As a housing tenant, the issues that you will face when renting are minor, and can easily be solved through a video tutorial, or reading a quick “how-to” article found online. Other issues that may arise can seriously threaten your ability to continue renting, or impact your enjoyment of your current rental altogether. With these types of situations, hiring a landlord tenant lawyer may be the most effective method to protect your rights as a tenant.
We’ve outlined a guide below to help you determine when you need to hire a landlord tenant lawyer NYC, and what they can do for you.
When your landlord presents you with an eviction notice that you intend to fight, having a lawyer on your side can increase your chances of winning your case. Hire a lawyer that is knowledgeable about landlord-tenant laws, and has experience in fighting eviction cases. Lawyers who have previous experience in fighting eviction cases will have effective strategies and creative solutions for presenting your case in court. This will increase your chances of winning your case, and, more importantly, being able to keep living in your rental.
Eviction Without Following Proper Procedures
As with all legal process, there are specific procedures and documentation that landlords must adhere to when evicting tenants. The specific procedures and documentation required are established by state and local law. If your landlord tries to evict you without going through the proper process, or tries to take matters into their own hands, you need to hire an attorney to protect your rights. The idea of “taking matters into your own hands”, when it comes to the eviction process, is highly illegal. No matter how strong of a case a landlord might think they have, they still do not have the legal right to threaten you, or to take any drastic actions against you as a tenant.
If you believe that your landlord is discriminating against you based on gender, race, etc., you need to hire a lawyer to stop this illegal act, and to recover any damages that you may have accrued as a result. If you believe that you have been discriminated against, you have two options which you can pursue.
First, you can hire an attorney and sue your landlord for discrimination in court.
Second, you can file a complaint with the Department of Housing and Urban Development (HUD), or a state or local agency in HUD’s Fair Housing Assistance Program (FHAP). After investigating your claim, if HUD finds reasonable cause, you’ll receive a HUD lawyer to represent you in court, free of charge. If a judge finds your claim to be true, you could be awarded compensation and attorney fees, impose penalties again the landlord, and order other forms of relief to be paid by the landlord.
Neglecting Necessary Repairs
If your landlord isn’t fulfilling the responsibilities listed in your lease, and adhering to local and state laws pertaining to landlord obligations, a lawyer may be necessary. Examples of obligations that landlords are required to maintain for tenants include heating system repairs, replacing broken locks, and repairing windows. If one of these instances occur, you may decide to implement one of your state’s tenant remedies on your own. Before solving the problem by yourself, consult a lawyer to learn what your best move will be. A lawyer will be able to communicate with the landlord, exploring the possibility of a quick settlement, or ultimately taking your landlord to court if necessary.
Failure to Fulfill Promises
When signing your lease, your landlord could potentially make promises to encourage renting. For example, if an applicant is concerned about security in the neighborhood, a landlord may promise to install new locks on the doors, or update security systems. If an applicant is concerned with parking security, a landlord may promise to hire a security company to patrol the parking lot every day. After moving in, if the landlord refuses to keep the promises made, you should consider hiring an attorney to write a letter threatening a lawsuit unless the landlord complies with the promises originally made
Property Damage Due to Neglectful Maintenance
Sometimes, when a landlord attempts to do all maintenance and repairs themselves, they aren’t always sure what they are doing or how to do it correctly. Faulty wiring could result in an electrical fire, damaging your furniture and other personal belongings. If you have renter’s insurance, your insurance company will cover the loss, and their attorneys will then go after your landlord for reimbursement. What happens if you have inadequate insurance coverage, or no insurance at all? Consider hiring an attorney to help you obtain reimbursement for damage from your landlord.
Hire a Landlord Tenant Attorney
If you find yourself in a situation where you are needing to hire a landlord tenant lawyer NYC, Warren S. Dank, ESQ., P.C. is the law firm for you. With years of experience in protecting tenants’ rights, we know how to get you the justice you deserve, without giving in to illegal landlord demands. Trust Warren S. Dank, ESQ., P.C. to have your best interest in mind when going to battle against a neglectful landlord. Ensure that your rights are protected, and that your best interest and quality of living are put first! Contact the law firm of Warren S. Dank, ESQ., P.C. today to learn how we can help you with your landlord tenant case in NYC.