[PDF] Tenants Guide: Nonpayment Eviction Case

What happens if an apartment is not rent regulated?

When an apartment is not rent regulated, a landlord is free to charge any rent agreed upon by the parties. If the apartment is subject to rent regulation, the initial rent and subsequent rent increases are set by law, and may be challenged by a tenant at any time.

Can a landlord force a tenant out of an apartment?

Code § 8-109; 42 U.S.C.A.§3610(a) (1). landlord is prohibited from any action intended to force a tenant out of an apartment or to compel a tenant to give up any rights granted the tenant by law. No landlord, or any party acting on the landlord’s behalf, may interfere with the tenant’s privacy, comfort, or quiet enjoyment of the apartment.

What happens if a landlord refuses to sublet a property?

If the landlord unreasonably withholds their consent to sublet, the tenant’s only remedy is to be let out of their lease after 30 days’ notice to the landlord. Tenants in buildings with four or more apartments have the right to sublet with the landlord’s advance consent.

What happens if an apartment is damaged?

If only a portion of the apartment is damaged, the rent maybe reduced pursuant to a court order or by DHCR in proportion to the part of the apartment that is damaged. The landlord must then repair those portions of the apartment and return them to livable condition.