Landlord Tenant Law

New York’s landlord/tenant laws are among the most complex and detailed in the nation. All landlords, need qualified legal guidance to help them operate in this environment. In New York City, certain rules and regulations apply which are not necessarily applicable elsewhere. Much depends upon the legal occupancy of the house you own, whether there is a written lease between you and the tenant, and whether the apartment is Rent Stabilized, Rent Controlled, Decontrolled, or in fact legal. In many circumstances it may be extremely difficult to evict the tenant. Therefore, before attempting to navigate your way through this system, you should consult an attorney.

No matter the type of property you own, Costello & Costello, P.C. can guide you throughout the process. We handle all types of cases concerning the landlord-tenant relationship in both the residential and commercial setting, including:

  • Lease drafting and review
  • Eviction and unlawful detainer actions
  • Constructive eviction cases
  • Security deposits
  • Utility bills
  • Landlord liens
  • Subleases and assignments
  • Collection actions
  • Residential landlord tenant cases
  • Commercial landlord tenant cases
  • Rent control cases
  • Rent stabilization cases
  • Illegal apartment cases
  • Holdover proceedings
  • Non payment proceedings
  • Licensee cases
  • Multiple dwellings
  • Single apartment
  • Squatters

Residential Landlord Tenant Cases

Costello & Costello, P.C. handles countless landlord tenant cases. Our vast knowledge of New York’s confusing housing laws enables us to handles several cases, often on any one day.

Landlords with multiple rentals

If you are a landlord who has multiple rentals then you likely need the services of a landlord tenant attorney on a regular basis.

Landlords with one or two rentals

If you are a homeowner that relies on the rent to help “pay the bills” we can help. We know how important it is to have that steady income. Our personalized services allows us to help you move the case so as to get your income producing property ready.

Commercial Landlord Tenant Cases

Commercial landlord tenant disputes in New York City are greatly different than that of residential cases. As a commercial landlord, we know how it important it is to make sure that leases are drawn correctly if in fact the tenant fails to pay the rent. We also understand how important it is to make certain that in case the rent is not paid you, as the landlord, are limited in your exposure.

We are here to help you.

At Costello & Costello, P.C. we have years of experience handling not only residential landlord New York City, but also a wide variety of complex commercial landlord tenant disputes.

Rent Control and Rent Stabilization Rent Control and Rent Stabilization rules are complex, often mind boggling rules for landlords and tenants to understand. Disputes over Rent Control or Rent Stabilized apartments are numerous. The laws themselves can be complex and overwhelming. Each case will have a much different approach and outcome depending upon if the apartment is Rent Controlled or Rent Stabilized. We can be there to explain those differences. If you are in a dispute over an apartment or apartments that are subject to rent control or rent stabilization (or if you don’t know whether or not an apartment is subject to rent control or rent stabilization) then you need an experienced attorney.

Illegal Apartments

Illegal apartments can be “basement apartments” or “Attic apartments”. No matter what, these types of cases present a variety of issues for landlords as well as tenants. If you are involved in a dispute involving an illegal apartment, you need the experience of a landlord tenant lawyer.

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Email your question about New York Landlord Tenant cases NOW directly from this web site. You will receive a response usually within 24 hours.

Holdover Proceedings

Holdover proceedings is asking the Court to give you, the landlord possession of the apartment back. Depending upon the circumstances, this may or may not be the best available option.

Non-Payment Proceedings

Non Payment proceedings means that you are suing the tenant for the rent. If they pay, they can stay. Sometimes, you have no alternative but to commence this action. Depending upon the circumstances, this may be your only option.

How long will it take to get my tenant out?
When it comes to landlord tenant law in New York City, certain rules and regulations apply which are not necessarily applicable elsewhere. There is no definite amount of time that it takes to get your tenant out. It depends upon the legal occupancy of the house you own, whether there is a written lease between you and the tenant, and whether the apartment is Rent Stabilized, Rent Controlled, Decontrolled, or in fact legal. In many circumstances it may be extremely difficult to evict the tenant. Therefore, before attempting to evict your tenant on your own, you should consult an attorney.

