Tenant Legal Rights

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Commonly Asked Questions about Tenant Legal Rights

What is illegal for a landlord to do in NY?

New York landlords must follow a strict legal process for evictions, which includes serving proper notices, filing a court action, and obtaining a court order before an eviction can take place. Self-help measures such as changing locks or physically removing a tenant are illegal.

Can a landlord evict you without going to court in NY?

In New York State, an eviction of a tenant is lawful only if an owner has brought a court proceeding and obtained a judgment of possession from the court. A sheriff, marshal or constable can carry out a court ordered eviction. An owner may not evict a tenant by use of force or unlawful means.

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

While it is not required, it is recommended to include the rent amount, rent due date, and lease length, along with other information in the lease agreement. To break a lease or change its terms, such as increasing rent, a landlord must provide a 60-day written notice for leases of a year but less than two.

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

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.

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.

How much notice does a landlord have to give to raise rent in NYS?

Before they can raise your rent (by 5% or more), the landlord must give you: 90 days notice if you have lived in your apartment two years or more. 60 days notice if you have lived in your apartment for more than one year. 30 days notice if you have lived in your apartment for less than one year.

What rights do tenants have without a lease in NYS?

Tenants without a lease agreement also have the right to privacy. The landlord cannot enter your rental property without your consent, except in emergencies or other legally allowed circumstances. The landlord must provide reasonable notice before entering the rental property for repairs, inspections, or other reasons.

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

If you have been living in your home for over a year, your landlord must give at least 60 days notice. If you have been living in your home for more than 2 years, your landlord must give at least 90 days notice. rent as a security deposit. When you move out, they must return the security deposit within 14 days.