Browse Month: October 2015

Protecting Landlords

Tenants’ rights frequently makes news, especially in New York real estate law. While it is important to establish and protect the rights of renters, it is also necessary to establish laws and rights for the landlords who make housing available.

If you’re a landlord, there are several instances in which you may need to consult with an attorney. Not only will you need an estimable New York real estate lawyer to help you purchase your properties,but  as you establish yourself as a reputable landlord, you may encounter more situations in which the advice of a lawyer is necessary.

Evictions and Holdovers

No landlord wants to dwell on the possibility of evictions, but unfortunately sometimes it is necessary to have a tenant removed from your building. Evictions are necessary if a tenant has failed to pay their rent or if they’ve violated their lease in some way. A reputable New York real estate law firm will help you navigate the legal system to help you find the best possible solution for your situation. They will be able to guide you as to what your next steps should be and help you efficiently handle what might feel like a real estate nightmare.

Non-Payment Proceedings

If a tenant is not paying their rent, you may need to begin Non-Payment Proceedings to recover any money they owe you. In this situation, you aren’t trying to evict a tenant, just attempting to collect rent owed.

Lease Restructuring

Restructuring a lease may help you maintain a tenant, especially if prices in the area are dropping. Because a lease is a legal document, this is best handled by a knowledgeable New York real estate attorney. Your lawyer will help protect you and your assets during a lease restructuring.

Rent Collection

You read that right. A real estate lawyer can help you collect rent in a timely fashion. They will send demand letters upon late payment and will be able to more quickly begin Non-Payment Proceedings should the need arise. A real estate attorney understands that a landlord’s livelihood is his real estate holdings and that to be profitable, he or she needs to be collecting rent on time.

Article 78 Appeals

In New York, Article 78 deals with property zoning. Other states have similar zoning boards, though they may go by different names. The ability to appeal a zoning decision is an important tool for landlords. Zoning decisions may affect how a property can be used. A real estate lawyer can help you file an appeal against an Article 78 decision to help ascertain whether the decision was a rational one, or whether it was arbitrary or capricious. A court will then decide the merits of the appeal.

Real Estate lawyers are adept at assisting landlords with the legal side of their businesses. Reputable New York real estate firms offer free consultations to help landlords evaluate what services they may need and to help them better understand how an attorney can help them navigate the sometimes murky waters of landlord-tenant relationships. Part of common law, Real Estate law can help protect a landlord, as long as he or she is knowledgeable about it.