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!
How do I serve 30 day notice to quit?
A 30 day notice is a predicate notice that must be served before beginning a holdover eviction action.
In NYC:
The 30-day notice is generally served by a process server.
Outside of NYC:
The 30-day notice is generally served by certified mail.
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 consultation with a Landlord Tenant attorney!
You, as the landlord, might have to pay to move and store your evicted tenant’s belongings. This can be extremely expensive (we are talking about thousands of dollars here).
The good news:
- Not all NY counties require the landlord to pay for the moving and storage of an evicted tenant’s belongings.
The bad news:
If your county requires the landlord to move and store an evicted tenant’s belongings:
- You will likely have to hire a licensed and insured moving company.
- You will likely have to pay for storage at a commercial facility.
We proudly assist residents of Long Island (Nassau county, Suffolk county) and New York City (Queens, Brooklyn, Bronx, Staten Island, Manhattan) with their landlord tenant matters. We are conveniently located in the heart of Nassau County, Long Island, at 393 Jericho Tpke., Ste. 208, Mineola, NY 11501.
Call (516) 858-2620 to arrange a FREE landlord tenant consultation with an attorney!
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