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.

If you have questions about a landlord tenant issue, please call the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620.