Long Island Real Estate Information Alizio & Galfunt LLP

Alizio & Galfunt, LLP

Landlord-Tenant Law Information Center

No two real estate clients have the exact same needs and goals.

Our services reflect that.

At Alizio & Galfunt, LLP, we represent clients throughout Long Island and the five boroughs of New York City in landlord-tenant law related concerns We provide individualized legal services and draft papers tailored to each specific case and we focus on handling your concern both correctly, and as efficiently as possible.

The following information is intended to provide you with a broad overview of real estate law in the state of New York. This is not legal advice; legal advice needs to be specific to your situation. For further information or questions about your specific concern, please contact an experienced Long Island landlord-tenant law lawyer at our Mineola law offices today.

More Than 30 Years of Experience • Free Consultations Available
Filipino Language Services

Alizio & Galfunt, LLP

The law firm of Alizio & Galfunt, LLP represents clients from throughout Long Island and the five boroughs of New York City in commercial litigation, criminal defense, and in real estate related concerns such as landlord-tenant law and land use and zoning issues. We serve clients in Nassau County, Suffolk County, New York City, and in communities such as Garden City, Westbury, Hempstead, Floral Park, New Hyde Park, Glen Cove, and Long Beach.

Landlord-Tenant - An Overview

When you are interested in entering into a lease for an apartment or rental property, you will have to sign documents that bind you to your decision. Afterward, any number of things could go "wrong," such as a discovery that the property is unsafe for habitation, or your failure to pay rent when it is due. Sometimes real estate issues are resolved without the involvement of judges or lawyers. In other situations, the disputes and consequences surrounding the rental of property necessitates legal assistance and resolution. At those times, the help of an experienced and effective real estate lawyer becomes a key component in protecting your financial and personal rights, whether you are a landlord or tenant. If you have are involved in a real estate dispute, call a lawyer today.

The Laws Surrounding Rental Transactions

When a person signs their name on a lease they are effectively entering into a contract which binds them, and the other party, to certain obligations and affords certain rights. Even before that time, laws are in effect which limit the real estate rental process.

For example, if an individual is working with a rental services agency or real estate agent, there are laws that govern the agent/client relationship and how much compensation the agent can charge. Other laws mandate what information must be disclosed to potential tenants about a property, what limitations may be placed on a rental, and numerous other things.

Certain federal laws, such as the Fair Housing Act, bind people across the country no matter where they live. The Fair Housing Act places strict limits on the manner in which, and to whom, a landlord or owner may rent a property. Other laws affecting the obligations of a landlord to maintain a property or return a security deposit, are state-specific. While different states may have similar laws, their requirements will vary.

Rental Agreements and Leases: What's the Difference?

Many potential tenants do not realize that there is a legal difference between a rental agreement and a lease. In short, a rental agreement is a document that provides for a short period of tenancy (often one month). The tenancy agreement is automatically renewed at the end of the period unless either the tenant or the landlord provides written notice to the other party that it will not be renewed. This is called a "month-to-month" rental. In addition to opting not to renew a rental agreement a landlord may also change the terms of the agreement after providing notice to the tenant. This right is subject to certain limitations, such as rent control laws and potentially other laws depending upon the state in which the property is located.

A lease, on the other hand, usually binds the parties to a longer period of time, such as six months or a year. The lease is considered valid over that period so long as the tenant continues to pay rent and abides by the other requirements of the lease. Leases are generally not automatically renewed at their expiration and instead require the parties to sign a new lease, or renegotiate the lease for the next term or period of time.

When Something Goes Wrong

Laws protect the rights of both landlords and tenants in the event that something goes wrong. For example, if a tenant fails to pay rent when it is due or consistently has loud parties resulting in property damage, a landlord may have a right to evict them and retain the security deposit. A tenant may have a right to break a lease and move from a rental property if a landlord fails to make necessary repairs or to maintain the property in a habitable condition. For the most part, the laws governing the rights and responsibilities of landlords and tenants are determined by states, not the federal government. For that reason, the ramifications and the remedies can be very different from location to location across the country.

Conclusion

Landlords and tenants both have various legal rights and obligations when they are involved in a real estate rental. If you have questions about a real estate rental transaction in which you are involved, it is in your best interests to contact an experienced real estate lawyer to ensure that your rights are protected and your interests maintained.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

Call us now

or use the form below.

In the United States people are entitled to be treated fairly when they are trying to rent a place to live, without regard to their race, color, national origin, sex, disability or, in some situations, family status. The federal Fair Housing Act of 1968 guarantees protections against discrimination in housing. If you have been discriminated against in your search for housing, contact an experienced real estate attorney today to discuss your rights.

Frequently Asked Questions about Landlord-Tenant Law

Q: Does the Fair Housing Act prohibit discrimination against minorities?

A: Yes. The Fair Housing Act makes it unlawful for a landlord or property owner to discriminate against potential renters (or homebuyers) on the basis of their race, color or national origin. The Act prohibits a variety of improper activities including, among many others, lying about the availability of property, charging more rent to minorities, or attempting to keep neighborhoods or other areas free of minorities.

Q: Do gays and lesbians have a right to live in an apartment together?

A: Currently no federal law (one covering the entire country) prohibits discrimination in rental housing on the basis of a person's sexual orientation. Some states and communities, however, do protect the right of gays, lesbians, and transgender individuals in housing opportunities. For example, some states make it illegal for a landlord to evict a tenant based upon their sexual orientation or to prohibit them from renting an apartment. The protections afforded, if any, depend greatly on the state in which the action has occurred.

Real Estate Information Center