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Landlord Tenant Law FAQ

New York City Landlord Tenant Law

1Q.
I currently live in a three-bedroom apartment for the past five years. The apartment is not rent-controlled or rent- stabilized. My lease expires next month. I have made numerous calls to the landlord requesting for a new lease. The landlord has refused to return my calls. What are my options? Can I require the landlord to provide me with a new lease?

1A.
Since the apartment is not rent-controlled or rent-stabilized, the landlord is not required under the law to provide you with a new lease. Once your lease expires next month, you will be considered a month-to-month tenant, and the landlord will only be required to provide you with thirty days' notice to vacate the apartment.


2Q.
I told my friend he could stay at my apartment for a couple of days. To my dismay and anger, it has been over two months and my friend is still here. My so-called friend refuses to pitch in with paying any food, rent, or electricity. I am ready to put him out in the street. Is this the right way to handle the situation? Can he sue me later if I throw him and his things out in the street?

2A.
A better approach is to seek legal action in court, to evict your friend. You will need to consult with an attorney regarding the proper notices that should be served on your friend. You should not resort to self-help since your friend can sue you in court for throwing him out without serving him proper notice. In addition, you do not want to be responsible for any damage and/or missing items belonging to your friend.


3Q.
The landlord refuses to provide me with heat and hot water for the past week. I have complained to 311 and I just received a notice from the landlord evicting me? Is this legal?

3A.
Under the law, the landlord is required to provide you with heat and hot water. You should review your legal papers and speak with an attorney regarding your matter. A defense used in similar cases is the defense of retaliatory eviction. Retaliatory eviction occurs when the landlord is retaliating against a tenant who complains about the lack of services the landlord is required, but fails to provide. Since every case is different and may be based on varying facts, it is recommended that you speak with an attorney to better assist you.


4Q.
I am a Section 8 tenant and I live in a two-bedroom apartment in Brooklyn. The rent is $1188, but I agreed to pay the landlord $150 in addition to the rent. The government pays $972 and my share of the rent is $216. I cannot afford to pay the extra $150 and have fallen behind payments the last four months. Can the landlord sue me to collect the extra $150 plus my share of the rent?

4A.
Your landlord can sue for the non-payment of your share of the rent. The landlord can start a summary proceeding against you in civil court to collect the past four months of rent. The landlord, however, cannot sue you for the additional $150 since this money was not part of the lease agreement. You should carefully review the terms of your lease agreement since any agreement to pay additional money could affect your rights and responsibilities as a Section 8 tenant.

If you have any other questions regarding New York City landlord tenant law, please do not hesitate to contact our landlord tenant lawyer in NYC here at the firm.

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The Law Office of Tamara I. Jordan P.L.L.C. - Landlord Tenant Attorney NYC
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