The Landlord's Legal Guide in New York

by Sember, Brette McWhorter

• ISBN13: 9781572481978
• ISBN10: 1572481978
• Edition: 2nd
• Format: Paperback
• Copyright: 2002-09-01
• Publisher: Sourcebooks Inc

Summary

Explains New York's landlord and tenant laws in simple language

Table of Contents

Using Self-Helf Law Books	ix
Introduction	xiii
General Principles of Landlord/Tenant Law	1	(6)
New York State Laws
Local Laws
Federal Laws
Legal Research
Fictitious Names
Creating The Landlord/Tenant Relationship	7	(20)
Screening Prospective Tenants
Federal Discrimination Laws
New York Discrimination Laws
Discrimination Against Pets
Agreements to lease
Leases and Rental Agreements
Problem Clauses
Options
Forms
Signatures
Backing Out of a Lease
Security Deposits and Rent	27	(8)
Applicability
Amount
Bank Account
Pet Deposits
Notice
Interest
Keeping the Deposit
Returning the Deposit
Suing for More
Special Rules
Last's Month Rent in Advance
Rent
Rent Regulations	35	(10)
Rules that Apply to Rent
Rent Control
Rent Stabilization
Lofts
Single Room Occupancy
Responsibility For Maintenance	45	(14)
Warranty of Habitability
Nonresidential Rentals
Residential Apartments
Single-Family Homes and Duplexes
Code Violations
Tenants' Rights & Responsibilities
Supers and Managers
Landlord Liability	59	(8)
Injuries on the Premises
Landlord's Warranty of Habitability
Protection from Liability for Injuries
Liability for Crimes on the Premises
Acts by Tenants against Nontenants
Strict Liability
Changing The Terms Of The Tenancy	67	(6)
Roommates
Assignment
Sublease
Rent Stabilized Rules
Sale of Property by Landlord
Raising the Rent
Modifying the Lease
Renewing the Lease
Problems During The Tenancy	73	(6)
Landlord's Access to the Premises
Violations by the Tenant
Retaliatory Conduct by the Landlord
Destruction of the Premises
Problems at The End of the Tenancy	79	(4)
Tenant Holding Over
Damage to the Premises
Property Abandoned by Tenant
Terminating A Tenancy	83	(14)
Termination
Tenancies with No Specific Term
Expiration of Rental Term
Employment Rentals
Early Termination by Tenant
Early Termination by Landlord
Special Rules for Public Housing
Death of Tenant
Options to Cancel
Evicting A Tenant	97	(24)
Self-Help by Landlord
Surrender or Abandonment
Settling with the Tenant
Grounds for Eviction
Nonpayment Proceedings
Holdover Proceedings
Using an Attorney
Those Who Can Sue
Court Procedures
Staying the Eviction
Tenant's Possible Defenses
Tenant's Possible Countersuits
Tenant's Appeal
Tenant's Bankruptcy
Landlord's Appeal
Satisfaction of Judgment
Money Damages and Back Rent	121	(4)
Making a Claim
Amount
Liens
Self Service Storage Space	125	(4)
Applicability
Agreements
Liens
Mobile Home Parks	129	(4)
Glossary	133	(8)
Appendix A: Resources	141	(4)
Appendix B: New York Statutes	145	(32)
Appendix C: Eviction Flowcharts and Legal Holidays	177	(4)
Appendix D: Forms	181	(78)
Index	259