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.
Today, it was decided that the rent increases for rent stabilized apartments in New York will be 3% on 1 year leases and 6% on 2 year leases. These rent increases are down from last year but definitely higher than rumored earlier this month. The topic has attracted much publicity in the New York area over the past few weeks. It had been thought that the rent increases would be denied and the current rental rates for this year would freeze for the time being. Now that the increase has been approved, landlords for Rent Stabilized buildings can begin to prepare for offering their renewal leases with the increased rates.
We will post more about this topic in the next week. If you are a landlord in a rent stabilized building and need assistance preparing a renewal lease or commencing eviction proceedings, please feel free to call (516) 858-2620 to speak with a Landlord Tenant Attorney!