Illegal Lockout
I signed the lease and made the required rental payment, but the Landlord won’t let me move into my apartment.
We have seen this scenario before.
First, you should ALWAYS get a signed copy of the lease (signed by you and the Landlord).
Second, there is a major difference between not being able to turnover possession of an apartment, and unjustifiably refusing to turnover possession of an apartment.
Not being able to turnover possession of an apartment
This commonly occurs when an existing tenant fails to vacate the apartment at the expiration of their lease. The Landlord is then forced to bring a “holdover” action against the existing tenant. Thus, your entry into your new apartment is delayed. Most leases contain a clause which states something like: “The failure of Landlord to give Tenant possession of the Unit on the Commencement Date shall not create liability for Landlord.” You may not have any legal recourse in such a case. However, the facts should be closely examined by you and an attorney (if necessary).
Unjustifiably refusing to turnover possession of an apartment
This sometimes happens when a Landlord finds someone willing to pay a higher rental amount after already having signed a lease with you. Under these circumstances, the Landlord would likely be in breach of contract for unjustifiably refusing to place you in possession of the apartment.
Legal Advice
You may want to contact an attorney for legal advice if you are in a situation where a landlord has refused to turnover possession of an apartment to you. This is not legal advice.
New York Landlord Tenant Attorney
The Law Firm of Vaughn, Weber & Prakope, PLLC, can be reached at (516) 858-2620.
Self-Help Eviction
What is “Self-Help” Eviction?
“Self-help” evictions occur when landlords lock tenants out of their apartments because they haven’t paid rent. Landlords may also attempt to force tenants out by moving tenants’ property, shutting off utilities, harassing tenants, or otherwise allowing rental property to become uninhabitable in retaliation for unpaid rent.
Self-help eviction is illegal in New York. The only legal way landlords can evict tenants is by going to court. Any other strategy may open the landlord up to liability.
Only evictions ordered by Judges are legal. Evictions are major events, and could render entire families homeless. While the legal eviction process might seem lengthy from the perspective of a landlord whose tenant isn’t paying rent, allowing landlords to evict tenants without court approval would leave too much room for abuse.
Nassau County Landlord Tenant Attorneys
The Law Firm of Vaughn, Weber & Prakope, PLLC has handled many landlord-tenant disputes. Call 526-858-2620 today to schedule a free consultation.
Eviction Rules Fluctuate
Eviction rules fluctuate between the counties of New York State. There has been an increasingly high volume of calls from landlords who live in one county but have rental properties in another county. This causes issues where the landlord has one understanding of the eviction procedure for where he lives, but that procedure differs significantly from the procedure in the county in which their rental property is located. These differences run along a wide variety of topics including whether or not the landlord should be present as the sheriff or marshal executes a warrant of eviction. Not knowing the rules for the county in which you are planning on litigating in, can lead to penalties that range from fines to jail time. It is always advisable to speak with an attorney before commencing legal action. As always, feel free to contact us with any questions or concerns involving evictions in your county at (516) 858-2620!
Long Island Landlord Tenant Attorneys
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!
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