Wednesday, June 17, 2009

LANDLORD/TENANT MATTERS IN NASSAU COUNTY

At least once to twice a month, I am in Landlord/Tenant Housing Court in Nassau County representing tenants. One of the many issues I am faced with, which makes Nassau County much different than New York City, is that most of the leases are not rent stabilized/rent controlled or have other statutory protection. Many of them are just one year (I've seen some two year) leases or oral leases (oral leases in New York are also known as a month to month tenancy). That means at the end of the term of the written lease, the landlord (or you) is not obligated to renew for any reason or, if you wish to remain, the landlord may ask for a high increase. If an oral lease, the landlord (and you) may at any time (upon 30 days notice) seek to terminate the lease for any reason or, if you wish to remain, the landlord may ask for a high increase. Thus, if you are from New York City and move to Nassau County and do not enter into a lease for an apartment subject to rent regulation, you may be faced with the above issues, specifically, no right of renewal and no statutory fixed rent increases (or rarely decreases) but rents fixed at the discretion of the landlord. And note: in this economy, landlords want good tenants so if you have always paid on time, at the end of your lease, or upon 30 days notice if an oral lease, maybe you can ask your landlord for a reasonable rent decrease or other concession - but if the landlord says "No", you must be willing to remain on the landlord's terms or move to new premises. In a later blog, I will discuss other issues that arise when you rent in Nassau County.

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