Does the tenant have a right to ask the landlord to park the car in the back of the house instead of in the driveway?
There has to be a provision in the lease that specifies who can park where and under which circumstances. So, if the lease dictates that everyone must park their cars in the back of the house and that no car can linger in the driveway, then the tenant has the right to insist that the landlord park his/her car in the back. However, if there's no such provision in the lease, then the only thing the tenant can do is ask nicely that the car not be parked in the driveway and hope the landlord is considerate enough to do so.
Does the landlord have access to tenant's apartment for an ongoing construction project to meet building code?
Most leases specify that a landlord can enter the tenant's apartment with reasonable notice to make necessary repairs or maintenance and without notice in an emergency. So, according to the lease, the tenant has to provide access to the landlord and his repair crew to do the work to meet building code. In terms of reasonable notice, it is customary that the landlord give at least a 24 hours notice before he or she can enter the apartment to do the repair/maintenance job. In the case of an ongoing project, the tenant can work out a schedule with the landlord of when the repair crew can work in the apartment.
A newbie to the city who is eager to buy
When relocating to a new city, whether it's NYC or elsewhere, it makes more sense to rent for a year before embarking on buying a property. It's advisable to take that year to become familiar with the neighborhoods, the buildings and the types of properties that are available in the prospect's price range. A rent-to-buy apartment can be a good option if the prospect is lucky enough to find one.
When the landlord won't sign or renew a lease
That means the tenant is on a month to month lease.The terms on this type of lease can change with 30 days' notice. That means the landlord only needs to give the tenant a 30 days notice to leave. Likewise the tenant also needs to notify the landlord only 30 days before he or she moves out. A month-to-month lease will protect the tenant against immediate eviction. If you like the place, keep persuading your landlord to sign a lease but understand that he or she isn't obligated to do so.
Month-to-month lease also applies if the tenant previously was on a lease which the landlord now refuses to renew. In such cases the tenant is protected also "against immediate eviction along with the same terms and conditions of the expired lease".
Paying extra for using the backyard
It is legal for landlords to charge extra to use parts of the property not listed in the lease which should specify exactly what the tenant has access to (notwithstanding the areas used for entering and leaving the property).
Appurtenance
Refers to a part of the property not directly attached to it. Ex. parking space.
When two roommates are both on the lease and the non smoker wants to kick the smoker out
If there's no provision in the lease that prohibits smoking in the apartment, then the smoker has the legal right to stay. However, if there is a provision in the lease that states that smoking isn't allowed, then there is legal ground to evict the smoker. Only the landlord has the legal right to evict as the lease is a contract between the landlord and the smoker.
If the non smoker can persuade the smoker to move out and bring in a replacement., he or she must first get the landlord's approval before the new roommate's name is put on the lease.
Landlord won't renew lease because of the dog
Landlords have the right to change their buildings' policies. The landlord can either add to or change the previous year's lease terms and the tenant may either accept or choose to move out.
When a prospective tenant finds a nicer unit online in the same building shown earlier by a broker
It all depends on the brokerage agreement the prospective tenant signed with the broker before seeing apartments. If the agreement states that the client is required to pay the broker a commission fee for renting a unit in the building the broker introduced the client to, regardless of whether the client rents the specified unit or any other unit in the building through the borker or not, then the client has the legal obligation to pay the fee. There's usually a specific timeframe within which this agreement remains effective. However, if the client didn't sign any such contract, then he or she is not liable to pay the broker any fee.
Is it legal for the landlord to deduct the cost of removing tenant installed california closets from the security deposit
It is legal if the lease requires that the tenant must get permisison before making alterations to the apartment. Otherwise the landlord can remove the cost of fixing any alterations made by the tenant from the security deposit. In that case, the landlord must provide the tenant a list of the cost of all the repairs along with the balance on the security deposit "within a reasonable period of time after the termination" of the lease. The tenant should also ask for receipts to ensure the repairs were actually done.
Will the roommate law allow the boyfriend to move in an already two roommate apartment
The roommate law dictates that a tenant can add another roommate only if he or she lives alone. If there already are two roommates in the lease, then the third roommate must be an immediate family member of one of the roommates. However, if the other roommate moves out, then the roommate's law allows the boyfriend's name to be added to the lease.
The leasing office says the apartment will be ready to move in 4 weeks instead of 2 weeks as promised
If the lease contains a provision that states that "the landlord isn't liable for failing to deliver possession on the agreed upon date", meaning if the landlord promised the apartment would be ready to move in two weeks, he/she isn't responsible if the tenant ends up waiting four weeks before moving in. However, the landlord must notify the tenant-to-be of the new starting date within "a reasonable period of time". Otherwise, the tenant has the right to cancel the lease and demand full refund (both rent and security deposit). Also, the landlord isn't responsible for any financial loss that may arise while the tenant waits to move into the new apartment. So no reimbursement for hotel stays.
Question: what is considered a reasonable period of time and who decides that?
Difference between an exclusive and an open listing
In an exclusive listing a specific broker or brokers have the sole right to market a property. That means all the photos and floor plans of that property can only be found on that broker's website. Any other agent or broker who wants to show that particular unit must get the exclusive broker's permission to do so. In an open listing no one agent or broker has the right to market a property. So any agent interested in photographing or showing an apartment can do so with permission from the landlord or the management company.
