Renter’s insurance protects the Landlord and Tenant
Basic Renter’s Insurance covers a tenant’s personal property. The Landlord’s insurance policy, which covers the building, usually does not cover the tenant’s property. However, when an uninsured tenant’s personal property is destroyed (by fire, flood, etc.), the tenant is much more likely to sue the landlord for their losses. Tenants with renter’s insurance will likely have their losses covered by their insurer and are less likely to seek redress from their Landlord.
Requiring Renter’s Insurance
Many Landlords include a provision in their lease that states that they are not responsible for loss or damage to the tenant’s property and the importance of the Tenant obtaining Renter’s Insurance. Some Landlords go a step further, they include a provision in their lease which requires a Tenant to obtain and maintain Renter’s Insurance for the duration of the lease.
The Law Firm of Vaughn & Weber, PLLC is here to assist you. We can be reached at (516) 858-2620.
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.
Legal Advice
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 not legal advice.
The Law Firm of Vaughn & Weber, PLLC, can be reached at (516) 858-2620.
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….
As always, The Law Firm of VAUGHN & WEBER, 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.
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