Landlord Services

Skilled Representation For Landlords

At the Law Office of Daniel Webster, we understand the complexities and nuances of New York real estate law, particularly as it pertains to residential landlords. Our seasoned team of legal experts have represented landlords in various matters such as lease negotiations, eviction procedures, and rent disputes, among others. With years of experience in navigating the legal landscape of New York, we are adept at strategizing effective solutions that protect the interests of our clients.

Our unique strength lies in our experience previously representing both landlords and tenants in past landlord-tenant disputes. This dual perspective grants us invaluable insights into anticipating the strategies and arguments that the other side may employ. By understanding the motivations and legal avenues available to both parties, we can craft a robust case strategy that leverages the strengths of our clients’ positions while mitigating any weaknesses. Contact us today to learn more about how our specialized expertise can benefit you.

Working With Landlords

As a landlord of residential properties, you no doubt have a lot on your mind and a lengthy to-do list. You shouldn’t spend any more time than necessary worrying about legal matters. That’s where we come in.

The attorneys at the Law Office of Daniel Webster are ready to partner with you on issues related to lease enforcement, eviction and code compliance. Our services include assistance with:

  • Evicting tenants who have stopped paying rent
  • Evicting holdover tenants
  • Suing tenants for property damage or back rent
  • Drafting and reviewing lease documents

The laws governing rental properties can be complex and nuanced, with strict compliance with the laws and regulations required. Don’t go it alone. Before you take major action against tenants, it is wise to confer with an attorney.

New York Landlord/Tenant Laws Overview

The tabs below contain some additional information on New York’s Landlord/Tenant laws.

  • Statutes
  • Avoiding Possible Penalties
  • Procedural Strategies

At the Law Office of Daniel Webster, we pride ourselves on being experts in New York’s complex real property landscape. Our deep understanding of the New York Real Property Law, including the specialized Articles 7 and 7-A, equips us to guide you through any legal challenges. We are also proficient in navigating the intricacies of the Real Property Actions and Proceedings Law, specifically Article 7, which is crucial for eviction proceedings. If you reside in a multiple dwelling in a major city or are interested in rent stabilization options through New York City Rent Control Law or the Emergency Tenant Protection Act, we have you covered. Moreover, we are committed to fair housing and can help you understand your rights and protections under New York State Human Rights Law and the Federal Fair Housing Act. The Tenant Protection Act of 2019’s recent changes are also within our scope of expertise.

New York State Landlord/Tenant Statutes

Note: Our strategies are individually tailored, as we understand that each case is unique and deserves a specialized approach pending a thorough review.

At the Law Office of Daniel Webster, we excel in navigating the complex landscape of landlord-tenant law in New York, especially when it comes to possible penalties. Whether you’re facing issues related to the Warranty of Habitability, Rent Overcharge Penalties, or even Discrimination Penalties, we bring a wealth of experience to help you understand your legal obligations and protect your interests. Our firm is skilled in advising clients on a broad spectrum of penalties, from monetary fines for improper eviction procedures to serious repercussions like civil and criminal liabilities for harassment or discrimination.

Fines for Warranty of Habitability Violations:

Failure to provide a habitable living environment can result in fines.

  • Penalty: Monetary fines, which can range from hundreds to thousands of dollars depending on severity.

Rent Overcharge Penalties:

Charging rent in excess of what’s permitted by law can result in penalties.

  • Penalty: Fines and/or obligation to refund excess rent collected, often with interest.

Improper Eviction Procedure Sanctions:

Evicting a tenant without following proper legal procedures can result in penalties.

  • Penalty: Monetary fines and potential civil liabilities, sometimes rendering the eviction null.

Retaliatory Eviction Repercussions:

Evicting a tenant as retaliation for legal activities can result in penalties.

  • Penalty: Fines, and the eviction may be reversed or invalidated.

Security Deposit Violations:

Failing to properly handle security deposits can result in penalties.

  • Penalty: Fines and an obligation to return the security deposit, sometimes with interest.

Discrimination Penalties:

Discriminating against tenants based on protected characteristics is illegal.

  • Penalty: Heavy fines and possible legal action for damages and suffering.

Harassment Charges:

Harassment of tenants is illegal and can result in charges.

  • Penalty: Fines, potential civil liabilities, and possible criminal charges.

It’s crucial to note that penalties can differ greatly based on the specifics of each case, which is why our legal strategies are tailored to fit the unique circumstances of each client. We are committed to providing you with personalized, rigorous legal counsel to help you navigate the legal maze of potential penalties in landlord-tenant disputes.

The Law Office of Daniel Webster is your premier source for legal counsel in the realm of landlord-tenant law in New York State. Our experienced team is well-versed in the complexities of New York Real Property Law, Real Property Actions and Proceedings Law, as well as the Rent Stabilization and Control Laws specific to New York City. From eviction proceedings to rent control, from lease violations to property disputes, we offer strategic legal solutions grounded in the latest statutes and case law.

Documentation and Records

Maintaining meticulous records of rent payments, correspondence with tenants, and lease agreements forms the bedrock of any landlord plaintiff strategy.

Late Payment Fees and Notices

Utilizing late payment fees as specified in the lease and sending formal notices can help build a case against a non-paying tenant.

Notices to Cure or Quit

Serving official notices to the tenant that provide them a certain period to rectify a violation or leave the property is often the first formal step in eviction proceedings.

Petition for Eviction

Filing a formal eviction notice in accordance with the Real Property Actions and Proceedings Law, specifically Article 7 which focuses on summary proceedings to recover possession of real property.

Legal Representation

Employing an experienced attorney to navigate the intricacies of New York’s property laws, especially if the case goes to court.

Expert Witnesses

In some cases, landlords might call upon property managers, repair service providers, or financial experts to testify on their behalf.

Local Ordinance and Code Compliance

Demonstrating compliance with local housing codes and regulations can strengthen the landlord’s position, showing they have met their responsibilities.

Security Deposit Claims

Using evidence such as photos or repair invoices to justify retaining a security deposit in cases of property damage.

Discrimination Avoidance

Being aware of and actively demonstrating compliance with New York State Human Rights Law and the Federal Fair Housing Act to avoid discrimination claims.

Rent Control and Stabilization

When applicable, landlords should be prepared to demonstrate compliance with New York City Rent Stabilization Law, Rent Control Law, or the Emergency Tenant Protection Act.

Please note that our strategies are custom-tailored, as we understand that each case presents its own set of unique challenges. Legal strategies may differ and are determined on a case-by-case basis, pending a thorough review of your specific circumstances.

Consult With An Attorney Today