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Landlord–tenant law governs the rental of property. The basis of
the legal relationship between a LANDLORD AND TENANT is
derived from both contract and property law. The tenant has a
temporary possessor interest in the premises. The rental
premises may be land, a house, a building, or an apartment. The
length of the tenacy may be for a specific period of time, for an
indefinite but renewable period of time (this would include a
month–to–month tenancy).
During the term of the tenancy, the tenant has the right to
possess the premises, and to restrict the access of others. A
landlord–tenant contract may alter and define rights allowed
under law. Landlord– tenant contracts are typically known as
rental agreements or leases. What provisions may be contained
in a LEASE is normally regulated by state law. Standard in all
leases is the implied covenant of quiet enjoyment which gives the
tenant the right to possess the rental premises without
interference from or disturbance by others, including the
LANDLORD. Another standard lease provision for residential
rental units is the WARRANTY of HABITABILITY. If the landlord
causes the rental to become uninhabitable or fails to make repairs
so that the premises are uninhabitable, a constructive eviction
may occur. This may allow the tenant to withhold rent, repair the
problem and deduct the cost from the rent, or recover damages.
Federal law prohibits DISCRIMINATION in housing and the rental
market.
Landlords are also typically restricted by state laws from evicting
tenants in retaliation of action the tenant may have taken to
enforce a provision of the lease, a housing code compliance, or
other applicable law.
the legal relationship between a LANDLORD AND TENANT is
derived from both contract and property law. The tenant has a
temporary possessor interest in the premises. The rental
premises may be land, a house, a building, or an apartment. The
length of the tenacy may be for a specific period of time, for an
indefinite but renewable period of time (this would include a
month–to–month tenancy).
During the term of the tenancy, the tenant has the right to
possess the premises, and to restrict the access of others. A
landlord–tenant contract may alter and define rights allowed
under law. Landlord– tenant contracts are typically known as
rental agreements or leases. What provisions may be contained
in a LEASE is normally regulated by state law. Standard in all
leases is the implied covenant of quiet enjoyment which gives the
tenant the right to possess the rental premises without
interference from or disturbance by others, including the
LANDLORD. Another standard lease provision for residential
rental units is the WARRANTY of HABITABILITY. If the landlord
causes the rental to become uninhabitable or fails to make repairs
so that the premises are uninhabitable, a constructive eviction
may occur. This may allow the tenant to withhold rent, repair the
problem and deduct the cost from the rent, or recover damages.
Federal law prohibits DISCRIMINATION in housing and the rental
market.
Landlords are also typically restricted by state laws from evicting
tenants in retaliation of action the tenant may have taken to
enforce a provision of the lease, a housing code compliance, or
other applicable law.
| Landlord/Tenant |
In 2011 Landlords and Tenants are filing more complaints and
evictions than ever because of the present economic conditions.
Tenant are unable to pay rent due to loss of income. Tenants are
also filing complaints against Landlords for various reasons.
Here at Coleman Process Service, Inc., we understand the
difficulties that both sides face today. We are here to assist you in
your matter if you are a Landlord or Tenant. Here is some
information for you if you are unsure of your rights as a Landlord
or Tenant.
evictions than ever because of the present economic conditions.
Tenant are unable to pay rent due to loss of income. Tenants are
also filing complaints against Landlords for various reasons.
Here at Coleman Process Service, Inc., we understand the
difficulties that both sides face today. We are here to assist you in
your matter if you are a Landlord or Tenant. Here is some
information for you if you are unsure of your rights as a Landlord
or Tenant.
To evict a Tenant, the Landlord, or their attorney, must prepare a
petition requesting a court hearing, which must be served on the
tenant and filed with the court.
petition requesting a court hearing, which must be served on the
tenant and filed with the court.
Following appropriate notice, a landlord may bring a summary
non-payment court proceeding to evict a tenant who fails to pay
the agreed rent when due and to recover outstanding rent. A if,
for example, a tenant significantly violates a substantial obligation
under the lease, such as using the premises for illegal purposes,
committing or permitting a nuisance, or staying beyond the lease
term without permission.
non-payment court proceeding to evict a tenant who fails to pay
the agreed rent when due and to recover outstanding rent. A if,
for example, a tenant significantly violates a substantial obligation
under the lease, such as using the premises for illegal purposes,
committing or permitting a nuisance, or staying beyond the lease
term without permission.
