Landlords legal rights
The legal things every landlord needs to know.
From the day your tenants move in until the day that they move out, there is help available with legal, financial and day to day issues. The lawyers at Castiglia-Rubinstein and Associates will help you avoid hassles and headaches; not to mention helping you avoid lawsuits and or settle a landlord eviction claim. Our attorneys are not only trained in handling simple real estate matters, we take care of complex landlord tenant litigation in Nassau County, Suffolk County, Queens County, Bronx, Westchester, Richmond County, Manhattan and Brooklyn Kings County New York.
This is a partial list of some of the areas that the law offices of Castiglia-Rubinstein and associates helps landlords with:
- Screen and choose tenants.
- Prepare leases and rental agreements.
- Avoid discrimination charges with proper counseling.
- Hire a property manager.
- Keep up with building and property repairs and maintenance.
- Reduce the chance of personal injury lawsuits and protect assets.
- Make security deposit deductions.
- Handle broken leases and lease terminations.
- Deal with bedbugs, mold, asbestos abatement and lead paint hazards.
- Comply with laws regarding tenant privacy and disclosures.
Notice of Termination for Cause
State laws have very detailed requirements for landlords who want to end a tenancy lease agreement for cause. Each state has its own procedures as to how termination notices and eviction papers must be written and delivered to your tenant (“served”). Landlords must follow state rules and procedures exactly as required by local municipalities.
Although terminology varies somewhat from state to state, there are basically three types of termination notices that you might receive if you have violated the rental agreement or lease in some way:
- Pay Rent or Quit Notices are typically given to you when you have not paid the rent. These notices give you a few days (three to five in most states) to pay the rent or move out (“quit”).
- Cure or Quit Notices are typically given to you if you violate a term or condition of the lease or rental agreement, such as a no-pets clause or the promise to refrain from making excessive noise. Usually, you have a set amount of time in which to correct, or “cure,” the violation.
- Unconditional Quit Notices are the harshest of all. They order you to vacate the premises with no chance to pay the rent or correct a lease or rental agreement violation. In most states, unconditional quit notices are allowed only if you have:
- repeatedly violated a significant lease or rental agreement clause
- been late with the rent on more than one occasion
- seriously damaged the premises, or
- engaged in serious illegal activity, such as drug dealing on the premises.
Notice of Termination Without Cause
Even if your tenant has not violated your rental agreement and has not been late on paying rent; a landlord can usually ask you to move out at any time (assuming that you don’t have a fixed term lease) as long as the landlord gives you the proper required notice period.
A “30 Day Notice to Vacate” or a “60 Day Notice to Vacate” to terminate a tenancy can be used in most states when the landlord does not have a reason to end the tenancy. The length of the required notice can be slightly longer or shorter in some states.
There are some exceptions for eviction without cause as is the case with dealing with rent control. Many rent control cities, however, go beyond state and local laws that may require the landlord to prove a legally recognized reason for termination. These laws are known as “just cause eviction protection.” Tenants only in the states of New Jersey and New Hampshire are protected by just cause eviction protection.
Following the tenants receipt of you serving a tenant with a termination notice; if your tenant hasn’t moved out or fixed the lease or rental agreement violation, the landlord must properly serve you with a “summons and complaint for eviction” in order to proceed with the eviction action.
We are dedicated to your success so contact us. Speak with one of our knowledgeable Long Island landlord real estate litigation, landlord tenant eviction and litigation attorneys today from wherever you are in New York in Nassau and Suffolk, Brooklyn, Kings and Queens Counties, on Long Island and all New York City boroughs including Bronx, Westchester, Richmond County, and Manhattan.
Call 631-465-0444 today.
If you’re a landlord and want more information on landlord tenant evictions, call the law office of Castiglia-Rubinstein & Associates today at 631-465-0444.
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