The New York Landlord's Law Book

by Hallenborg, Mary Ann; Stewart, Marcia; Portman, Janet; Stewart, Marcia; Portman, Janet

• ISBN13: 9780873375399
• ISBN10: 0873375394
• Edition: CD
• Format: Paperback
• Copyright: 1999-11-01
• Publisher: Nolo.Com

Table of Contents

Introduction
How to Choose Good Tenants and Avoid Discrimination Complaints
Avoiding Fair Housing Complaints and Lawsuits	p. 3
Legal Reasons for Rejecting a Rental Applicant	p. 4
Fair Housing Laws Define Illegal Grounds for Rejecting Tenants	p. 8
Penalties for Housing Discrimination	p. 17
Advertising Your Rental Property	p. 19
Renting Property That's Still Occupied	p. 21
Dealing With Prospective Tenants	p. 22
Checking References, Credit History and More	p. 28
Choosing--And Rejecting--An Applicant	p. 34
Commissions and Finder's Fees	p. 36
Holding Deposits	p. 37
Preparing Leases and Rental Agreements
Which Is Better, a Lease or a Rental Agreement?	p. 2
Using the Lease Forms in This Book	p. 4
Completing the Lease or Rental Agreement Form	p. 5
Signing a Lease or Rental Agreement	p. 28
New York City Window Guard Rider	p. 29
New York State ("ETPA") Rent-Stabilized Rent Notice	p. 29
Lease Forms and Riders for New York City Rent-Stabilized Units	p. 31
About Guarantors	p. 36
How to Prepare a Renewal Lease for Rent-Stabilized Tenants	p. 38
Basic Rent Rules
How Much Can You Charge?	p. 2
When Rent Is Due	p. 3
Where and How Rent Is Due	p. 5
Rent Receipts	p. 7
Late Charges and Discounts for Early Payments	p. 8
Returned Check Charges	p. 9
Partial or Delayed Rent Payments	p. 10
Raising the Rent	p. 12
Rent Regulation
Rent Stabilization	p. 7
Rent Control	p. 16
"Individual Apartment Improvement" Rent Increases	p. 24
Major Capital Improvement ("MCI") Rent Increases	p. 26
Senior Citizen Rent Increase Exemption (SCRIE)	p. 32
"High-Rent/High Income" Deregulation	p. 33
How to Deal with a Rent-Stabilized Tenant's Rent Overcharge Complaint	p. 34
Security Deposits
What's A Security Deposit?	p. 2
Last Month's Rent	p. 2
Dollar Limits on Deposits	p. 3
Dollar Limits on Deposits for Rent-Regulated Units	p. 4
Where to Put the Money	p. 4
When the Deposit Must Bear Interest	p. 5
When Interest Must Be Paid	p. 6
Changing the Security Deposit Arrangement	p. 6
Handling Deposits When You Buy or Sell Rental Property	p. 6
Hiring Supers, Resident Managers and Management Companies
Legal Reasons for Hiring a Super or Manager	p. 3
Hiring Your Own Super or Manager	p. 3
How to Prepare a Building Superintendent/Property Manager Agreement	p. 11
Your Legal Obligations as an Employer	p. 17
Management Companies	p. 21
Your Liability for a Super or Manager's Acts	p. 22
Notifying Tenants of the Super or Manager	p. 24
Municipal Registration Requirements	p. 25
Firing a Super or Manager	p. 26
Evicting a Manager	p. 29
Getting the Tenant Moved In
Inspect the Rental Unit	p. 2
Photograph the Rental Unit	p. 7
Send New Tenants a Move-In Letter	p. 8
Cash Rent and Security Deposit Checks	p. 11
Organize Your Tenant Records	p. 12
Apartment Sharing, Subletting and Assignments
Dealing with Co-Tenants	p. 3
Subtenants and Other Occupants	p. 7
Additional Occupants and the "Roommate Law"	p. 10
Sublets and the "Sublet Law"	p. 17
When a Tenant Wants to Assign the Lease	p. 26
Landlord's Duty to Repair and Maintain the Premises
Landlord's Legal Responsibility for Repairs and Maintenance	p. 3
How to Meet Your Repair and Maintenance Responsibilities	p. 11
Tenant Repair and Maintenance Obligations	p. 25
Tenant Responses to Unfit Premises: Paying Less Rent	p. 26
Tenant Responses: Calling Inspectors, Filing Lawsuits and Moving Out	p. 31
