Legal Question in Landlord & Tenant Law in New York

Trouble Tenant

I have a two family house in Brooklyn that I posted fro sale. I informed the tenant of this and asked for his cooperation in having the apartment available for viewing witha dequate notice. He has no lease, been there for 6years or so and pays his rent.

However he has been denying me access to the apartment for viewing claiming that he is sick and needs to rest undisturbed and I am losing valuable opportunities for good prospective buyers.

Please give me your advice on taking him to court to get immediate access to the apartment and the maximum I can raise the rent (currently @ $1100 for two-bedrooms) if this will take more than 3 months to accomplish.

Thank you for your prompt response.


Asked on 1/13/06, 1:48 pm

3 Answers from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: Trouble Tenant

As long as you keep accepting rent from him you are creating month-to-month tenancy leaseholds and in so doing he has the right to restrict access to the apartment. If he is not willing to cooperate, you will need to put him on notice of termination and stop collecting rent in that period.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

Read more
Answered on 1/16/06, 10:49 am
Allen Kaplun Law Office of Allen Kaplun, P.C.

Re: Trouble Tenant

Please contact me to schedule an appointment. Please note there is a $250 consultation fee.

Read more
Answered on 1/13/06, 1:51 pm
Steven Czik CZIK LAW PLLC

Re: Trouble Tenant

You would most likely hae to serve a Notice to Cure. This area of law is our specialty, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

Law Offices of

STEVEN J. CZIK, P.C.

The Soho Building

110 Greene Street, Suite 1102

New York, New York 10012

212.413.4462

[email protected]

The information provided by The Law Offices of Steven J. Czik (LOSJC) is for general educational purposes only. There is no attorney-client relationship established by this communication and no privilege attaches to such communication. LOSJC is not taking and will not take any action on your behalf and will not be considered your attorney until both you and LOSJC have signed a written retainer agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain LOSJC on terms acceptable to LOSJC, you are advised to immediately seek the services of another attorney.

Read more
Answered on 1/13/06, 1:53 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in New York