Landlords Rights
The following questions about the landlords rights are often asked by both tenants and landlords:
Can a landlord change the locks to a tenant’s apartment? No, not unless they provide the tenant with a key to the new locks(s), the tenant has abandoned the apartment (proceed with caution, abandonment can be difficult to determine), or the landlord has lawfully evicted the tenant.
Can a landlord turn off the heat to a tenant’s apartment during the “heating season?” No, a landlord can not deliberately fail to provide heat to a tenant’s apartment during the heating season.
Can a landlord turn off the water to a tenant’s apartment?” No, a landlord can not deliberately fail to provide water to a tenant’s apartment.
Can a landlord throw a tenant and his/her belongings out on the street? No, not without a court order. And the Marshal or Sheriff would remove the tenant and his/her belongings (the landlord MAY have to pay for the moving and storage of the tenant’s belongings). Note: Police should be called in squatter and trespasser situations.
Can a landlord sue a tenant for unpaid rent? Yes, unless the tenant has filed bankruptcy or the landlord waived the rent arrears.
Can a landlord recover legal fees from tenant? Yes, if there is a clause in your lease which allows the prevailing party to recover attorneys fees.
Can a landlord sue a tenant for moving and storage fees? Yes, unless the tenant has filed bankruptcy.
The above sample answers are not “written in stone” and are not intended as legal advice. Every legal matter is unique and requires a thorough analysis before legal advice can be given.
New York Landlord Tenant Attorney
If you have questions about a landlord tenant issue, please call the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620.
Serve the 3 Day Notice
Serve a 3 day notice to cure or quit on a tenant who has failed to pay their rent.
First, you should look at your lease if one exists. The landlord may be required, by the lease, to serve the 3 notice in writing.
Otherwise, in New York, a 3 day notice to quit can be given to the tenant orally. If your lease requires that the notice be in writing, then the landlord may be required to have a friend or process server serve the 3 day notice. Some counties may allow the landlord to serve the 3 day notice via certified mail.
Call (516) 858-2620 to arrange a FREE consultation with a Landlord Tenant attorney!
If you are a landlord, you will eventually need to evict a tenant. Here are some things you should have at the ready:
- money to cover the mortgage if a tenant does not pay rent for several months;
- a well written lease that provides for additional rent and attorneys fees;
- a knowledgeable landlord-tenant attorney;
- a Multiple Dwelling Registration number (if required);
- certified copy of your MDR (if required);
- your original deed or a certified copy.
The above will help speed up the eviction process.
We proudly assist residents of Long Island: Nassau county, Suffolk county, New York City: Queens, Brooklyn, Bronx, Staten Island, and Manhattan with their landlord tenant matters.
Call (516) 858-2620 to arrange a FREE Landlord Tenant consultation with an attorney!
Clients often ask: “What amount can you settle my debt for?”
Our answer is almost always: “It depends on several factors.”
These factors include:
- the creditor
- the type of debt
- the age of the debt
- how many times the debt has been transferred
- the hardship claimed
- how the settlement will be paid out
Secured debts (i.e. mortgages, car loans) are much harder to settle than unsecured debts (i.e. credit cards, medical bills). Some debts can be settled for as little as 10%. However, there are creditors that insist on having a much higher percentage of the debt paid back. The creditor starts high, we start low. We never know exactly where the negotiations will end. Creditors have their target settlement amount, and we have ours.
So, no one can guarantee you that they will settle your debts for a sum certain. Be wary of any company that guarantees they will save you a bunch of money. We have numerous clients who have paid at least double our fee to a debt settlement company before coming to us. Many of these companies failed to deliver any results at all, or produced dismal results at best. What’s even more shocking is that none of the individuals understood the agreements they signed. They had no idea where their money was going!
If you choose to hire someone to settle your debts, please choose wisely!
Vaughn & Weber, PLLC proudly negotiates and settles debts for residents of Long Island, Nassau county, Suffolk county, New York City, Queens, Brooklyn, Bronx, Staten Island, and Manhattan.
Call (516) 858-2620 to arrange a FREE consultation with a Debt Settlement attorney!
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