Avoiding Problems by Adopting a Good Maintenance and Repair System	p. 35
Landlord's Regular Safety and Maintenance Inspections	p. 40
Landlord's Right of Entry and Tenant's Right to Privacy
General Rules of Entry	p. 3
New York City Tenants Must Permit Entry for Repairs and Inspections	p. 3
Rent-Regulated Tenants Must Give Access For Repairs, Improvements, Inspections and Showings	p. 4
The Best Approach to Giving "Reasonable" Notice	p. 5
Entry in Case of Emergency	p. 5
Entry to Make Repairs	p. 6
Entry to Inspect Unit	p. 9
Entry During Tenant's Extended Absence	p. 9
Entry to Show Property to Prospective Tenants, Buyers or Lenders	p. 9
Entry by Others	p. 11
Other Types of Invasions of Privacy	p. 12
What to Do When Tenants Unreasonably Deny Entry	p. 14
Tenants' Remedies If a Landlord Acts Illegally	p. 15
Dealing with Environmental Hazards
Lead	p. 2
Asbestos	p. 11
Refrigerants	p. 16
Radon	p. 17
Collecting Overdue Rent
What's A "Rent Demand"?	p. 2
Written Rent Demands: The "Three-Day Notice"	p. 3
How to Fill Out a Rent Demand Notice	p. 4
How to Deliver A Rent Demand Notice	p. 8
Proof of Service	p. 12
Oral Rent Demands	p. 17
Calculating the Tenant's Deadline to Pay or Leave	p. 18
Accepting Rent After You Deliver a Rent Demand Notice	p. 19
If the Tenant Won't Pay Rent (or Leave)	p. 20
If the Tenant Is Chronically Late Paying Rent	p. 20
Terminating Month-to-Month Tenancies
How Month-to-Month Tenancies End	p. 4
Terminating Month-to-Month Tenancies Within New York City	p. 4
Terminating Month-to-Month Tenancies Outside New York City	p. 10
How Much Notice the Tenant Must Give to End Tenancy	p. 13
When No Notice Is Required to End Tenancy	p. 15
Accepting Rent After a Termination Notice Is Given	p. 17
Grounds for Terminating Fixed-Term and Rent-Regulated Tenancies
Basic Termination Notices and Terms	p. 4
Termination for Violation of Lease Term	p. 5
Termination for "Immoral or Illegal Use or Occupancy"	p. 9
Termination For Nuisance or Objectionable Conduct	p. 11
Grounds For Removing Rent-Regulated Tenants	p. 13
Tenant's Right of Termination	p. 20
When a Tenant Volunteers to Leave	p. 21
Succession Rights to Rent-Regulated Units	p. 22
Retaliatory Evictions Prohibited	p. 25
How to Prepare and Serve Notices Terminating Leases and Rent-Regulated Tenancies
Termination Basics	p. 4
Who May Sign Notices	p. 10
Preparing a Notice to Cure	p. 10
Preparing a Termination Notice	p. 15
Notice of Non-Renewal for Rent-Stabilized Tenants	p. 20
How To Deliver Notices	p. 24
DHCR Filing Requirements for Rent-Regulated Tenancies	p. 25
DHCR Certificates of Eviction	p. 26
Returning Security Deposits and Other Move-Out Issues
Preparing a Move-Out Letter	p. 2
Inspecting the Unit When a Tenant Leaves	p. 5
Applying the Security Deposit to the Last Month's Rent	p. 6
Basic Rules for Returning Deposits	p. 7
Deductions for Repairs and Cleaning	p. 8
Deductions for Unpaid Rent	p. 10
Preparing an Itemized Statement of Deductions	p. 14
Mailing the Security Deposit Itemization	p. 18
If a Tenant Files a Complaint or Sues You	p. 19
If the Deposit Doesn't Cover Damage and Unpaid Rent	p. 24
Lawyers and Legal Research
Finding a Lawyer	p. 2
Types of Fee Arrangements With Lawyers	p. 4
Saving on Legal Fees	p. 5
Resolving Problems With Your Lawyer	p. 7
Attorney Fees in a Lawsuit	p. 9
Doing Your Own Legal Research	p. 9
Where to Find State, Local and Federal Laws	p. 9
How to Research Court Decisions	p. 12
Resources for New York Landlords
Sample Lease Forms and Riders for NYC Rent-Stabilized Units
How to Use the Forms CD
Tear-Out Forms
Index
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