A. Landlord & Tenant

Question 1

What is required for Leases?*

Answer 1

Lease > 1 year

• In writing
• Subscribed by either party to be charged/lawful agent
• Clear + coherent (commonly used words, appropriately divided + captioned)

Lease = 1 year
- Oral

Question 2

Can leases prohibit occupancy by Tenant’s children?

Answer 2

NO

Question 3

What types of tenancies are there?*

Answer 3

Tenancy for years

• Agreed period of time
• Terminates upon stated time

Periodic tenancies
(monthly/yearly)
- Implied by Parties’ actions
- Terminates upon notice/death/attempt to sublet w/o Landlord’s consent

Tenancy at will
- NOT terminable at any moment

Tenancy at sufferance

• T wrongfully remains in possession after expiration of tenancy
• Terminates upon eviction

Question 4

What is required for assignment of ‘residential’ leases?*

Answer 4

Dwelling < 4 residential units

• Landlord must consent (NOT unreasonably withheld)
• Landlord may unconditionally withhold consent w/o cause

Question 5

What is required for sublease of ‘residential’ leases?*

Answer 5

Dwelling > 4 residential units

• Must comply w/ statutory notice provisions
• Landlord must provide written consent (NOT unreasonably withheld)

Question 6

What if Landlord unreasonably withholds consent?*

Answer 6

Landlord must release Tenant from lease if;

1) Tenant requested release from lease
2) Upon 30 days’ notice

Question 7

When does Warranty of Habitability apply?*

Answer 7

Residential tenancies

• Written lease
• Oral lease

NOT commercial tenancies

Question 8

What is the Warranty of Habitability?*

Answer 8

1) Fit for human habitation at inception of tenancy
2) For uses ‘reasonably’ intended by parties
3) Occupants NOT subjected to conditions which would be dangerous/hazardous/detrimental to life health/safety

Question 9

Can Tenant waive/modify rights under the statute? What are the remedies?*

Answer 9

NO

- Void (contrary to public policy)

Question 10

What options are available for Landlord if Tenant holds over lease of a term longer than one month?*

Answer 10

Remove Tenant (as accepted by law)

Accept rent for period subsequent to lease expiring (creates monthly tenancy)

Commence action of holdover summary proceeding (in state location of property)

NOT hold over T to new term equal to term of lease

Question 11

What is required for termination of monthly tenancies?*

Answer 11

New York City (Bronx, Brooklyn, Manhattan, Queens)

• Tenant held over lease
• Landlord serves notice in writing
• At least 1 month before term expires
• In same manner as notice of petition in summary proceedings

NOT New York City

• Landlord/Tenant serves notice (In writing/NOT in writing)
• At least 1 month before term expires

Question 12

What remedies are available for Landlord if Tenant breaches lease?*

Answer 12

Commence special proceedings

- Recover property possession

Question 13

What remedies are available for Landlord if Tenant abandons property?

Answer 13

NOT mitigate damages by re-letting

Question 14

What are the rights regarding recovery of legal fees from summary proceedings if provided under residential leases?*

Answer 14

If Landlord (plaintiff) is successful => Landlord may recover legal fees

If Tenant (defendant) is successful => Tenant may recover legal fees

Question 15

What are the requirements for security deposits made by Tenant?*

Answer 15

1) Landlord must hold security deposit in trust
2) Security deposit may NOT be commingled w/ Landlord’s personal monies
3) Security deposit is NOT Landlord’s asset

Question 16

When must Landlord deposit security in interest-bearing account?*

Answer 16

Rent is in building containing ‘6 or more family dwelling units’

Question 17

What are Landlord’s duties towards security deposit?*

Answer 17

Security deposit in Bank
- Landlord must notify Tenant the location of Bank

Security deposit in interest-bearing account

• Landlord may retain 1% of deposit for expenses
• Landlord may hold balance/pay balance to Tenant

Question 18

What must Landlord do if lease title is transferred to New Owner?*

Answer 18

1) Either;
- Transfer security deposits to New Owner (within 5 days)
- Return security deposits to Tenant

2) Notify Tenant of New Owner’s Name + Address

Question 19

What are Tenant’s remedies if Landlord breaches duty of implied warranty of habitability?*

Answer 19

Make repairs

Offset cost vs rent

Sue for damages

Terminate lease

Request rent abatement

Question 20

What are the consequences if Landlord places deposit wrongfully in escrow account?*

Answer 20

Discipline
Suspension
Licence revocation
Criminal prosecution

Question 21

What are Tenant’s protections in residential leases?

Answer 21

NO Landlord’s retaliatory evictions

• If T makes good faith complaint re L’s violation of warranty of habitability/health and safety law => Landlord can NOT change tenancy terms within 1 year
• If T brings civil action vs Landlord for retaliation => T may recover attorney’s fees

Landlord’s mitigating of damages

• If T violates lease + vacates => L must take reasonable steps to re-let premises at fair market value
• If lease provision exempts L’s duty to mitigate damages => Void (contrary to public policy)

Question 22

What are Landlord’s duties once Tenant’s cash rent payment is received?

Answer 22

Direct receipt

• L must immediately provide signed, written receipt => T
• Including date + amount + premises location + payment period

Indirect receipt

• Receipt must be issued within 15 days
• L must keep record of cash receipts for 3 years

Question 23

What must Landlord do if Tenant fails to send rent payment within 5 days when due?

Answer 23

L must send written notice => T

• Stating failure to receive rent payment (affirmative defence in summary proceedings)
• By certified mail