NYC Tenant Lawyer Blog

Do Your Homework Before Calling the Landlord

If you see that a problem you’re having with your landlord may develop into a full-blown dispute, research the issues before saying or doing anything rash. Frequently, difficulties between landlords and tenants cause tempers to flare; situations which could be handled better turn into bad blood and unnecessary legal expense.Start with the free information available from an Internet Search (but beware of inaccuracies). Of course nothing takes the place of advice from a competent tenants’ lawyer. But at least you’ll have an idea of the legal terrain. Read up on it so you don’t forfeit important rights without knowing about them. Solid information puts you in a stronger position to formulate a strategy for working toward an advantageous compromise in which both sides preserve what is most important.This strategy minimizes the risk of saying or doing something which may have unexpected consequences … and may even cost your tenancy.

Attention New York City Tenants: Get more more information on Landlord Tenant matters at the McAdams Law main site here.

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.

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

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Copyright 2012 McAdams Law

You Don't Owe Landlord Legal Fees Unless the Court Says So

If you litigate with your landlord and reach a settlement under which you will pay what you agree you owe, it does not automatically make you liable for the landlord’s legal costs. Unless you agree to it outside of the court’s ruling, only the court can award payment of legal fees. Until this has happened, you can’t be forced to pay for the landlord’s lawyer. However, this won’t stop some landlords, or their attorneys, from attempting to collect attorneys fees from you without a court order. Depending on the facts of your case, these attempts might violate certain Fair Debt Collection laws. It would be to your benefit to consult a lawyer about potential remedies available under these provisions, and what additional legal leverage you may have to help achieve a settlement.

Attention New York City Tenants: Get more more information on Landlord Tenant matters at the McAdams Law main site here.

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 2012 McAdams Law

Unique Claims That Can Be Argued

Landlord-tenant disputes can have unique facts. Sometimes unusual fact patterns seem to fall outside existing regulations. In making a determination, the judge may have discretion in applying the law.

For example, let’s say you are living in an apartment where the original leaseholder, a family member, moved out. Every year he or she renews the lease for you. You pay your rent directly to the landlord, on time every month by personal check. Further, the landlord has been fully aware of this arrangement when accepting every renewal lease. Now, you have a fight with the landlord, and next thing you know a set of eviction papers is taped to your door. The documents say you are not the leaseholder and must go.

Situations like this raise many issues. Are succession rights available to you? Maybe, maybe not. Is it a sublet, or were you a roommate? It depends. The point is, there’s room for interpretation. A skillful Tenants’ lawyer may know how to argue to your advantage, even when the law isn’t clear or fully on your side.

In this illustration, if properly argued, the judge may decide that since the landlord accepted your rent and renewals, while knowing of your presence and the original leaseholder’s departure, you are entitled to stay. A persuasive argument can make all the difference in the world to a successful legal outcome, even when the law doesn’t apply in the usual way to the specific facts.

Attention New York City Tenants: Get more more information on Landlord Tenant matters at the McAdams Law main site here.

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 2012 McAdams Law

Letters and E-mail with Proof of Sending

When you need to communicate with an unresponsive landlord to make requests or document facts, it’s best to follow up on conversations with standard paper letters, in addition to e-mail. You can send letters by certified mail, or with a “certificate of mailing” from the post office. In court, your position is stronger when you show that you gave notice as quickly as possible and sent reminders by every means available, including speaking in person, by telephone, sending electronically, and delivering by mail. Maintain a log recording the time and date of each event. Print out the email message indicating to what address you sent it and when, along with any electronic return receipt, so you can show hard evidence of notifying the landlord of your concerns. This comprehensive approach makes it difficult for the landlord to claim that e-mails, letters or other notifications were never received. Concrete records as evidence help to destroy the believability of denials of getting notice.

Attention New York City Tenants: Get more more information on Landlord Tenant matters at the McAdams Law main site here.

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 2012 McAdams Law

Have Proof of Returning Keys

When you end your tenancy and leave an apartment, you must return the keys to the landlord. It’s generally best to return the keys to the landlord or management office personally, and get a written receipt documenting their delivery. Another option is to give them back to an authorized agent in the presence of a witness you bring along with you. It’s better to give the keys directly to the landlord if possible, rather than the building’s super or someone of lesser authority. In disputes between landlords and tenants, supers often side with the landlord, and might do so even when there’s hard evidence of the keys changing hands. Personal delivery is preferable to mailing them back, even by certified mail. You want the strongest possible evidence that you delivered the keys on the date they were handed over. Legal proof of having returned the keys helps to protect you from the landlord later claiming the apartment was not actually vacated on the date you left. If the landlord can claim your occupancy continued into the following month, he or she may attempt to keep the security deposit, deem the lease as renewed when it wasn’t, or make you pay additional rent for supposed extra time in residence.

Attention New York City Tenants: Get more more information on Landlord Tenant matters at the McAdams Law main site here.

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 2012 McAdams Law

Landlord Roommate Law Abuse: When There's No Basis for Application Fees

Roommate arrangements are frequently short-lived. Often one person will move out unexpectedly, then another person moves in. Some landlords like to take advantage of tenants who lack knowledge of their rights, and charge an “application fee” for each new roommate that occupies the apartment.

However, you may not have to pay these extra charges. Landlords may not be justified in charging application fees if the tenancy doesn’t change. Tenants are allowed to live with immediate family members and one roommate who is not related by blood or marriage. If the name or names on the lease stay the same, the tenancy hasn’t changed, and there probably should not be an application fee.

Under certain conditions, when your landlord charges an application fee because you take in a roommate, you may be able to dispute it. That would involve explaining to him or her in writing that under the New York State’s roommate law you are entitled to have a roommate without it being a change in your tenancy, so there is no reason to charge an application fee.

However, as with many other Landlord Tenant cases, roommate situations are fact-specific, and can have individual or unique variants that are subject to interpretation or dispute. Depending on the facts of your particular circumstances, the landlord may be within his or her legal rights to conduct a background check. Issues concerning building security can arise, which is separate and distinct from whether or not there has been a change of tenancy. If a tenant’s proposed roommate has a criminal history, the landlord and other tenants could have reasonable concerns about the safety of the building and its residents. Consequently, the smart thing to do is to consult a Tenants’ attorney to discuss these factors prior to contacting the landlord.

If you live in a rent-stabilized apartment, sometimes roommate situations can involve succession rights or subletting laws. On the other hand, if you rent in subsidized housing (like apartments in the Section 8, Mitchell Lama, or NYCHA programs) for which your roommate does not qualify, or whose earnings change total household income, the roommate law does not trump those requirements. In either scenario, you would again be wise to review the details of your rental arrangement and lease with a tenants rights attorney, before speaking to or corresponding with the landlord.

Generally, before you put anything in writing to your landlord, it’s a good idea to have it reviewed by a lawyer knowledgeable in Landlord Tenant law first.

Attention New York City Tenants: Get more more information on Landlord Tenant matters at the McAdams Law main site here.

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 2012 McAdams Law