In New York, tenants have numerous rights under state and local laws about property. These laws are designed to protect them from unjust practices by landlords. For instance, it is unlawful to refuse to rent to a tenant based on race, religion, age, sexual orientation, or disability. As per laws about property, landlords must also return security deposits within a specific timeframe and provide amenities such as heat, hot water, and power. In compliance with laws about property, landlords cannot increase the rent during the term of a lease and must provide tenants with written notice when they intend to terminate tenancy or propose a renewal lease that includes a rent increase. There are also specific laws about property that regulate eviction processes.
Landlords must maintain a habitable apartment, which means the heating functions, the plumbing is in good condition, and there are no issues with mold or rodents in the building. Under the laws about property, landlords must also conduct routine maintenance and provide services or conditions that are expressly or implicitly included in the lease or rental agreement, such as a working smoke detector. If the landlord fails to adhere to these requirements, the tenant can file a housing violation lawsuit under the laws about property.
If a tenant breaches the terms of their lease or rental agreement, they can be evicted by the owner. Under laws about property, in most cases, the owner must file an eviction lawsuit within 14 days after receiving notice that the tenant has failed to pay their rent. A tenant might avoid eviction by paying their rent and presenting proof of income. A judge will then decide if the rent payment is valid and if there are other grounds to proceed with the eviction according to laws about property.
The laws about property governing the rights of residential tenants are constantly changing. If you believe your landlord is infringing upon your rights, you should seek legal assistance promptly. Common reasons people sue their landlords include refusal to return a security deposit, not making necessary repairs, entering the property without adequate notice, and other violations of laws about property.
New laws about property have introduced additional protections for tenants who move out before their lease or rental agreement expires. Previously, landlords weren't expected to attempt to re-rent the unit before seeking the remaining rent payments from a former tenant. Now, according to laws about property, landlords must try to mitigate damages when they re-rent the apartment.
While this article offers a general overview of laws about property and landlord-tenant laws in New York, there are other specialized rules that apply in areas with rent control or rent stabilization and for mobile homes. These "special" laws about property are beyond the scope of this article and should be discussed with a legal expert or your local government.
A commercial property refers to any real estate utilized for income generation, such as malls, offices, and retail stores. Commercial property may also include buildings or land meant for industrial, recreational, agricultural, governmental, or other non-residential use. When dealing with commercial properties, understanding and abiding by the specific laws about property is crucial to evade potential litigation.
The guidance of an experienced attorney can help navigate the laws about property and prevent legal problems. Such professionals can review your lease agreement, pinpoint any clauses that might be invalid, and explain how the laws about property apply to your situation. Moreover, if you are involved in an eviction action, a legal advisor can assist in filing a motion for a stay of the eviction action, following the laws about property.
Significantly, commercial leases in New York differ from residential leases under the laws about property. For instance, commercial tenants don't possess the same statutory protections as residential tenants, such as the Duty to Mitigate or Warranty of Habitability. Also, the laws about property do not grant statutory rights for commercial tenants to sublease or assign their leases. For this reason, commercial tenants should negotiate and read their lease agreements carefully, bearing in mind the laws about property.
Furthermore, according to laws about property, commercial tenants can expect to see various additional clauses in their leases not included in residential leases. For example, the landlord can incorporate permitted use language defining what type of businesses are allowed to operate in the space. The landlord can also include other requirements based on the business's industry, such as a requirement that the tenant have specific fire safety measures, grease traps, and vermin treatments. Additionally, commercial tenants may be subject to zoning regulations, in compliance with laws about property, requiring them to adhere to food service rules.
Usually, landlords attempt to make this permitted use language as narrow as possible, to control the type of tenant that occupies the space. However, guided by laws about property, the tenant should aim to get as broad a description as possible. This strategy protects the tenant's interest and ensures that the landlord cannot restrict their business later.
Other differences between commercial and residential leases under the laws about property include rent controls, utility bills, and heat laws. Moreover, commercial leases can include double net (NN) leases, requiring that the tenant pays the base rent, property taxes, and property insurance. The landlord remains responsible for structural repairs and common area maintenance charges (CAM).
Therefore, understanding the laws about property and their responsibilities is vital for both commercial landlords and tenants. An experienced attorney can assist with negotiating and reviewing commercial leases, and represent both parties in eviction proceedings, following the laws about property. Consulting with a legal advisor can provide a thorough evaluation of your case, identify any issues, and recommend the best course of action, all guided by the laws about property.
If a government declares an urban area "blighted," it possesses the authority to bulldoze blocks and compel residents to relocate. Moreover, it can construct new towers that surpass size and height limitations established by standard city planning rules. This sort of redevelopment, as defined by the laws about property, can foster job creation and enhance housing options for residents in urban areas. However, it's not without controversy. The dispute between YIMBYs (proponents of such development) and NIMBYs ("no, not in my back yard") is intense, and it's often ambiguous whether the benefits surpass the costs.
To safeguard your rights as a property owner, it's critical to comprehend the process of eminent domain and related laws about property. The government doesn't merely show up and announce they're taking your land. Instead, they adhere to a meticulously defined procedure under the laws about property. For instance, they must demonstrate that a project will serve a public purpose, such as constructing an interstate highway to alleviate traffic congestion. Following this, under the laws about property, they must offer you a fair price for your property. If you believe the government's valuation of your property is too low, you can challenge it under the laws about property.
Typically, the governmental agency eyeing your property will employ its own appraisers to assess your land or property's value, and then argue before a judge, in line with the laws about property, that its assessment is correct. The judge will then review the evidence and determine whether or not the governmental entity possesses the legal right to acquire your property under the laws about property.
Many property owners express fear that the government will attempt to use eminent domain, per the laws about property, to take over their homes and hand them over to corporations for "economic development."
Residents should stay vigilant for any future developments regarding eminent domain and ensure they understand their rights as property owners under the laws about property. If you're contacted by a government representative about a potential eminent domain case, it's advisable to consult with an experienced attorney for advice, bearing in mind the laws about property.
Avenue Law Firm
99 Park Ave 10th Floor, New York, NY 10016, United States
(212) 729-4090