Landlord & Tenant

Practices / Landlord & Tenant

Our lawyers represent landlords and tenants in both commercial and residential legal issues, including lease negotiations and disputes.

It is critical to have a lease that addresses any issue that might arise during the tenancy. Unfortunately, not all leases adequately address every possible complication. That is why the assistance of a skilled attorney is crucial for landlords and tenants alike.

Assignment and Subleasing

Landlords and tenants must reach a clear agreement concerning the tenants’ right to sublease or assign a property. When assignment and subleasing disputes occur in a commercial setting, these issues often involve tenants who are interested in selling their business. Other times, a tenant wants to make sure that a new landlord adheres to the assignment and sublease terms in an existing contract.

Damages

In a perfect world, rented commercial and residential property would never be damaged or destroyed. In reality, it is common for fires, floods, and other unforeseen events to either partially or fully destroy properties.

In these situations, tenants and landlords can quickly find themselves in heated disputes about how insurance proceeds should be allocated, how long tenants must wait before they can cancel a lease or other uncertainties about how to respond to property damage.

Discrimination

Tenants in New York have certain rights, which can include a right to privacy as well as the right to be free from discrimination, harassment, and retaliation by a landlord.

If you are disabled, you have additional rights to make sure that you can enjoy your residential lease. If a landlord violates these terms, an experienced attorney can help you hold the landlord accountable.

a large amount of unsecured debt, a debt settlement attorney can assist you with reviewing your financial situation, and negotiate with creditors to help you overcome your financial burden.

Rent

Not only must landlords and tenants agree on the amount of rent that is due, but issues can also arise concerning the method of delivery and due date of rent.

In commercial leases, there are several types of rent, including base rent, percentage rent, and additional rent that includes common area maintenance charges, taxes, and insurance. It is not unheard of for commercial disputes to involve thousands of dollars when disputes arise involving these terms.

Evictions

New York State enacted several changes to the eviction laws in 2019. An experienced attorney can advise both landlords and tenants regarding notice requirements, procedures before and after the court appearance, as well as how to handle court appearances.  It is best to have legal representation advise the landlord or tenant on how to navigate this often confusing process.

Required Disclosures

There are certain details that landlords must disclose about properties or the conditions of properties that would be material to tenants. If a landlord is uncertain about what conditions must be disclosed, a knowledgeable real estate attorney can help decide about what should be disclosed.

An attorney can also be helpful if a landlord failed to disclose certain details about a property.

Security Deposits

While most tenants are well-acquainted with security deposits, they often do not know that New York law limits the amount that a landlord can ask for as a security deposit. In commercial leases, security deposits often increase as rent increases.

Disputes often arise about how security deposits should be held, under what conditions the deposits can be used, and when the deposits must be returned.

Tenant Improvements

More often, an issue in commercial leases, premises sometimes need to be modified before they can be used by a tenant.

While landlords and tenants should always outline how much things will cost and how work will be performed, they do not always do so. In these disputes, an attorney can help determine what each party’s duty is when it comes to improvements and how costs should be handled.

Co-ops and Condominiums

Cooperatives (or co-ops) and condominiums follow different regulations than other housing situations. A co-op involves a mixture of both property ownership and property rental. This means that co-ops involve leases but that a person is also considered a shareholder in the co-op that owns the building.

Many unique issues can arise involving the rights of tenants and landlords in co-ops and condominiums, and an experienced attorney can help navigate these situations.

Speak with a Knowledgeable New York Attorney

Many complications can spring up between landlords and tenants. Fortunately, a skilled real estate lawyer can help. Contact Nave Law today by calling 855-349-NAVE (6283) to schedule a free case evaluation.

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