Source: brickundergroundny.com
There has to be a provision in the lease that specifies who can park where and under which circumstances. So, if the lease dictates that everyone must park their cars in the back of the house and that no car can linger in the driveway, then the tenant has the right to insist that the landlord park his/her car in the back. However, if there's no such provision in the lease, then the only thing the tenant can do is ask nicely that the car not be parked in the driveway and hope the landlord is considerate enough to do so.
Does the landlord have access to tenant's apartment for an ongoing construction project to meet building code?
Most leases specify that a landlord can enter the tenant's apartment with reasonable notice to make necessary repairs or maintenance and without notice in an emergency. So, according to the lease, the tenant has to provide access to the landlord and his repair crew to do the work to meet building code. In terms of reasonable notice, it is customary that the landlord give at least a 24 hours notice before he or she can enter the apartment to do the repair/maintenance job. In the case of an ongoing project, the tenant can work out a schedule with the landlord of when the repair crew can work in the apartment.
A newbie to the city who is eager to buy
When relocating to a new city, whether it's NYC or elsewhere, it makes more sense to rent for a year before embarking on buying a property. It's advisable to take that year to become familiar with the neighborhoods, the buildings and the types of properties that are available in the prospect's price range. A rent-to-buy apartment can be a good option if the prospect is lucky enough to find one.
When the landlord won't sign or renew a lease
That means the tenant is on a month to month lease.The terms on this type of lease can change with 30 days' notice. That means the landlord only needs to give the tenant a 30 days notice to leave. Likewise the tenant also needs to notify the landlord only 30 days before he or she moves out. A month-to-month lease will protect the tenant against immediate eviction. If you like the place, keep persuading your landlord to sign a lease but understand that he or she isn't obligated to do so.
Month-to-month lease also applies if the tenant previously was on a lease which the landlord now refuses to renew. In such cases the tenant is protected also "against immediate eviction along with the same terms and conditions of the expired lease".
Paying extra for using the backyard
It is legal for landlords to charge extra to use parts of the property not listed in the lease which should specify exactly what the tenant has access to (notwithstanding the areas used for entering and leaving the property).
Appurtenance
Refers to a part of the property not directly attached to it. Ex. parking space.
When two roommates are both on the lease and the non smoker wants to kick the smoker out
If there's no provision in the lease that prohibits smoking in the apartment, then the smoker has the legal right to stay. However, if there is a provision in the lease that states that smoking isn't allowed, then there is legal ground to evict the smoker. Only the landlord has the legal right to evict as the lease is a contract between the landlord and the smoker.
If the non smoker can persuade the smoker to move out and bring in a replacement., he or she must first get the landlord's approval before the new roommate's name is put on the lease.
Landlord won't renew lease because of the dog
Landlords have the right to change their buildings' policies. The landlord can either add to or change the previous year's lease terms and the tenant may either accept or choose to move out.
When a prospective tenant finds a nicer unit online in the same building shown earlier by a broker
It all depends on the brokerage agreement the prospective tenant signed with the broker before seeing apartments. If the agreement states that the client is required to pay the broker a commission fee for renting a unit in the building the broker introduced the client to, regardless of whether the client rents the specified unit or any other unit in the building through the borker or not, then the client has the legal obligation to pay the fee. There's usually a specific timeframe within which this agreement remains effective. However, if the client didn't sign any such contract, then he or she is not liable to pay the broker any fee.
Is it legal for the landlord to deduct the cost of removing tenant installed california closets from the security deposit
It is legal if the lease requires that the tenant must get permisison before making alterations to the apartment. Otherwise the landlord can remove the cost of fixing any alterations made by the tenant from the security deposit. In that case, the landlord must provide the tenant a list of the cost of all the repairs along with the balance on the security deposit "within a reasonable period of time after the termination" of the lease. The tenant should also ask for receipts to ensure the repairs were actually done.
Will the roommate law allow the boyfriend to move in an already two roommate apartment
The roommate law dictates that a tenant can add another roommate only if he or she lives alone. If there already are two roommates in the lease, then the third roommate must be an immediate family member of one of the roommates. However, if the other roommate moves out, then the roommate's law allows the boyfriend's name to be added to the lease.
The leasing office says the apartment will be ready to move in 4 weeks instead of 2 weeks as promised
If the lease contains a provision that states that "the landlord isn't liable for failing to deliver possession on the agreed upon date", meaning if the landlord promised the apartment would be ready to move in two weeks, he/she isn't responsible if the tenant ends up waiting four weeks before moving in. However, the landlord must notify the tenant-to-be of the new starting date within "a reasonable period of time". Otherwise, the tenant has the right to cancel the lease and demand full refund (both rent and security deposit). Also, the landlord isn't responsible for any financial loss that may arise while the tenant waits to move into the new apartment. So no reimbursement for hotel stays.
Question: what is considered a reasonable period of time and who decides that?
Difference between an exclusive and an open listing
In an exclusive listing a specific broker or brokers have the sole right to market a property. That means all the photos and floor plans of that property can only be found on that broker's website. Any other agent or broker who wants to show that particular unit must get the exclusive broker's permission to do so. In an open listing no one agent or broker has the right to market a property. So any agent interested in photographing or showing an apartment can do so with permission from the landlord or the management company.
Source: brickundergroundny.com
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