The legal relationship between a landlord and tenant is a very complicated one. Each party in the lease has a lot of different responsibilities. For a landlord, this includes completing maintenance, paying the underlying mortgage, and providing a safe place to live. For a tenant, the key responsibilities include paying rent and abiding by any community bylaws.
In some situations, a tenant may feel that the landlord is not keeping up with their end of the agreement. In these situations, or if the landlord negligence caused an injury, a tenant may feel the need to file a lawsuit against the landlord. One of the biggest concerns that a tenant may have is that the landlord will try to eat it then if the tenant files the lawsuit.
Eviction is Likely Illegal
The New York City housing code is generally very favorable towards tenants over landlords. This is particularly true when it comes to evection practices. There are generally only a few legitimate reasons why a landlord may be able to evict you. If the landlord is trying to evict you simply because you filed a lawsuit to protect your personal rights under the lease and housing code, the evection process will likely be denied if you appeal it. Due to the complexity of the evection process, it would be a good idea to have an attorney handle the appeal.
Lack of Payment Could Cause Eviction
While the New York City housing code is very favorable towards tenants, there are situations when a landlord will be able to divert you from the apartment. One of the clearest violations that can lead to an evection is if you stop paying rent on time. Many tenants that deal that they are wrong under the terms of the lease agreement believe that they do not have to pay until the landlord is back in compliance. However, this is generally not true. To ensure that you are not elected, it is important that you continue to pay rent to the landlord and time even during the civil process. If you have suffered a loss due to a lease violation by the landlord, it should be included in your claim under your civil lawsuit.
If the landlord determines that you are being a nuisance at the property and are violating bylaws of the community or lease agreement, they may be able to try and evict you. However, many of these violations are not very straightforward or easy to prove. This can make it harder for the landlord to successfully evict you without good evidence.
End of Lease Term
Another common situation when you could be removed from the apartment by the landlord is at the end of the lease term. Most leases have a term of 1 to 3 years. While the landlord is required to provide you with a place to live during this period of time, they are not obligated by the lease to continue to offer you a place to live. If your lease is running out of time, you should be prepared to move out of the apartment. However, through the use of legal support you may be able to receive a right of first offer on the apartment for an extension.
While the landlord is not generally able to give back to you because you file a lawsuit, it would still be a good idea to hire a personal injury attorney before you file any suit. A personal injury lawyer will be able to ensure that all necessary notices and claims are properly filed. This will help to protect your housing rights before, during, and after the lawsuit. They may even be able to place a claim that will require the landlord to continue to lease you the apartment after the term is over.
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