Landlord Tenant Common Disputes
While some legal issues faced by landlords and tenants can be handled easily amongst themselves, many legal problems require the services of an attorney. Here are some landlord tenant common disputes that the law firm of Cole, Sorrentino, Hurley, Hewner & Gambino, P.C., specialize in.
Landlord Tenant Common Disputes | Living Conditions
Landlords are required by law to provide tenants with livable, sanitary and safe living arrangements. This requirement is called the Warranty of Habitability. This means that hot water must be provided at all times, heating shall be provided for living areas during the cold season and the building must be kept secure and in reasonable condition. For example, a leaking roof, doors that won’t lock, rodent or insect infestation or faulty electrical wiring would likely violate the Warranty of Habitability.
Landlord Tenant Common Disputes | Not Paying Rent
In most leases, the tenants are required to make a periodic rental payment, usually each month. When they do not, they are in breach of the lease. In theory, this can lead to an eviction. In reality, a landlord has to go through an extensive legal process which takes time and money. Often a landlord will be willing to work with the tenant to help them get back on track with rent. However, in some situations, the tenant will be justified in not paying rent. These situations are rare and require the landlord to significantly breach the lease. One such example is a breach of the Warranty of Habitability, and even then, only paying a reduced rent is usually allowed.
Landlord Tenant Common Disputes | Evictions
As long as the tenant does not violate any significant portions of the lease or applicable housing laws, a landlord cannot evict the tenant until the lease is over. There are different reasons as to why a landlord may want to evict a tenant, but no matter what reason exists, a landlord must go through a court proceeding and obtain a judgment. Even then, only a government officer, such as a sheriff or constable, can physically evict the tenant.
If you need legal aid with any of these common landlord tenant disputes, please contact our experienced Buffalo landlord-tenant lawyers today.