When you pay rent on your apartment, you have a right to livable conditions in your home, and coops are no exception. Whether the ceiling falls in your kitchen, there’s mold throughout the house, or you have excessive water damage or flooding, you need to know your rights when it comes to unlivable conditions in New York coops.
When you live in a coop apartment, things work differently than if you were renting from a landlord. In a coop situation, you own a share of the building you live in through a cooperative corporation.
You still don’t own your apartment, which makes the corporation something like a landlord, but with some discrepancies. You’re responsible for certain fees, which can include property taxes and maintenance fees, among other bills. What does that mean for the condition of your apartment?
Because the cooperative corporation is still the owner of the building—not you as the person who owns the shares—they are still responsible for its condition. You can find more details in the proprietary lease regarding who deals with what problems, but the cooperative corporation has a responsibility to keep living spaces livable.
Yes. The Warranty of Habitability is a law that pertains to leased living spaces, like apartments and condos. It states that any leased living space must be fit for human habitation and stay that way as long as someone resides in it.
There are no exceptions for coops in New York, which means that if your apartment becomes unlivable, the cooperative corporation is breaking the Warranty of Habitability law. If you have already notified the corporation of any damages and they have failed to fix them, you need the help of an attorney.
If your coop apartment has become unlivable, DDC Law Firm can help you file a claim against your cooperative corporation. Call us at 718-667-1301 or contact us online for a consultation.
Sales of Property and Status of Tenants in New York State
It’s a seller’s market here in New York. But for a landlord looking to unload a property, a problem
tenant can get in the way of a successful sale.
It’s important to know the steps to take, and the laws surrounding what you can (and can’t) do to get
tenacious tenants to leave.
With a fixed-term lease, unless you have a reason for asking your tenant to leave, you must wait until the
lease expires.
However, with month-to-month tenants, you must follow these timelines when giving notice:
You must give tenants sufficient notice, per the guidelines above, before you expect them to move out. Landlords cannot force their tenants to leave the property, and if you plan to terminate your tenant’s lease early, you must have a reason for it.
If your tenant fails to leave the premises, then you can file an eviction lawsuit, and a sheriff will remove
your tenant.
When showing a home while the tenant still lives there, you can’t knock on their door at the last minute
and demand to enter the space.
You must make sure you show the home at a reasonable time of day. You must also give at least 24
hours’ notice, so the tenant has time to make arrangements to leave the property.
DDC Law Firm has 60 years of experience with laws regarding sales of property and status of tenants in New York State. Our Staten Island real estate attorneys can help you understand your rights as a landlord.
Call us today at (718) 667-1301 or contact us online to request a consultation.
