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Can I Sue My Landlord?
Under New York law, tenants have certain rights that should be upheld and landlords hold certain responsibilities that must be met. When landlords violate these civil rights or fail to fulfill their legal landlord duties, then the tenant may have the right to sue their landlord.
As a tenant, you should be able to expect that your apartment will be ready to move into as soon as your lease starts. You should also be able to demand that your landlord takes action to keep your apartment free of bedbugs, mice, or other types of infestation. Your apartment should also have standard heating capabilities during the cold winter season. Lastly, you should be able to enter into a leasing agreement with a landlord without feeling discriminated or harassed due to:
With the dense population in New York, you can believe that there are a high number of landlord tenant disputes. Here at the firm, we are intimately familiar with landlord and tenant law and we are committed to protecting tenants' rights. We have experience filing landlord lawsuits regarding the following issues:
In New York law, the language clearly specifies that landlords are legally required to exterminate bedbugs and take actions to clear out rats and mice for their tenants. In order to sue your landlord over this issue, you would have to prove that your home/apartment has become uninhabitable as a result of your landlord's negligence.
If your lawsuit is successful, then you may be able to recover compensation to help you find another apartment to live in. The court abides by "the warrant of habitability," which means that every residential lease is expected to encompass some sort of warranty stating that the property is fit to be a human residence. This means that the premises should not be rot with mold or infested by bedbugs, rats or mice.
If a landlord makes threats or use forceful tactics to get tenants out of their apartments, then the tenant now has the right to sue then in Housing Court. Threats could be defined as anything that interferes or disturbs the peace and quiet or comfort of a tenant.
Before filing a lawsuit, it is important that you read through the terms and conditions of your lease very carefully. However, your first step should be to consult with a tenant lawyer in NYC to see if you have a sound case.
Here at The Law Office of Tamara I. Jordan P.L.L.C., we specialize in landlord and tenant law and we can diligently protect your tenant rights in court. If your landlord has breached the contract in any way, then you should see about taking legal action. Speak with a landlord-tenant attorney at our NYC office today, so we can review your case!
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The Law Office of Tamara I. Jordan, PLLC is located in New York, NY and serves clients in and around Brooklyn, New York, Long Island City, Sunnyside, Maspeth, Woodside, Middle Village, Astoria, Ridgewood, Elmhurst, Staten Island, Jackson Heights, Rego Park, Woodhaven, Jamaica, East Elmhurst, Ozone Park, Corona, Forest Hills, Bronx, Howard Beach, Bronx County, Kings County, New York County and Richmond County.
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