You may be fortunate enough to own multiple real estate properties throughout New York. With this, you may choose to rent your properties to other New York residents as a full-time career or simply as a means to generate passive income. However, you must understand that there is nothing exactly “passive” about assuming the role of a landlord. That is, your job does not stop at simply finding renters to fill the units. Rather, you must actively keep up with these units and their inhabitants throughout their stays. Otherwise, you may find yourself in some legal trouble. Without further ado, please follow along to find out the legal implications for leasing residential property and how a proficient New York City real estate attorney at Zimmet Law Group, P.C. can step in should a legal dispute arise.
What are the legal implications for leasing residential property in New York City?
For starters, you cannot let anyone reside in your rental property without first establishing a lease agreement. This agreement must be in writing and enforceable for one year or longer. It should outline the responsibilities you and the tenant are expected to uphold throughout this year or longer timeframe. With this, certain landlord and tenant rights and responsibilities cannot be waived from the agreement. For example, you cannot exempt yourself from the responsibility of maintaining a safe, sanitary, and livable property. In turn, you cannot remove a tenant’s rights to a jury trial if you do not uphold this duty.
What happens if I enter a legal dispute with the tenant of my residential property?
If you believe that the tenant of your residential property violates your enforced lease agreement, you may take them to Housing Court. In short, the Housing Court is a legal forum for resolving landlord-tenant disputes. Of course, this is a specific legal procedure you must follow for this. First, you should file a complaint with the court, then serve your tenant with a copy of the complaint and summons. Ahead of your scheduled court date, you must collect a sufficient amount of proof pointing toward your tenant’s lease agreement violation. You must attend the court hearing and present your case effectively. If successful, you may just obtain a judgment allowing for eviction.
With this, it is worth mentioning that an eviction may be warranted for something other than your tenant’s failing to pay their monthly rent. While this may be the most common reason, any other lease agreement violation may have legal implications that constitute Housing Court proceedings. In conclusion, at Zimmet Law Group, P.C., we share the same goal as you, which is likely to ensure your landlord rights are always satisfied. So please do not hesitate to work with a talented New York City real estate attorney from our firm today.
