The New York landlord's law book
By: by Mary Ann Hallenborg ; edited by Marcia Stewart and Janet Portman.
Contributors: Stewart, Marcia.; Portman, Janet.
Edition: 1st ed.
Publisher: Nolo.com
Published: 2000
Place of publication: Berkeley, CA
Language: eng
Subjects: Landlord and tenant -- New York (State) -- Popular works.; Leases -- New York (State) -- Popular works.; Housing -- Law and legislation -- New York (State) -- Popular works.
Genres: Popular works.
Notes: Includes index.
System requirements for accompanying computer disc: Windows, DOS, and Macintosh computers.
Table of contents: title: How to choose good tenants and avoid discrimination complaints. Avoiding fair housing complaints and lawsuits -- Legal reasons for rejecting a rental applicant -- Fair housing laws define illegal grounds for rejecting tenants -- Penalties for housing discrimination -- Advertising your rental property -- Renting property that's still occupied -- Dealing with prospective tenants -- Checking references, credit history and more -- Choosing - and rejecting - an applicant -- Commissions and finder's fees -- Holding deposits -- Preparing leases and rental agreements. Which is better, a lease or a rental agreement? -- Using the lease forms in this book -- Completing the lease or rental agreement form -- Signing a lease or rental agreement -- New York City window guard rider -- New York State ("ETPA") rent-stabilized rent notice -- Lease forms and riders for New York City rent-stabilized units -- About guarantors -- How to prepare a renewal lease for rent-stabilized tenants -- Basic rent rules.  How much can you charge? -- When rent is due -- Where and how rent is due -- Rent receipts -- Late charges and discounts for early payments -- Returned check charges -- Partial or delayed rent payments -- Raising the rent -- Rent regulation. Rent stabilization -- Rent control -- "individual apartment improvement" rent increases -- Major capital improvement ("MCI") rent increases -- Senior citizen rent increase exemption (SCRIE) -- High rent / high income deregulation -- How to deal with a rent-stabilized tenant's rent overcharge complaint -- Security deposits. What's a security deposit? -- -- Last month's rent -- Dollar limits on deposits -- Dollar limits on deposits for rent-regulated units -- Where to put the money -- When the deposit must bear interest -- When interest must be paid -- Changing the security deposit arrangement -- Handling deposits when you buy or sell rental property -- Hiring supers, resident managers and management companies. Legal reasons for hiring a super or manager -- Hiring your own super or manager -- How to prepare a building superintendent/property manager agreement -- Your legal obligations as an employer -- Management companies -- Your liability for a super or manager's acts -- Notifying tenants of the super or manager -- Municipal registration requirements -- Firing a super or manager -- Evicting a manager -- Getting the tenant moved in. Inspect the rental unit -- Photograph the rental unit -- Send new tenants a move-in letter -- Cash rent and security deposit checks -- Organize your tenant records -- Apartment sharing, subletting and assignments. Dealing with co-tenants -- Subtenants and other occupants -- Additional occupants and the "roommate law" -- Sublets and the "sublet law" -- When a tenant wants to assign the lease -- Landlord's duty to repair and maintain the premises. Landlord's legal responsibility for repairs and maintenance -- How to meet your repair and maintenance responsibilities -- Tenant repair and maintenance obligations -- Tenant responses to unfit premises : paying less rent -- Tenant responses : calling inspectors, filing lawsuits and moving out -- Avoiding problems by adopting a good maintenance and repair system -- Landlord's regular safety and maintenance inspections -- Landlord's right of entry and tenant's right to privacy. General rules of entry -- New York City tenants must permit entry for repairs and inspections -- Rent-regulated tenants must give access for repairs, improvements, inspections and showings -- The best approach to giving "reasonable" notice -- Entry in case of emergency -- Entry to make repairs -- Entry to inspect unit -- Entry during tenant's extended absence -- Entry to show property to prospective tenants, buyers or lenders -- Entry by others -- Other types of invasions of privacy -- What to do when tenants unreasonably deny entry -- Tenants' remedies if a landlord acts illegally -- Dealing with environmental hazards. Lead -- Asbestos -- Refrigerants -- Radon -- Collecting overdue rent. What's a "rent demand"? -- Written rent demands: the "three-day notice" -- How to fill out a rent demand notice -- How to deliver a rent demand notice -- Proof of service -- Oral rent demands -- Calculating the tenant's deadline to pay or leave -- Accepting rent after you deliver a rent demand notice -- If the tenant won't pay rent (or leave) -- If the tenant is chronically late paying rent -- Terminating month-to-month tenancies. How month-to-month tenancies end -- Terminating month-to-month tenancies within New York City -- Terminating month-to-month tenancies outside New York City -- How much notice the tenant must give to end tenancy -- When no notice is required to end tenancy -- Accepting rent after a termination notice is given -- Grounds for terminating fixed-term and rent-regulated tenancies -- Basic termination notices and terms -- Termination for violation of lease term -- Termination for "immoral or illegal use or occupancy" -- Termination for nuisance or objectionable conduct -- Grounds for removing rent-regulated tenant -- Tenant's right of termination -- When a tenant volunteers to leave -- Succession rights to rent-regulated units -- Retaliatory evictions prohibited -- How to prepare and serve notices terminating leases and rent-regulated tenancies. Termination basics -- Who may sign notices -- Preparing a notice to cure -- Preparing a termination notice -- Notice of non-renewal for rent-stabilized tenants -- How to deliver notices -- DHCR filing requirements for rent-regulated tenancies -- DHCR certificates of eviction -- Returning security deposits and other move-out issues. Preparing a move-out letter -- Inspecting the unit when a tenant leaves -- Applying the security deposit to the last month's rent -- Basic rules for returning deposits -- Deductions for repairs and cleaning -- Deductions for unpaid rent -- Preparing an itemized statement of deductions -- Mailing the security deposit itemization -- If a tenant files a complaint or sues you -- If the deposit doesn't cover damage and unpaid rent -- Lawyers and legal research. Finding a lawyer -- Types of fee arrangements with lawyers -- Saving on legal fees -- Resolving problems with your lawyer -- Attorney fees in a lawsuit -- Doing your own legal research -- Where to find state, local and federal laws -- How to research court decisions.