Attorney for Landlords in New York

Lease Agreements

A well-drafted lease agreement is the foundation of a smooth landlord-tenant relationship. Landlord attorneys play a major role in creating clear, enforceable leases that protect your interests. We ensure that all legal requirements are met and that the terms are fair and unambiguous. Additionally, if you already have existing lease agreements, we can review them to identify potential issues and ensure they comply with current laws.

Evictions

Evictions are one of the most challenging aspects of being a landlord. The eviction process must be handled with precision to avoid legal pitfalls. A landlord attorney can guide you through each step, from serving notices to representing you in court if necessary. Our experience ensures that you comply with local and state laws, reducing the risk of costly delays or legal setbacks.

Tenant Disputes

Conflicts with tenants can arise over various issues, such as non-payment of rent or property damage. A landlord attorney can help mediate these disputes and, if needed, represent you in legal proceedings. Our goal is to resolve conflicts efficiently while protecting your rights and property.

Property Management Issues

Managing rental properties, especially multi-unit buildings, comes with its own set of challenges. Problematic tenants, maintenance issues, and other operational difficulties can quickly become legal matters. A landlord attorney provides guidance on managing these issues and helps develop strategies to mitigate risks and maintain smooth operations.

Litigation and Legal Defense

In the event that you face a lawsuit from a tenant, having a landlord attorney on your side is important. We can represent you in court, defend against claims, and work towards a favorable outcome. Our experience in real estate litigation ensures that your case is handled professionally and effectively.

The New York Housing Stability and Tenant Protection Act of 2019

The Housing Stability and Tenant Protection Act of 2019 (HSTPA) fundamentally changed the legal environment for New York residential landlords. The law expanded rent stabilization, capped security deposits at one month's rent, eliminated the high-rent and high-income vacancy decontrol provisions, restricted the use of major capital improvements and individual apartment improvements to raise rents, and substantially extended notice requirements before lease nonrenewals and rent increases. A landlord attorney who is current on the HSTPA can help you avoid the common pitfalls that can void a notice, expose you to penalties, or sink an eviction case.

Residential Versus Commercial Practice

The legal regime for residential landlords and the legal regime for commercial landlords are essentially different worlds. Residential tenants enjoy a long list of statutory protections, including warranties of habitability, notice requirements, anti-retaliation rules, and tenant-blacklisting prohibitions. Commercial tenants are largely creatures of contract; what is in the lease is what controls, and most statutory protections do not apply. The drafting, enforcement, and litigation strategies differ accordingly. We handle both, and we tailor our approach to the property type.

Rent Stabilization and Rent Control

If you own a building with six or more units constructed before 1974, your apartments are very likely subject to New York City's rent stabilization regime. Rent stabilization controls how much you can raise rents (under the Rent Guidelines Board's annual increases), when you can offer or refuse renewal leases, and how you can deregulate units (now substantially restricted). A handful of older buildings still have rent-controlled tenants, governed by a separate, even more restrictive set of rules. Compliance is detail-heavy and the penalties for noncompliance, including treble damages for rent overcharges, are severe. We advise landlords on rent calculations, renewal lease compliance, registration filings with DHCR, and disputes with tenants over apartment status.

Housing Court Practice

Most residential evictions and nonpayment cases in New York City are filed in Housing Court, a specialized part of Civil Court. Housing Court has its own procedures, its own forms, and its own culture. The judges expect strict compliance with the predicate notices, the pleadings, and the proof. A misstep (for example, a defective rent demand or a missing rent breakdown) can result in dismissal and a six-week delay while the landlord starts over. Outside New York City, evictions are handled in the local City Court, Town Court, or Village Court. We represent landlords in all of these forums.

Common Eviction Grounds

• Nonpayment of rent. The most common eviction. Requires a written 14-day rent demand under RPAPL Section 711(2) before filing.
• Holdover after lease expiration. Requires written notice of nonrenewal at the time periods set by the HSTPA (30, 60, or 90 days depending on length of tenancy).
• Nuisance. Repeated, serious objectionable conduct that substantially interferes with other residents.
• Illegal use. Including illegal short-term rentals or use that violates the certificate of occupancy.
• Owner occupancy. Limited to certain types of buildings and subject to substantial proof requirements under the HSTPA.
• Unauthorized occupants and subletting. Particularly important in rent-stabilized buildings.