Will I collect my back rent?
Generally no. Typically when a tenant is evicted in New York City, rent arrears are waived or never collected. However, there are ways in which you may be able to collect rent arrears. In many instances however, this can be difficult.

Can the landlord keep my security?
If some instances the landlord may be able to retain your security deposit. However, any amount retained by the landlord will be credited toward any rent arrears or towards the cost of repairing damages to your apartment.

What do I do if I’m in an accident?
If you are in an accident, and you are able to, contact the police. Then you are to immediately seek treatment for your injuries. Thereafter, you should contact your insurance company and file a claim. A claim number will be assigned and a representative from your insurance company will contact you. Within 30 days you must file a claim for No Fault benefits in order for your medical bills to be paid. If you fail to file for No Fault benefits, you MAY be responsible for all medical expenses. Whenever you seek treatment from a physician with regards to this accident, tell him or a member of his office that you are seeking treatment as a result of an accident. Your physician will then seek payment from your No Fault carrier. You have 3 years from the date of the accident to commence a lawsuit against the person who hit you. However, you should not wait this long to seek legal advice. There may be other time factors which may be earlier than three years. Thus, you should seek legal advice as soon as practicable.

How much is my case worth?
Many people have some idea as to how much money they may want to recover for their injuries. However, this does not mean that you will recover the money they seek. Evaluation of injuries are case specific and no other case should be used as a measuring stick. There are many factors that go into the value of injuries sustained due to the negligence of a third party. Therefore, you should not measure the value of your case to another’s.

How long before my case settles?
There is no set time frame as to how long it takes to reach a resolution to a case. Each case is fact specific and there are many factors that go into settling a case. If your are looking for a “quick” settlement, this may not be possible. Many cases can take many years to evaluate and settle. You should consult with an attorney to determine whether in fact, you have a case, and the length it may take your case to settle.

How do I pay you, my attorney?
Most personal injury cases are taken by attorneys on a contingency fee basis. This means that you do not pay the attorney for legal fees unless you are compensated for your injuries. However, out of pocket expenses usually remain your obligation. All fees are paid when the case is finalized, whether by settlement, judgment or otherwise.

What does it cost to buy/sell a house? / What are my closing costs?
In New York there are many factors to be considered when buying and/or selling a house. Expenses may include Real Estate Broker fees, Bank Fees, Local and State Taxes, etc… The sale or purchase of a house is probably the single most important investment people will make during their lifetime. Therefore, before signing any documents you should consult with an attorney. He can advise you as to your obligations. Whether you are the buyer or seller, the fees you will incur and what documents you will be signing and what such documents mean and your obligations once you sign. Remember, once a document is signed, it may be too late.

What is Title Insurance?
Title insurance is an exclusively American invention. Its purpose was well stated in the first advertisement for title insurance back in the late 1800s:

“This company insures the purchaser’s of real estate and mortgages against loss from defective titles, liens, and encumbrances. Through these facilities [the] transfer of real estate and real estate securities can be made more speedily and with greater security than heretobefore.” [circa 1876]

Protecting purchasers against loss is accomplished by the issuance of a title insurance policy, which states that if the status of the title to a parcel of real property is other than as represented, and if the insured suffers a loss as a result of title defect, the insurer will reimburse the insured for that loss and any related legal expenses, up to the face amount of the policy.

Title insurance differs significantly from other forms of insurance. While the functions of most other forms of insurance is risk assumption through the pooling of risks for losses arising out of unforeseen future events (such as death or accidents), the primary purpose of title insurance is to eliminate risks and prevent losses caused by defects in title arising out of events that have happened in the past. To achieve this goal, title insurers perform an extensive search of the public records to determine whether there are any adverse claims to the subject of real estate. Those claims are either eliminated prior to the issuance of a title policy or their existence is excepted from coverage.