Landlords Rights

On May 29, 2011, in Landlord-Tenant, by Robbie L. Vaughn, Esq.

Landlords Rights

The following questions about the landlords rights are often asked by both tenants and landlords:

Can a landlord change the locks to a tenant’s apartment? No, not unless they provide the tenant with a key to the new locks(s), the tenant has abandoned the apartment (proceed with caution, abandonment can be difficult to determine), or the landlord has lawfully evicted the tenant.

Can a landlord turn off the heat to a tenant’s apartment during the “heating season?” No, a landlord can not deliberately fail to provide heat to a tenant’s apartment during the heating season.

Can a landlord turn off the water to a tenant’s apartment?” No, a landlord can not deliberately fail to provide water to a tenant’s apartment.

Can a landlord throw a tenant and his/her belongings out on the street? No, not without a court order. And the Marshal or Sheriff would remove the tenant and his/her belongings (the landlord MAY have to pay for the moving and storage of the tenant’s belongings). Note: Police should be called in squatter and trespasser situations.

Can a landlord sue a tenant for unpaid rent? Yes, unless the tenant has filed bankruptcy or the landlord waived the rent arrears.

Can a landlord recover legal fees from tenant? Yes, if there is a clause in your lease which allows the prevailing party to recover attorneys fees.

Can a landlord sue a tenant for moving and storage fees? Yes, unless the tenant has filed bankruptcy.

The above sample answers are not “written in stone” and are not intended as legal advice. Every legal matter is unique and requires a thorough analysis before legal advice can be given.

New York Landlord Tenant Attorney

If you have questions about a landlord tenant issue, please call the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620.

 

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