Notices, Notices, Notices

Eviction practice is largely a notice practice. The wrong notice, served the wrong way, on the wrong person, on the wrong day, is the most common reason a case gets dismissed. We routinely review or draft:

• 14-day rent demands.
• Notices to cure (where the tenant has time to fix a default).
• Notices of termination.
• Notices of nonrenewal at the HSTPA-required intervals.
• Predicate notices of holdover or default in commercial leases.
• Statutory notices required to terminate licensees, squatters, or family members holding over after the death of a leaseholder.

Security Deposits

Under HSTPA, residential security deposits are capped at one month's rent. Landlords must provide tenants with a move-in itemization and an opportunity to inspect before move-out. Within 14 days of move-out, the landlord must return the deposit or provide an itemized statement of deductions. Failure to comply triggers forfeiture of the right to retain any portion of the deposit and exposure to additional damages.

Lease Drafting

The lease is the single most important document in a landlord-tenant relationship. We draft and review residential leases that comply with current New York law (and the ever-shifting form requirements that follow new legislation), commercial leases that allocate risk appropriately, lease modifications, riders for guarantors, and ancillary agreements like pet riders and storage agreements. For commercial properties, we negotiate critical lease provisions including use, exclusivity, percentage rent, CAM charges, assignment and subletting, default and cure rights, and renewal options.

Guarantors and Personal Guaranties

In commercial leasing, a personal guaranty from the tenant's principals is often the difference between a workable deal and a worthless one. There are different types of guaranties (full recourse, limited recourse, "good guy" guaranties) and each has its place. New York City's brief experiment with limiting personal guaranties during the COVID-19 emergency has been mostly invalidated, but new rules continue to evolve. We draft and enforce guaranties that hold up in court.

Building Department, HPD, and DHCR

Landlords in New York City interact with multiple agencies. The Department of Buildings (DOB) regulates construction and safety. The Department of Housing Preservation and Development (HPD) regulates housing conditions and registers buildings. The Division of Housing and Community Renewal (DHCR) regulates rent-stabilized and rent-controlled units. Each agency can impose fines, issue violations, and refer matters for prosecution. We help landlords respond to agency violations, contest improper findings, and bring properties into compliance.

Buying and Selling Investment Property

When a landlord buys or sells investment real estate, the entire tenant rent roll is part of the deal. The contract must address representations about the rent roll, security deposits, pending litigation, rent registration history (for stabilized buildings), and a long list of building-condition items. We represent landlords on the purchase and sale of one- to four-family rentals, walk-up apartment buildings, mixed-use buildings, and small portfolios.

Cooperative Boards and Condo Boards

Cooperative and condominium boards face a different but related set of issues. Boards must enforce the proprietary lease or the bylaws and house rules, handle unit-owner defaults, address nuisance complaints, manage construction by unit owners, and pursue arrears for maintenance or common charges. We represent co-op and condo boards in disputes with shareholders and unit owners, as well as in the day-to-day governance issues that arise in every building.

Why Landlords Save Money by Hiring an Attorney Early

The single biggest source of landlord losses is the case that should have been won but was dismissed for a technical defect, a defective notice, a missing exhibit, a misnamed party. The second-biggest source is the case that was never necessary because a properly drafted lease would have prevented the dispute in the first place. Engaging counsel before problems arise is dramatically cheaper than calling a lawyer after a tenant has stopped paying rent and stopped responding.

As every experienced landlord knows, if you want to make money you need to have an attorney.

Contact the Law Offices of Albert Goodwin to discuss your specific legal needs to ensure that you are making the best choice for your situation. We are located in Midtown Manhattan in New York, NY. You can call us at 212-233-1233 or send us an email at [email protected].