Landlord-tenant disputes pose challenges for both landlords and tenants. Whether you are a landlord or tenant in Manhattan or the greater New York City area, you need an experienced real estate litigation attorney to protect your rights. That’s where Levy Goldenberg LLP comes in.
We work to help landlords and tenants resolve all types of disputes, from failure to pay rent to not maintaining the property in good condition. Our team works to resolve landlord-tenant disputes amicably through negotiations, but we will take legal action when necessary. Contact our Manhattan office today to speak with an experienced landlord-tenant dispute attorney.
Our Firm Handles All Types of Landlord-Tenant Disputes
Our firm has extensive experience representing both sides in all types of landlord-tenant disputes, including:
- Termination and eviction
- Lease terms
- Right to withhold rent
- Security deposit limits and returns
- Landlord access to rental property
- Tenant protection against retaliation
- Fair housing rights and discrimination
- Health and safety standards
Regardless of the landlord-tenant dispute facing you or which side you are on, we will provide informed representation and protect your rights.
Termination and Eviction
Eviction is more complicated than simply telling a tenant to leave. The landlord must serve notice on the tenant, who can then contest the eviction in Housing Court in the borough in which they reside. Our attorneys represent landlords when tenants in New York City fail to pay rent or refuse to vacate the premises after the lease expires and defend tenants against unjust eviction proceedings.
Lease Disputes/Security Deposits
Although leases spell out the rights and obligations of the landlord and tenant, disputes over the return of security deposits are common when it is time for the tenant to move out. Tenants often believe they will receive full payment of their deposit; however, landlords have the right to retain a percentage of the security deposit to repair property damage, recover unpaid rent, or other breaches of the lease.
Right to Withhold Rent/Health & Safety Standards
Lease agreements generally favor landlords; however, tenants have rights under federal, state, and local law. For example, if the landlord fails to maintain the property in a habitable condition, a tenant may be entitled to withhold rental payment until the landlord makes the repairs. While the landlord may sue for nonpayment, the tenant may have a valid counterclaim for breach of warranty. The court may grant a rental reduction if it finds the landlord breached the warranty of habitability.
Landlord Access to Rental Property
Landlords typically have the right to enter their properties for inspections, repairs, and maintenance under the lease. However, tenants have a right to privacy and enjoyment of the property and must have reasonable notice before the landlord enters the space.
Tenant Protection Against Retaliation
Landlords cannot retaliate against tenants for exercising a legal right, such as taking legal action against the landlord or complaining to a government agency about housing conditions. Unlawful landlord retaliation may involve terminating a lease agreement or threatening to evict a tenant.
Fair Housing Rights and Discrimination
Federal, state, and local laws prohibit housing discrimination based on race, color, national origin, religion, gender, disability, sexual orientation, gender identity, and other legally protected characteristics. In short, landlords are forbidden from discrimination by refusing to rent to someone who belongs to a protected class. The courts and the New York State Division of Homes and Community Renewal (DHCR) enforce fair housing laws.
Rent Control & Stabilization
Residential property in the New York City area is highly regulated and many apartments are rent-controlled or rent-stabilized. Tenants of rent-controlled properties are considered a protected class and have legal rights, regarding security deposit limits, rent increases, and evictions. If you are facing a landlord-tenant dispute involving rent-controlled property, having proper legal representation is essential.
Can You Sue Your Landlord in New York?
Yes, you can sue your landlord in New York, but it depends on the situation. Common reasons include failure to make repairs, safety hazards, or illegal eviction. It’s best to consult a tenant rights attorney to understand your specific options.
How Do I File A Complaint Against My Landlord In NYC?
The quickest way is to file a complaint with 311, either online or by calling. For specific issues like rent or harassment, you may need to contact the NYS Homes & Community Renewal or tenant protection agencies. Document everything with photos, emails, and receipts. If your issue is severe or unresolved, you should seek legal help as soon as possible.
What Rights Do Landlords Have in NYC?
Landlords in NYC have the right to collect rent, maintain their property, and make reasonable rules for tenants. They also have the right to evict tenants under specific legal grounds, but face strong tenant protections and eviction restrictions. While landlords have rights, they must also ensure their apartments are safe and habitable, respect tenant privacy, and avoid discrimination.
How Our Litigation Law Firm Can Help
Whether you are a landlord or a tenant, it takes an attorney with comprehensive knowledge of New York landlord-tenant law to protect your rights. When you work with us, we will explain your rights and responsibilities and explore all your options. We often advise clients to resolve landlord-tenant disputes through negotiations, but we have the skills and experience to represent your interests in Housing Court.
Contact Our Experienced Landlord-Tenant Dispute Attorneys in Manhattan
At Levy Goldenberg, we regularly handle all aspects of real estate litigation throughout New York City, including landlord-tenant disputes. Above all, our dedicated advocates work to achieve positive outcomes through negotiation or litigation. Trust us to provide powerful, effective representation, whether you are the plaintiff or defendant, landlord or tenant. Contact our office today for a consultation.
Levy Goldenberg LLP represents both landlords and tenants in disputes throughout New York, including Manhattan, Kings, Queens, Nassau, Suffolk, and Westchester Counties.