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Role of the Landlord Tenant Lawyer

Author : Donghoo Sohn, Esq.



A landlord tenant lawyer plays a critical role in resolving disputes between property owners and renters in New York. Whether you face eviction, lease violations, security deposit disagreements, or habitability issues, a landlord tenant lawyer provides essential legal guidance and representation. Understanding your rights and obligations under New York housing law is fundamental to protecting your interests in rental disputes.

Contents


1. Landlord Tenant Lawyer in New York : Understanding Tenant Rights


Tenants in New York have substantial protections under state and local housing laws. A landlord tenant lawyer helps tenants understand their rights regarding habitable living conditions, protection from illegal eviction, and fair lease terms. New York Real Property Law § 235 and the Housing Maintenance Code establish minimum standards for rental properties.


Protection from Illegal Eviction


New York law prohibits landlords from evicting tenants without following strict legal procedures. A landlord tenant lawyer ensures that eviction notices comply with statutory requirements and that proper court proceedings occur before any tenant removal. Illegal eviction, including lockouts or utility shutoffs, violates tenant rights and may result in damages.



Security Deposit and Lease Violations


Landlords must handle security deposits according to specific New York regulations. A landlord tenant lawyer helps tenants recover improperly withheld deposits and ensures landlords follow correct accounting and interest requirements. Lease violations by either party require careful legal analysis to determine remedies and obligations.



2. Landlord Tenant Lawyer in New York : Landlord Protections and Responsibilities


Landlords also benefit from consulting a landlord tenant lawyer to understand their legal obligations and remedies. Property owners must maintain safe, habitable premises while also protecting their investment through proper lease enforcement. A landlord tenant lawyer helps landlords navigate tenant screening, lease drafting, and lawful eviction procedures.


Eviction Procedures and Non Payment Cases


When tenants fail to pay rent or violate lease terms, landlords must follow New York's formal eviction process through Housing Court. A landlord tenant lawyer prepares proper legal filings, represents landlords at court hearings, and ensures compliance with all procedural requirements. The eviction process in New York includes notice periods, court appearances, and potential appeals.



Lease Enforcement and Property Maintenance


A landlord tenant lawyer assists landlords in enforcing lease provisions while maintaining compliance with housing codes. Landlords must balance tenant rights with their ability to collect rent and maintain property standards. Proper documentation and communication through a landlord tenant lawyer help prevent disputes and support legal positions if conflicts arise.



3. Landlord Tenant Lawyer in New York : Common Disputes and Legal Remedies


Rental disputes in New York frequently involve habitability claims, rent increases, lease terminations, and repair responsibilities. A landlord tenant lawyer analyzes each situation to identify applicable laws and available remedies. Understanding New York Housing Maintenance Code requirements and local rent regulation laws is essential for resolving disputes fairly.


Habitability Standards and Repair Issues


New York law requires landlords to maintain rental units in habitable condition, including functioning heat, hot water, plumbing, and structural integrity. When landlords fail to make necessary repairs, tenants may withhold rent, repair and deduct costs, or pursue legal action. A landlord tenant lawyer helps establish whether conditions violate habitability standards and what remedies apply. Many disputes involve determining responsibility for repairs and timelines for completion.



Rent Increases and Lease Renewal Negotiations


Rent-stabilized apartments in New York have specific limits on annual increases set by the Rent Guidelines Board. Market-rate apartments have fewer restrictions, but landlords must follow proper notice procedures for increases. A landlord or tenant attorney helps negotiate lease renewals and ensures compliance with all applicable regulations. Disputes over proper notice periods and increase amounts require careful legal analysis to protect both parties' interests.



4. Landlord Tenant Lawyer in New York : Criminal and Civil Implications


Some landlord tenant disputes involve criminal conduct, such as harassment, threats, or illegal lockouts. A landlord tenant lawyer distinguishes between civil lease violations and conduct that may trigger criminal liability. Understanding when conduct crosses into criminal territory is important for both tenants seeking protection and landlords avoiding serious legal consequences.


Harassment and Intimidation Claims


New York law prohibits landlords from harassing tenants to force vacancies or discourage rent payment. Harassment includes threats, utility shutoffs, removing doors or windows, or creating dangerous conditions. Tenants experiencing harassment should consult a landlord tenant lawyer immediately to document incidents and pursue legal remedies. Criminal charges may apply in severe cases, and civil lawsuits can recover damages and attorney fees.



Criminal Conduct and Legal Consequences


Certain landlord actions constitute crimes under New York Penal Law. Illegal eviction, threats, or intentional property damage may result in criminal prosecution. A landlord tenant lawyer helps tenants understand when they should report conduct to law enforcement and what criminal charges may apply. Similarly, tenants engaging in property destruction or threats face potential criminal liability, and understanding these risks is important for all parties involved in rental disputes.

Issue TypeTenant RightsLandlord Remedies
Non Payment of RentRight to dispute amount or withhold for repairsEviction through Housing Court
Uninhabitable ConditionsRight to repair and deduct or withhold rentRight to cure violations or face legal liability
Illegal EvictionRight to sue for damages and attorney feesMust follow proper legal procedures
Security Deposit DisputesRight to recover wrongfully withheld depositsRight to deduct for documented damages

When criminal conduct occurs in landlord tenant disputes, understanding the distinction between civil remedies and criminal prosecution becomes essential. Conduct involving threats, harassment, or property crimes may warrant consultation with a bribery defense lawyer or criminal defense attorney if serious charges are filed. However, most landlord tenant disputes resolve through civil litigation, Housing Court proceedings, and negotiated settlements with proper legal representation.

A landlord tenant lawyer provides crucial advocacy whether you own rental property or rent your home in New York. These attorneys understand complex housing laws, court procedures, and negotiation strategies that protect your interests. Consulting a landlord tenant lawyer early in any dispute helps prevent escalation and ensures your rights receive proper protection under New York law.


04 Feb, 2026


The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
Certain informational content on this website may utilize technology-assisted drafting tools and is subject to attorney review.

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