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Posted on June 25, 2018 by Jeffrey K. Kestenbaum
You finally found the ideal apartment in New York City. You can walk to work, and it is convenient to your favorite places. Best of all, the rent is within your budget.
Posted on May 30, 2018 by Jeffrey K. Kestenbaum
Being a landlord is no easy task. Landlords must meet strict requirements in New York. They can’t just take the monthly rent and do nothing. They have to fulfill certain obligations to tenants throughout the terms of the leases. If they don’t, the tenant has the right to file a landlord negligence claim and receive compensation for damages.
Posted on April 25, 2018 by Jeffrey K. Kestenbaum
A leaky pipe is causing water damage to your apartment. You can’t flush your toilet. You have no hot water, making it difficult to bathe during the cold New York City winter.
Posted on March 27, 2018 by Jeffrey K. Kestenbaum
A friend comes over to your house and slips on a patch of ice while walking up your driveway. In another incident, a trespasser sneaks into your backyard, falls down a hill and breaks an arm. Are you, as a property owner, responsible for either of these incidents?
Under premises liability law, property owners have a duty to avoid exposing people to an unreasonable risk of harm due to a natural or artificial condition. The law states that if the property owner should be aware of the risk and does not remedy the situation in a timely manner, then he or she could be considered negligent and potentially held liable in a lawsuit requesting compensation for damages.
Posted on January 29, 2018 by Jeffrey K. Kestenbaum
It’s cold this time of year in New York. Temperatures drop below freezing, sometimes bringing ice, rain, winds and heavy snow.
The extreme weather conditions bring about concerns regarding snow, heating, and rodents, especially for tenants. Landlords have a responsibility to provide livable conditions for tenants. With the average apartment in New York City renting for roughly $3,000 a month, you’ll want to know what exactly you’re getting for that kind of money. Who is responsible for snow removal? Do you have to pay for pest control?
Posted on November 27, 2017 by Jeffrey K. Kestenbaum
In a word, yes. You absolutely can sue your landlord if there are bedbugs in your apartment – provided you follow the correct protocol for reporting the infestation beforehand. This type of lawsuit is known as a landlord negligence claim. With one, a tenant can claim that their landlord failed to adhere to the implied warranty of habitability. A few important components of this legal requirement are:
Posted on April 19, 2017 by Jeffrey K. Kestenbaum
As a tenant in New York City, you have certain rights. The most fundamental of these rights is to be safe from harm in your home. Your landlord cannot guarantee that there will never be a fire or another emergency in your apartment building, but he or she can – and is legally required to – take reasonable care to prevent emergencies and provide you with features that will keep you safe in the event of an emergency. Failure to take reasonable care to protect one’s tenants is an act of landlord negligence.
Posted on March 27, 2017 by Jeffrey K. Kestenbaum
Mold can be found in homes and public settings across the nation. Mold can grow anywhere, but is most commonly found in high humidity environments like greenhouses and saunas. Individuals who are exposed to mold can suffer from stuffy noses, skin and eye irritation, and difficulty breathing. Individuals who are allergic to mold can experience more severe symptoms as well, such as fever, shortness of breath, and even mold infection in their lungs.
When you rent a house or apartment, you rent it under the assumption that your landlord took care to remove any potential hazards in the unit. However, this is not always the case. If you are exposed to mold in your home and suffer physically as a result, you have the right to seek compensation from your landlord through a premises liability claim.
Posted on December 23, 2016 by Jeffrey K. Kestenbaum
When you rent a home, you rent it with the expectation that you are renting a safe, clean place to live. By law, your landlord is required to remove any safety hazards that arise on his or her property. If he or she fails to remove a hazard, he or she may be liable for any damages that victims suffer in accidents related to that hazard. This principle is known as premises liability.
Posted on April 12, 2016 by Jeffrey K. Kestenbaum
The landlord tenant relationship is covered by state law, and issues ranging from rent payments to repairs are often addressed by local statutes. Landlord tenant law covers the rental of both residential and commercial property. Residential property is property where someone lives and makes his or her home; a commercial property is used for business purposes. Generally for residential properties, a landlord is responsible for providing a habitable living unit for a tenant.
If you or someone you know is renting or leasing a property and has questions about a landlord’s responsibilities, contact a skilled Brooklyn premises liability lawyer to learn about your options under the law.
