New York Complaint regarding double rent damages for holdover
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How to fill out Complaint Regarding Double Rent Damages For Holdover?
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FAQ
Warranty of habitability A landlord might violate a tenant's right by, for example, not providing heat or hot water on a regular basis, or not ridding an apartment of an insect infestation. The warranty of habitability includes public areas of a building in addition to individual apartments.
Effective April 7, 2022, the New York statute of limitations for debt/rent collection lawsuits arising out of a consumer credit transaction is reduced from six years to three years.
Landlords can potentially take their tenants to court If damages are significantly higher than the amount of the security deposit, the landlord may be able to pursue civil action against the tenant for the remaining cost of repairs to the unit.
New York law allows landlords to charge a monthly rent amount, or portion thereof, that is up to double the original monthly rental amount. In addition, the holdover tenant would be responsible for any further losses incurred by the landlord due to their holding over, as determined by a court of competent jurisdiction.
Key Takeaways. A holdover tenant is a tenant who continues to pay rent, even after the lease has expired. The landlord must also agree, or else eviction proceedings may occur. Holdover tenancy exists in a gray area between a full rental contract and trespassing.
You can sue your landlord in housing court to force them to make the repairs. This is a special kind of case called a "Housing Part" case, or more commonly, an "HP action" or "HP case." An HP action is a case that you file against your landlord when the landlord will not make repairs or provide services.
Painting costs A landlord usually has to repaint a rental unit every few years for basic maintenance. In that case, they can't deduct painting costs from a security deposit. Landlords can only use a security deposit to pay for painting costs when a tenant has painted over the original color or damaged the walls.
Defenses to a Holdover Case You didn't do what the landlord/owner said you did. It is not as bad as the landlord/owner said. You fixed the problem when you got a Notice to Cure. The Notice to Cure or the Notice of Termination does not contain enough details for you to understand what the landlord/owner is claiming.