Landlord Obligations
Landlords have the responsibility to maintain residential rental
property and repair any defects. Under most state law, there is an
IMPLIED WARRANTY of habitability, which is defined as the
minimum standard for decent, safe, sanitary housing suitable for
human habitation. This warranty applies throughout the lease.
Most jurisdictions that ordinances or laws that require owners of
real property to maintain the property and make any necessary
repairs. These codes typically require that any rental property
offered by a landlord must meet the minimum standards
established in the codes. The landlord's obligation is to deliver the
rental property to the tenant in compliance with the housing codes
and to maintain compliance with the housing codes throughout
the time the tenant has possession of the rental property.
The Landlord must also provide adequate
heat and hot water while the tenant
occupies the premises.
property and repair any defects. Under most state law, there is an
IMPLIED WARRANTY of habitability, which is defined as the
minimum standard for decent, safe, sanitary housing suitable for
human habitation. This warranty applies throughout the lease.
Most jurisdictions that ordinances or laws that require owners of
real property to maintain the property and make any necessary
repairs. These codes typically require that any rental property
offered by a landlord must meet the minimum standards
established in the codes. The landlord's obligation is to deliver the
rental property to the tenant in compliance with the housing codes
and to maintain compliance with the housing codes throughout
the time the tenant has possession of the rental property.
The Landlord must also provide adequate
heat and hot water while the tenant
occupies the premises.
Tenant Obligations
As a Tenant, you do have responsibilities. The biggest
responsibility of the tenant is to abide by the terms of the lease
agreement, reasonable use and care of the premises, and a duty
not to disturb or disrupt surrounding neighbors with excessive
noise. The number one issue landlords face is rent collection. The
tenant must pay their rent on time
responsibility of the tenant is to abide by the terms of the lease
agreement, reasonable use and care of the premises, and a duty
not to disturb or disrupt surrounding neighbors with excessive
noise. The number one issue landlords face is rent collection. The
tenant must pay their rent on time
Security Deposits
A security deposit is an amount of money given by the tenant to
the landlord to ensure that reimbursement is available for any
damage done to the premises by the tenant. Some leases require
additional deposits for pets or water beds. State laws require the
return of the security deposit within a certain period of time. If the
entire security deposit is not returned, the landlord should provide
the tenant with a written explanation regarding any deductions
made from the security deposit. Some states have laws with steep
financial penalties for landlords that fail to return the security
deposit within the amount of time allowed by law. A security
deposit typically cannot be credited toward the payment of the
final month's rent. Some state laws require the landlord to keep
the security deposit in a separate interest bearing account.
the landlord to ensure that reimbursement is available for any
damage done to the premises by the tenant. Some leases require
additional deposits for pets or water beds. State laws require the
return of the security deposit within a certain period of time. If the
entire security deposit is not returned, the landlord should provide
the tenant with a written explanation regarding any deductions
made from the security deposit. Some states have laws with steep
financial penalties for landlords that fail to return the security
deposit within the amount of time allowed by law. A security
deposit typically cannot be credited toward the payment of the
final month's rent. Some state laws require the landlord to keep
the security deposit in a separate interest bearing account.
One of most important things to do when you leave an apartment
(or other rental) is a walk through with the owner or property
manager. Take pictures when you leave and both agree to any
damages or to the condition of the rental. BEFORE you move in,
a walk through should be done (pictures) and note any damages
and condition of the rental. The move-in list should be referred to
when you leave.
(or other rental) is a walk through with the owner or property
manager. Take pictures when you leave and both agree to any
damages or to the condition of the rental. BEFORE you move in,
a walk through should be done (pictures) and note any damages
and condition of the rental. The move-in list should be referred to
when you leave.
Eviction
warrant to evict a tenant. Coleman Process Service, Inc., work
with city Marshals in cases of evictions. We serve notice on
tenants on behalf of landlords of impending evictions. Before a
marshal may conduct an eviction, he or she must first request
that the court issue a Warrant of Eviction. In New York City, city
marshals and deputy sheriffs are the only public officers
authorized to request a Warrant of Eviction from the court. A
landlord may not take the law into his/her own hands and evict a
tenant by use of force or unlawful means. For example, a landlord
cannot use threats of violence, remove a tenant's possessions,
lock the tenant out of the apartment, or willfully discontinue
essential services such as water or heat.
