Landlord Tenant Lawyers Buffalo NY
Renting property is an integral part of residential and commercial real estate in Buffalo and the rest of New York. If an individual or business wants to use a piece of real estate without purchasing it, renting is the primary method of doing so.
A whole section of the legal world is devoted to the law that surrounds the process of renting property, the legal contract dictating the terms of the property rental and the relationship between the person who owns the property (the landlord) and the person who uses the property (the tenant).
Compared to most states, New York has established relatively tenant-friendly laws. Despite this preference, many tenants don’t understand their rights and thus unscrupulous landlords try to take advantage of them. And with so many regulations, laws, ordinances and rules, many landlords do not fully understand their legal obligations and may break the law without knowing it or having any bad intentions toward the tenant.
While some legal issues faced by landlords and tenants can be handled easily amongst themselves, many legal problems require the services of an attorney. The landlord tenant lawyers at Cole, Sorrentino, Hurley, Hewner, & Gambino, P.C., understand the landlord tenant legal world and are dedicated to helping resolve any landlord or tenant legal disputes you may have.
Overview of Common Disputes between Landlords and Tenants
There is a wide variety of possible disputes that can arise between a landlord and tenant. From rent payments to discrimination to property damage, almost any problem a landlord or tenant has can be a potential legal issue. We’ll briefly explain some of the more common legal issues faced by landlords and tenants.
– 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.
– Nonpayment of 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.
– 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.
Legal Services for Landlords
Landlords sometimes face a stacked deck when involved in a legal dispute with a tenant. Tenants receive so many protections and have so many rights, it can sometimes seem like the tenant has more power in how the property is used than the actual property owner. At Cole, Sorrentino, Hurley, Hewner, & Gambino, P.C., our landlord tenant lawyers have experience in handling legal matters on behalf of landlords, such as:
– Tenant eviction due to nonpayment of rent
– Tenant eviction due to a tenant’s breach of the lease, including holdover
– Prohibited subletting
– Stop tenants from engaging in disruptive activities
– Counseling landlords on their legal obligations to tenants and government entities
Contact Our Buffalo Landlord Tenant Lawyers For Eviction
If you are a landlord in need of assistance with an eviction, or you’re dealing with a commercial or residential lease, we can still help you. You can call us on the phone or send us a message through our website to explain your situation. We will take the time to listen and get you started on getting the legal assistance you require.