month-to-month, the landlord must provide notice based on the length of the tenant's occupancy:
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30 days for tenants living in the unit for less than 1 year.
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60 days for tenants living there for 1 to 2 years.
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90 days for tenants living there for more than 2 years.
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If the tenant does not comply with the notice, the landlord must file an eviction lawsuit, known as a Summary Proceeding, in housing court. Both the landlord and tenant will have the opportunity to present their case before a judge.
Here’s how the process works:-
Filing the Lawsuit: After the notice period expires, the landlord can file a petition for eviction in housing court. The tenant will receive a court summons to appear at a hearing.
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Court Hearing: Both parties present their evidence and arguments. For tenants, an attorney can help raise defenses such as improper notice, retaliation, or housing code violations by the landlord. For landlords, an attorney can present evidence of non-payment or lease violations and prove that proper notice was given.
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Judgment: If the judge rules in favor of the landlord, the court will issue a warrant of eviction. The tenant is typically given a few days to vacate the property. If the tenant does not leave voluntarily, the landlord can request law enforcement to enforce the eviction.
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In 2019, New York passed the Housing Stability and Tenant Protection Act, which strengthened tenant rights and made the eviction process more challenging for landlords.
Key provisions include:-
Extended Notice Periods: The Act increased the notice periods for non-payment and holdover evictions, giving tenants more time to respond.
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Limits on Security Deposits and Fees: Landlords can no longer charge more than one month's rent as a security deposit and must return the deposit within 14 days of the tenant vacating the property.
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Eviction Moratoriums: During times of crisis, such as the COVID-19 pandemic, temporary eviction moratoriums have been enacted, preventing landlords from evicting tenants for non-payment.
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Right to a Fair Hearing: Tenants are entitled to a court hearing before being evicted, and they cannot be forcibly removed without a warrant of eviction issued by a judge.
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In New York, landlords must follow the legal eviction process. Any attempt to forcibly remove a tenant without going through the courts is considered an illegal eviction, and tenants are protected against such actions.
Illegal eviction tactics include:
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Changing the locks without notice.
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Shutting off utilities.
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Removing the tenant’s belongings.
Landlords who engage in illegal eviction practices can face significant fines and penalties, and tenants may be entitled to sue for damages.
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The information provided on this site is not legal advice and is not intended to be. You should consult an attorney regarding your specific situation. Contacting us does not establish an attorney-client relationship, so please refrain from sending confidential information until such a relationship is formed. Please note that the outcomes of legal cases depend on their unique facts and circumstances, and The Law Office of Jason Bassett, P.C. cannot guarantee specific results in any legal matter. Any testimonials or case results featured here are based on actual cases and reflect the outcomes of those particular cases, without guaranteeing, warranting, or predicting results for other legal matters. Privacy Policy | Terms of Service.