A New York Real Estate Law Firm on Landlord/Tenant Issues
Both landlords and tenants have rights. If a conflict arises, it is important to understand the legal rights, the terms that any written lease provides, and any basic rights either party may have independent of the lease.
The Lease Agreement
Leases must comply with specific laws to be valid. An experienced real estate lawyer can draft one that accurately reflects the landlord’s intentions, while remaining within the bounds of those laws. Conversely, from the tenant’s perspective, it is important to fully understand the obligations required by the lease. It is a mistake to think all leases are created equal.
There are only a few reasons why a tenant can be legally evicted from the property he or she is occupying:
Nonpayment of rent
Remaining in the property without a lease (holdover)
Failing to adhere to a specific clause in the lease agreement (for example, having a pet, too many inhabitants on the property)
Additionally, your real estate attorney will guide you to follow the very specific procedures to ensure an eviction is legal and timely.
The landlord who wishes to evict their tenant must petition the court for an eviction notice that must be served on the tenant. Depending on the basis for the eviction, the tenant has a certain number of days to cure the problem to remain in the property. Typically, there is more time provided to cure a noncompliance issue than there is to pay back rent amounts owed.
What a Landlord Cannot Do
A landlord cannot take matters into their own hand and force out a problematic tenant. Specifically, it is illegal for a landlord to:
Threaten a tenant
Change the locks
Turn off the utilities
This is true even if the court awards a Warrant of Eviction. Only the sheriff can execute such a warrant.
Contact Us Today for Legal Advice on Landlord/Tenant Issues
Landlord/Tenant issues can be complex and the law requires adherence to precise rules for a proper, legal eviction. For all such matters, call the experienced real estate attorneys focusing on landlord/tenant matters at Richland & Falkowski, PLLC. at 212-390-8872.