Tenant Law

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Commonly Asked Questions about Tenant Law

What is the tenant Protection Act in NY?

Once a tenant vacates an apartment, the owner can legally charge up to the legal regulated rent to the next tenant, except under very limited circumstances. Owners may no longer apply a 20% increase to an apartment rent upon vacancy. Further, no Rent Guide- lines Board is permitted to set a separate vacancy increase.

Can a landlord terminate a month-to-month lease without cause in New York?

The termination notice does not need to specify why the landlord seeks possession of the apartment. Month to Month tenancies can be terminated by either the landlord or the tenant, for any reason, or for no reason at all, except if the reason is retaliatory (RPL 223-b).

How much time does a landlord have to give a tenant to move out in NY?

In New York 5 Page 9 City, 30 days notice is required, rather than one month. Landlords do not need to explain why the tenancy is being terminated, they only need to provide notice that it is, and that refusal to vacate will lead to eviction proceedings.

Can a tenant refuse entry to a landlord in NY?

Tenants have the right to privacy in their rented homes and can refuse entry to landlords who do not provide proper notice or have an illegitimate reason for entry. If this right is violated, tenants can take legal action to prevent continued violations and potentially seek damages.

What are my rights as a tenant in New York?

In New York City, tenants have many rights relating to the safety and quality of their housing. Tenants should expect to live in safe, well-maintained buildings that are free from vermin, leaks, and hazardous conditions. Laws protect tenants from harassment and discrimination.

How much notice does a landlord have to give a tenant to move out in NY?

Written notice must include: Termination date: The law says, the termination date must be effective no earlier than thirty days after the date on which the next rental payment is due (after the notice is delivered). The notice is considered delivered five days after mailing.

What rights do renters have in New York state?

New York tenant responsibilities and rights Living in a habitable rental that meets local and state health and safety codes. Having repairs made in a reasonable time after providing the landlord with written notice. Taking legal action like suing or filing a court order if the landlord commits a lease violation.