When a tenant is evicted, the landlord may not retain the tenant's
personal belongings or furniture. Also, if you are evicted, take
ALL your belongings.
In an eviction, the tenant's belongings are moved under the
supervision of the marshal and stored at a private warehouse. In
a legal possession, the tenant's personal property remains under
the care and control of the landlord until the tenant can arrange
to transport the property to another location.
A tenant who is put out of his/her apartment in a forcible or
unlawful manner is entitled to recover triple damages in a legal
action against the wrongdoer. Landlords in New York City who use
illegal methods to force a tenant to move are also subject to both
criminal and civil penalties. Further, the tenant is entitled to be
restored to occupancy.
with city Marshals in cases of evictions. We serve notice on
tenants on behalf of landlords of impending evictions. Before a
marshal may conduct an eviction, he or she must first request
that the court issue a Warrant of Eviction. In New York City, city
marshals and deputy sheriffs are the only public officers
authorized to request a Warrant of Eviction from the court. A
landlord may not take the law into his/her own hands and evict a
tenant by use of force or unlawful means. For example, a landlord
cannot use threats of violence, remove a tenant's possessions,
lock the tenant out of the apartment, or willfully discontinue
essential services such as water or heat.
When a tenant is evicted, the landlord may not retain the tenant's
personal belongings or furniture. Also, if you are evicted, take
ALL your belongings.
In an eviction, the tenant's belongings are moved under the
supervision of the marshal and stored at a private warehouse. In
a legal possession, the tenant's personal property remains under
the care and control of the landlord until the tenant can arrange
to transport the property to another location.
A tenant who is put out of his/her apartment in a forcible or
unlawful manner is entitled to recover triple damages in a legal
action against the wrongdoer. Landlords in New York City who use
illegal methods to force a tenant to move are also subject to both
criminal and civil penalties. Further, the tenant is entitled to be
restored to occupancy.
TENANT APPEAL
Tenants have the right to appeal evictions. In New York City you
must file an Order to Show Cause and a Stay, an order staying,
or delaying, the eviction until the issues raised by the tenant are
addressed on a hearing date set by the court in your jurisdiction.
If the marshal is served with a signed OSC that stays the eviction,
he or she is legally bound by the directions of the court, but if the
court does not stay the eviction, the marshal must go forward with
it. Unless otherwise directed by the court, the marshal, after being
served with an OSC that stays the eviction, must serve an
additional Notice of Eviction by regular mail before conducting the
eviction or legal possession
Here at Coleman Process Service, Inc., we can assist the Tenant
by serving their documents properly and professionally. Many
Tenants try to cut cost and have a friend or family member
attempt to serve their documents only to find out that their
documents were not served correctly. This may invalidate your
appeal and cost you an eviction when you could have avoided it
by hiring a professional
It is wise to consult a New York Eviction Lawyer to protect
your legal rights if your landlord seeks possession of your
apartment. Never ignore legal papers.
must file an Order to Show Cause and a Stay, an order staying,
or delaying, the eviction until the issues raised by the tenant are
addressed on a hearing date set by the court in your jurisdiction.
If the marshal is served with a signed OSC that stays the eviction,
he or she is legally bound by the directions of the court, but if the
court does not stay the eviction, the marshal must go forward with
it. Unless otherwise directed by the court, the marshal, after being
served with an OSC that stays the eviction, must serve an
additional Notice of Eviction by regular mail before conducting the
eviction or legal possession
Here at Coleman Process Service, Inc., we can assist the Tenant
by serving their documents properly and professionally. Many
Tenants try to cut cost and have a friend or family member
attempt to serve their documents only to find out that their
documents were not served correctly. This may invalidate your
appeal and cost you an eviction when you could have avoided it
by hiring a professional
It is wise to consult a New York Eviction Lawyer to protect
your legal rights if your landlord seeks possession of your
apartment. Never ignore legal papers.
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Here at Coleman Process Service, Inc., we specialize in
Landlord/Tenant cases. If you are an Attorney, Landlord, City
Marshal, or Government Agency and have multiple servings, we offer
a BULK RATE. Please call our office for a quote.
Landlord/Tenant cases. If you are an Attorney, Landlord, City
Marshal, or Government Agency and have multiple servings, we offer
a BULK RATE. Please call our office for a quote.