Under Real Property Law Section 235-e, if a tenant pays for rent in cash or any instrument other than their own personal check, the landlord (or other person authorized to receive rent) is required to provide a written receipt. A tenant paying by personal check may also request a written receipt, in which case the landlord is obligated to provide one.
Written receipts must contain the following:
A landlord is also required to provide a five-day written notice of nonpayment of rent if the landlord does not receive rent within five days of the due date. If the landlord fails to provide this notice, the tenant may use this as an affirmative defense in a nonpayment proceeding.
Both a landlord and tenant should make an effort to keep good records of rent payments.
Post-1929 Dwellings: All multiple dwellings constructed, converted, or altered after April 18, 1929, must have a valid certificate of occupancy before the tenant moves in. If a landlord does not have a certificate of occupancy, they may be unable to successfully evict a tenant if the landlord seeks to evict the tenant. Municipal laws may require additional certificates for rental units.
A landlord does not have an absolute right to retain or destroy personal property belonging to a tenant. Even where a tenant is evicted or legally dispossessed, the landlord’s rights extend only to the real property. After an eviction, a landlord is required to safeguard or store items of value left in the leased premises for a reasonable period of time until the tenant claims the property. If a tenant demands the return of their property, the landlord must permit the tenant to go on the premises and remove the personal property. Additionally, landlords must ensure proper handling and storage of the items, as improper actions—such as placing the items on the curb instead of storing them—can lead to a legal claim. Jo v. JPMC Specialty Mortg., LLC, 135 F.Supp.3d 54 (2015))
For manufactured homes, if a court declares the home abandoned, the park owner or operator has a specific obligation to store any household goods and personal property left in the home for a minimum of three months from the date of the final court order. After this three-month period, the owner or operator has no further liability for storage or safekeeping and may then dispose of or destroy the property. Any charges for such storage can be recovered from the former tenant. RPAPL §795(4).
In Morales v. Pastilha, N.Y.L.J., Mar. 29, 1995, at 34, col. 5 (Yonkers City Ct.), the landlord sent the tenant’s property to a storage place where it was sold, even though the court had ordered that the tenant be given access to the premises in order to retrieve the property. The landlord was held liable for conversion (theft).
A buyout is a method the landlord may employ in which the landlord offers the tenant a lump sum payment of money in order to induce the tenant to move out of their apartment.
In rare cases, a tenant may recover for emotional distress. It’s important to consult with a lawyer to determine what damages are available to a tenant if the tenant has suffered emotional distress due to their landlord’s conduct.
The elements of intentional infliction of emotional distress are as follows:
Unless the landlord has lost ownership due to foreclosure or a tax sale, the transfer of property to a new landlord doesn’t typically affect a tenant’s rights. A tenant’s agreement to recognize the purchaser at a foreclosure sale as the new landlord establishes a direct relationship, making the tenant liable to the purchaser for rent during the remaining lease term. Generally, tenants with a written lease are entitled to remain on the foreclosed property for the duration of the lease or a 90-day notice period, whichever is longer.
Renter’s Insurance: In general, renter’s insurance is not required in New York. However, landlords may include a lease provision that requires tenants to obtain renter’s insurance.
The warranty of habitability includes the requirement that the premises be ‘fit for the purposes reasonably intended by the parties.” This may, in some cases, include amenities called for by the lease. If a landlord fails to provide a promised amenity, it is also a breach of contract. Certain amenities not necessarily life threatening, but consistent with the nature of the bargain–e.g., air conditioning–fall under the protection of that branch of the warranty, as do predictability and reliability of services. The location of the premises, the amenities that were touted to go with the apartment, and representations made by the landlord consistent with the lease are all factors that enter into a tenant’s reasonable expectations.
To legally remove a squatter, a property owner must follow the lawful eviction process. Squatters have fewer rights than tenants, but cannot be removed from the premises except by law enforcement possessing a warrant of eviction.
In New York, an individual generally gains significant protection from self-help eviction (requiring the owner to use a formal judicial summary proceeding instead of simply locking them out) if they are a “lawful occupant” who has maintained possession for a period of time. Such an individual is generally either a tenant (an occupant with an oral or written lease) or a squatter (an occupant who entered the premises lawfully and has occupied for at least 30 consecutive days, but is not a tenant).
The 30-Day Threshold (For Lawful Occupants): An occupant gains protection from unlawful eviction if they meet the following criteria:
This protection applies to tenants whose leases have expired, family members residing in the unit for at least 30 days, roommates, other licensees of tenants, and workers provided housing as part of their job, provided their occupancy was lawful.
