Legal Resources for New York Landlords and Tenants

Avoid these actions when evicting a Tenant

Despite lease provisions, background checks, and other precautions landlords take to ensure quality tenants, you may find yourself needing to evict a tenant. The first thing you should know is that this is not as simple as it sounds. There are certain legal protections given to tenants. If you are thinking of evicting a tenant,

My Tenants have sublet my property without permission. What can I do?

In New York City, tenants have a right to sublet their property…..but they must receive permission from their landlord prior to doing so and provide very specific information to you about the new tenant. If they sublet without your permission, you have rights to protect yourself. Steps to take if a Tenant has sublet a

Get a legal checklist for Landlords

Legal checklist for first-time Landlords Becoming a landlord can be a lucrative business opportunity, but jumping in head first without thinking out the legal implications in advance can lead to wasted dollars and even cause your new venture to fail. The best way to set yourself up for success is to get your legal protections

Learn more about Landlord liability for Tenant actions

How much liability does a Landlord have for a Tenant’s actions? Look just about anywhere and you will find plenty of information on tenant’s rights, but what about the landlord? What rights does the landlord have, particularly when it comes to the actions of the tenants? More specifically, how much liability is the landlord exposed

Yellowstone Injunction

The Yellowstone Injunction is a remedy offered to commercial tenants in receipt of a Notice to Cure or Notice of Default and is based on a 1968 landmark case known as First Nat. Stores Inc. V. Yellowstone Shopping Center, 21 NY 2-D 630. When a commercial tenant receives a Notice to Cure, he is expected

Order to show cause to stay or stop an eviction

If you receive an Eviction Notice from a Marshal that requires you to leave your property, you may be able to stop the eviction, at least temporarily, by requesting an Order To Show Cause to stay or stop the eviction. An Order to Show Cause is an emergency application to the Court. It can be

Notice of Termination or Cancellation

When a landlord wishes to discontinue a tenancy, they can serve the tenant with a Notice of Termination  or Cancellation. This may occur in any of these circumstances: The lease is ending and the landlord does not wish to renew. The tenancy is month-to-month and the landlord wants to terminate the tenancy and evict

Notice to Cure

A Notice to Cure is a document served by a landlord on a tenant, alleging lease violations that must be fixed within a certain amount of time in order to prevent eviction. The timeframe can vary from a few days to 30 days or longer. If you, the tenant, do not “cure” the problem before

What are the types of Commercial Eviction?

There are two basic types of commercial eviction summary lawsuits: 1. Nonpayment lawsuits These are brought by landlords against tenants for the nonpayment of rent. The tenant must be in possession of the premises for the Landlord to commence a nonpayment proceeding. The landlord is usually required to serve a rent demand before a lawsuit.

Top Author

Justin Brasch
Justin C. Brasch is the founding partner of the Law Offices of Justin C. Brasch and has practiced Landlord/Tenant and Leasing law for over 20 years. His areas of practice include Business & Commercial Law, Contracts, Criminal Law, Landlord-Tenant, Leasing, New York City Building and Fire Code Violations, and Real Estate Law.Mr. Brasch has substantial experience and expertise litigating landlord-tenant and complex commercial and residential real estate disputes. Before establishing his firm in 1996, Justin Brasch was a litigation …

Related Resources