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Landlord-Tenant Relationships and the Issues that May Arise

Posted by Melvin Monachan | Feb 01, 2019 | 0 Comments

If you have ever leased or rented a residential or commercial space, you have undoubtedly been a part of a transaction that falls under the purview of Landlord-Tenant Law. Specifically, statutes and other laws that govern the rental of residential and commercial property are what are known as “Landlord-Tenant Law.” Whether or not you are the landlord or the tenant, it is important that you understand the basic types of landlord-tenant relationships and issues that may arise as a result of this relationship.

The Landlord-Tenant Relationship

The landlord-tenant relationship is grounded in both contract and property and as such it will be beneficial for you to understand that there are four different categories in which your landlord-tenant relationship may fall under. In general, while landlord-tenant relationships are ultimately governed by statute, they begin by being bound contractually via lease or even sublease, of the property itself. The four different types of relationships are as follows.

  • Term of Years in Tenancy: This is a relationship that lasts for a fixed period of time which was agreed upon by the landlord and tenant.
  • Periodic Tenancy: This is a relationship that is automatically renewed in perpetuity unless the landlord gives reasonable notice of the termination of this relationship.
  • Tenancy at Will: This relationship ends whenever the landlord and tenant desire the relationship to end.
  • Tenancy at Sufferance: This relationship is perpetuated by the tenant after the expiration of the lease.

You do not need to worry about the legal nomenclature of which type of landlord-tenant relationship you belong in. Melvin Monachan has experience representing both sides in landlord-tenant disputes and is dedicated to providing his clients with confidence and understanding in their case.

Landlord-Tenant Disputes

No matter the type of landlord-tenant relationship you are in, there is a full spectrum of legal disputes to which you may be vulnerable. The following are examples of landlord-tenant matters and how we at Monachan Law may help you with your dispute:

  • Eviction and nonpayment – In the event that negotiations between the parties fall through, Monachan Law helps clients by advocating for them in proceedings in NYC Housing Court or state courts.
  • Holdover and repairs
  • Rent stabilization and rent control – In addition to being highly knowledgeable in the rights of both landlords and tenants in rent stabilized or controlled apartments, we also handle leasing and regulatory issues as well as frequent negotiations for tenant buy-outs.
  • Commercial landlord-tenant issues
  • Nuisance, noise, and pets
  • Efficient Resolution of Residential and Commercial Lease Disputes – At Monachan Law we are experienced in all aspects of the judicial process when it comes to both commercial and residential landlord-tenant matters, including motions, hearings, and trials.

We Are Here to Help With Landlord-Tenant Issues

Whether you are a landlord or a tenant, it is imperative that you seek legal counsel as soon as a dispute arises. At Monachan Law, the goals of our clients, the nature of the legal issue, and comprehensive use of available remedies and options inform our strategy in preserving the rights of our clients. To speak with a member of our legal team about your landlord-tenant issues, fill out an online contact form or call (516) 714-5763 for a free consultation today.

About the Author

Melvin Monachan

Melvin Monachan is the founder of The Law Office of Melvin Monachan, PLLC, a full service, real estate law firm representing individuals, investors and corporate entities in all aspects of real estate law. On the transactional side, Melvin represents purchasers and...

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