In New York State, on average, about 50% of properties in a given jurisdiction are rentals. Tenants and landlords are often seen fighting like cats and dogs, and a large part of that comes from the fact that they know more stories and rumors than NYS landlord and tenant law itself. Two caveats (“lawyers’ warnings”) before we begin: first, I can only speak to the constitution of the New York Chapter, as NYC and other states have separate laws, and two, inter-party firms can often create/transfer powers and duties in different ways. And, as always: the commentary below is intended to be of general educational nature on New York law and is not offered as nor should be taken as legal advice.
1. He says: “The house is mine, so I can do what I want.”
It is not true. If you rent a car, Billy Fuccillo (or your local mega-dealer) can’t come and use it every time you need a ride around town. If you are staying in a hotel for the night, the management cannot place another yoke. the same place if they are books. The examples are only by analogy, but the main ones are pressing. When you rent a unit with a tenant, you give them the right to use the premises as if they were the owners. Obviously, the tenant does not own the property, but the owner has rights and obligations related to the subject title to the land, including the ability to enter inspections, repairs, etc. The catch is that the entry must be in reasonable information. as the tenant has the right to the use and possession of the thing. Entry without permission, even if you own the property, can still make you a debtor before the law.
2. They hold: “I cannot be defeated, I have small children.”
It is not true. The law made no mention of family composition. If you are a tenant who has done something contrary to the aforementioned obligations to the landlord, then he or she will be able to evict you regardless of the type or arrangement. It should be noted, however, that the size or composition of the family is not the cause of eviction, unless the number of people exceeds housing or health characteristics.
3. They hold: “I have not had thirty days’ notice.”
In every situation, eviction is not required. In case of non-payment the whole eviction process can be in eleven days. The first step is to observe three days, to “pay or rest”. When you receive this tenant notice, you have three days to pay or leave. At the end of those three days, if you don’t have it, the owner can serve it with the court documents (petition and Notices of the petition are documents of the court in the eviction. The court of eviction then serves in twelve days and if you go to court and for any reason, the court will issue an eviction warrant, then you have 72 hours (three days) to get out or be extinguished by the sheriff/marshal/constable Minimum time from the first “pay” to the last “you’re out”: less than two weeks.
Just to confuse everything, there is a “thirty day observation.” If the landlord or tenant wants to terminate the tenancy, either party can give it. this kind of notice. What’s confusing is that, in upstate New York, it’s not literally “30 days,” but “until the end of the next full rental period.” What we want to do here is that this is not required in every case.
4. He says: “I’ll change your hair if you don’t pay.”
Above in § 3, I mentioned the process of eviction in case of non-payment. This is the process a landlord must follow any time he wants to get rid of a troublesome tenant. New York has banned self-help eviction. Which means any behavior to evict a tenant other than going through proper legal channels: changing the lock, turning off the utilities, removing the doors, putting the possessions in check, etc. Any of those behaviors can be etc. cause the tenant to sue for any costs and expenses associated with the illegal eviction, and under Real Property Actions and Laws Such damages may be tripled (tribled). Eviction in New York can only be done by court order, requiring the filing of a petition with the court for a hearing before the court.
5. Holding: “He can’t remove my rent that often.
It is not true. In upstate New York, there are no fixed or fixed rent laws. The owner is free to do whatever the market will support. However, if there is a lease, both parties to the lease agreements (except of course if the language provided allows for changes.) Even an oral agreement contract under the law, and one party cannot change it individually. If the owner wants to remove the rent, he has to give notice. If he likes it, then a revised contract is formed. If not you do, and you pay the original amount, the landlord can’t avoid you for not paying the difference. He can give you 30 days notice to terminate your equity, but you can’t evict when you still paid the previous contract. For example, if you called the Health Department because of a problem and the roach owner now says your rent $200 a month, consult an attorney. Changing the tenant’s conditions to make the premises safe/sound is not allowed. But there are many good reasons why the landlord should increase the rent and there are usually no exceptions to this action.
There, in summary, is a thread through five landlord issues that I see in my daily practice. As I said, this is not legal advice, if you have questions, find a local attorney who can tell you how things work in your neck of the woods.
