Representing Landlords And Tenants In Transactions And Disputes

Both landlords and tenants have important rights in residential and commercial leases. At the Napolitano Law PLLC, we work hard to protect those rights by providing vigorous legal representation to both landlords and tenants. Attorney Phil Napolitano is a respected, experienced Bronx-based lawyer serving clients throughout the New York City metropolitan area.

Taking cases on both sides of landlord/tenant law gives us a comprehensive understanding of the law and the best ways to protect our clients’ rights and arrive at a fair resolution to their disputes. If you are looking to draft a lease or require representation in a dispute about an existing lease, contact us to schedule a free initial consultation.

Legal Guidance While Drafting Your Lease

Residential and commercial leases are governed not only by standard contract law but also by specific laws that apply to the landlord/tenant relationship.

We have the experience to draft a lease agreement that accurately reflects your intentions and complies with the law. We can also scrutinize a lease agreement proposed by the other party and advise you as to whether the terms of the proposed lease are in your interests.

Clarifying Your Rights In An Eviction Or Another Type Of Dispute

Eviction — whether it’s instigated by non-payment of rent, violations of the terms of the lease or refusal of the tenant to leave after the lease has expired — is a complex process. Many landlords and tenants are not aware of their rights or the rights of the other party.

It is best not to take any action in a landlord/tenant dispute without legal advice. This applies not only to eviction disputes but also to disputes related to property damage and security deposit issues.

Keep in mind that if you believe your landlord is not living up to the terms of your lease, you should not simply withhold the rent. Consult with a qualified attorney before taking action.

New York Landlord-Tenant FAQs

Landlord-tenant relationships can sometimes get heated, especially when one or both parties don’t have a clear understanding of their rights and obligations. Here are the answers to some of the most common questions we hear:

What are a landlord’s obligations regarding property maintenance and repairs in the Bronx?

Landlords in the Bronx are required by law to maintain their properties in a habitable condition by:

• Providing heat and hot water
• Helping ensure the building is free from pests
• Maintaining electrical, plumbing and sanitary systems
• Keeping common areas clean and safe
• Making timely repairs to address issues affecting habitability

If your landlord fails to meet these obligations, you have the legal right to file a complaint with the pertinent government institutions.

What is the legal process for evicting a tenant in the Bronx?

Landlords must follow a specific legal process to evict a tenant:

• Serve a proper notice
• File an eviction petition with the housing court
• Serve the tenant with a notice of petition and petition
• Attend a court hearing
• If successful, obtain a judgment of possession and warrant of eviction

It is important to note that tenants have rights throughout this process, including the right to contest the eviction and seek legal representation.

Can a landlord enter a tenant’s apartment without permission in New York?

Generally, landlords must provide reasonable notice (usually 24 hours) before entering a tenant’s apartment, except in emergencies. Otherwise, unauthorized entry may be considered harassment under New York law.

What are the rules regarding security deposits in the Bronx?

New York law stipulates that:

• Security deposits are limited to one month’s rent
• Deposits must be held in a separate, interest-bearing account
• Landlords must return the deposit within 14 days of the tenant moving out
• Deductions can only be made for unpaid rent or damage beyond normal wear and tear

Tenants have the right to request an itemized list of any deductions made from their security deposit.

Each legal situation is unique. Engaging an experienced attorney can lead to a more positive outcome.

For The Answers And Help That You Need

Issues between landlords and tenants are a source of many legal disputes in the New York City area. Get on the right track in your residential real estate or commercial real estate matter by contacting Napolitano Law PLLC today. Call 718-414-6175 or complete our online inquiry form to request a free consultation at your convenience.

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