I signed the lease and made the required rental payment, but the Landlord won’t let me move into my apartment.
We have seen this scenario before.
First, you should ALWAYS get a signed copy of the lease (signed by you and the Landlord).
Second, there is a major difference between not being able to turnover possession of an apartment, and unjustifiably refusing to turnover possession of an apartment.
Not being able to turnover possession of an apartment
This commonly occurs when an existing tenant fails to vacate the apartment at the expiration of their lease. The Landlord is then forced to bring a “holdover” action against the existing tenant. Thus, your entry into your new apartment is delayed. Most leases contain a clause which states something like: “The failure of Landlord to give Tenant possession of the Unit on the Commencement Date shall not create liability for Landlord.” You may not have any legal recourse in such a case. However, the facts should be closely examined by you and an attorney (if necessary).
Unjustifiably refusing to turnover possession of an apartment
This sometimes happens when a Landlord finds someone willing to pay a higher rental amount after already having signed a lease with you. Under these circumstances, the Landlord would likely be in breach of contract for unjustifiably refusing to place you in possession of the apartment.
You may want to contact an attorney for legal advice if you are in a situation where a landlord has refused to turnover possession of an apartment to you. This is not legal advice.
New York Landlord Tenant Attorney
The Law Firm of Vaughn, Weber & Prakope, PLLC, can be reached at (516) 858-2620.
Section 8 Tenant Evictions
SECTION 8 TENANT EVICTIONS
In order to evict Section 8 tenants, landlords must follow special procedures that apply uniquely to Section 8 tenancies. The process is more complicated and difficult than typical evictions, but landlords with good reasons for evicting tenants should not be discouraged.
Section 8 is a government program that subsidizes a portion of certain tenants’ rent. The program is administered by NYCHA, the New York City Housing Authority. People may qualify for Section 8 vouchers for a number of reasons. People with mental illnesses or physical disabilities, for example, may be eligible for Section 8 vouchers. Some Section 8 vouchers may be transferred, by the tenant, from residence to residence, while other vouchers remain with the rental unit. In either case, a portion of the rent will be paid by the government directly to the landlord. The tenant is only responsible for the portion of the rent that is not covered by the voucher. If the landlord seeks any part of the subsidy portion in the eviction action, then NYCHA must be joined as a party to the case.
In any Section 8 eviction, NYCHA as well as the tenant must be notified of the grounds for eviction before the landlord begins the case. Once NYCHA and the tenant are notified, the process the landlord will have to follow will depend on the grounds for eviction. If the tenant is being evicted for nonpayment of rent or holdover based on termination of a Section 8 voucher, then the landlord must send a certification stating the grounds for eviction to NYCHA and the tenant. (A “holdover” is when a landlord evicts a tenant that remains in a rental unit after the lease has expired, or because the tenant remains in the unit after violating lease terms. If the lease agreement is contingent upon the Section 8 voucher, then termination of the Section 8 voucher would give the landlord grounds for eviction. This would be a holdover based on termination of a Section 8 voucher.) The landlord can then request a certificate of non-objection from NYCHA. Section 8 tenants can only be evicted for “good cause” – such as creating an ongoing nuisance or violating the law, among other things. NYCHA must be assured that the tenant is being evicted for good cause. If NYCHA issues a certificate of non-objection, then the certification of grounds may be substituted for the allegations in the landlord’s petition. If NYCHA does not respond in a timely manner, the landlord can begin the case, but should include an allegation stating that NYCHA has not responded in the petition. NYCHA may object to the grounds for eviction in the certification. In this event, the case may still proceed, but NYCHA must be joined as a party to the case. After this, the case can proceed as a typical eviction action.
Each of these procedural requirements must occur within specified timelines, and there may always be special circumstances demanding other procedural actions. Section 8 evictions can be one of the more difficult areas of housing law. But if the grounds are there, eviction is an option.
Landlord Tenant Attorneys
If you have any questions about this, or other legal issues, please call the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620 to schedule a free consultation.
Section 2523.5(a) of the NY Rent Stabilization code provides the following in pertinent part:
On a form prescribed or a facsimile of such form approved by the DHCR, dated by the owner, every owner, other than an owner of hotel accommodations, shall notify the tenant named in the expiring lease not more than 150 days and not less than 90 days prior to the end of the tenant’s lease term, by mail or personal delivery, of the expiration of the lease term, and offer to renew the lease or rental agreement at the legal regulated rent permitted for such renewal lease and otherwise on the same terms and conditions as the expiring lease. The owner shall give such tenant a period of 60 days from the date of service of such notice to accept the offer and renew such lease….
Landlord Tenant Attorney in Mineola
As always, The Law Firm of Vaughn, Weber & Prakope, PLLC is here to assist you with your Landlord-tenant matters. We are conveniently located in the heart of Nassau County, Long Island. Contact us at (516) 858-2620 to arrange a consultation.