NYC Tenant Lawyer Blog

How to Deal with the Noisy Neighbor Problem

Tenants with a valid lease are entitled to quiet enjoyment of the property, whether their tenancies are rent regulated or “free market.” If a neighbor’s activities are a continual source of agitating amounts of noise for excessive periods of time, the landlord has an obligation to remedy the problem. You should make your complaint in writing, specifying the nature of the disturbance, times of occurrence, and duration. These situations become somewhat more complicated when you are renting in a co-op or condo. For example, in a rental unit the lease may require you to carpet 80% of the floor area. But let’s say the neighbor above you has hardwood floors and no such lease provision. In that instance, your landlord may not be able to do anything about children running back and forth all day and creating a commotion. In this or any situation involving ongoing, unreasonable levels of noise, you can ask the landlord to reduce the rent due to the diminished value of the premises. You’ll probably have to retain a Tenants’ lawyer and sue to get that abatement. If you go to Housing Court, you’ll be on the blacklist even if you win, so it may be better to move. Your attorney can help negotiate an early termination of the lease, which is sometimes the best option.

Please Note: Every McAdams Law Tenant Protection Tip and article is for informational purposes only and cannot substitute for legal advice. Before taking action, consult an experienced New York Landlord Tenant attorney about your situation. Beware that being a party in a lawsuit in New York City’s Housing Court can subject you to blacklisting. Please see more details here. Click here to see valuable Back Issues , conveniently organized by topic.

McAdams Law
305 Broadway, Suite 610
New York, NY 10007
212-406-5145
Fax: (212) 619-0714

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It's a bad idea to trust locks to a landlord...

A landlord is supposed to provide secure locks to your apartment when you move in. That means changing the locks from the previous rental, and giving you a new set of keys. If the landlord fails to change the locks and your apartment is burglarized, you can sue for damages. You’ll have to prove it caused the theft and establish the value of the stolen property. The problem is that if you sue, and your lease is unregulated, the landlord is not likely to renew it. You may be able to defend against eviction by claiming the non-renewal is retaliation for asserting your rights, but then you will be involved in two lawsuits. Depending on the language in your lease and how a judge rules, you may not get reimbursement of your legal fees. A better solution is to ask the landlord if you can add your own locks, and supply the building’s management with a set of keys, if they require it.

Please Note: Every McAdams Law Tenant Protection Tip and article is for informational purposes only and cannot substitute for legal advice. Before taking action, consult an experienced New York Landlord Tenant attorney about your situation. Beware that being a party in a lawsuit in New York City’s Housing Court can subject you to blacklisting. Please see more details here.

Click here to see valuable Back Issues , conveniently organized by topic.

McAdams Law
305 Broadway, Suite 610
New York, NY 10007
212-406-5145
Fax: (212) 619-0714

Attorney Advertising

Copyright 2010 McAdams Law

How to Dance the Sublet Tango: A Primer for Prime Tenants

If you intend to sublet your apartment in New York City and you are the prime tenant, which means the rent is paid in your name, there’s a multitude of important factors to consider. To ignore even one of them is to ask for trouble. The most critical point to keep in mind on any sublet transaction, whether your apartment is rent-regulated or a free market unit, is that you remain liable for most actions of the subtenants. This is the case even when you have the landlord’s permission to sublet. That being said, two problems occur frequently:

• The first issue involves timely payment of rent. If the subtenant fails to pay on time, you can be subject to eviction proceedings and lose your lease. Even if you’re not evicted, you could be liable for the landlord’s attorneys fees.
• A second difficulty is more common for non-regulated units, but is also applicable to rent-regulated leases. If the lease expires and isn’t renewed, you are required to deliver a clean, empty apartment at termination. Although the sublease may have a concurrent expiration date with yours, if the subtenant doesn’t leave within the required time frame, you could be responsible for paying rent afterwards, plus the landlord’s legal costs to evict. Be at least as careful in renting to others as the landlord was in renting to you.

You must also comply with certain rent regulations that are specific to subletting. If you have a rent-stabilized lease, current laws allow the landlord to charge a ‘vacancy allowance’ of up to 20%, over and above your monthly rent, for occupancy by a subtenant. You can charge 10% above the landlord’s charges if you rent the unit furnished. But since you remain legally responsible to the landlord for the rent, if your subtenant falls into arrears, you’ll have to make up the back rent, plus the vacancy allowance, to protect your tenancy.

If you live in an unregulated apartment, the lease may govern how much you can charge or how much you must share with the landlord.

Also, under Rent Stabilization, you can only sublet for a maximum of two out of any four years, without risking the end of your tenancy.

Taking all these potential liabilities into account, here’s a valuable tip: If the subtenant pays the rent to you, and you then pay to the landlord, you will know that the rent is actually paid and when.

Most leases require the landlord’s permission for subletting. State law governs when and how tenants must get that permission. By law, a landlord cannot refuse consent to a sublet unreasonably. However, if the subtenant’s financial profile is not as strong as yours, or if there are other valid reasons to turn down your request, you can be denied. The landlord has 30 days to notify you of a decision, once complete information on the sublease transaction is provided.

As you can see, subletting is a precarious dance in New York City. Be aware that if you don’t follow the steps precisely, you can jeopardize your lease.

Please Note: Every McAdams Law Tenant Protection Tip and article is for informational purposes only and cannot substitute for legal advice. Before taking action, consult an experienced New York Landlord Tenant attorney about your situation. Beware that being a party in a lawsuit in New York City’s Housing Court can subject you to blacklisting. Please see more details here.

Click here to see valuable Back Issues , conveniently organized by topic.

McAdams Law
305 Broadway, Suite 610
New York, NY 10007
212-406-5145
Fax: (212) 619-0714

Attorney Advertising

Copyright 2010 McAdams Law