Tenant Law Podcast

Tenant Law Podcast

Welcome to the Tenant Law Podcast, where we talk about new, interesting, and/or important legal cases affecting New York City tenants. In this 10-minute pod, first, we give you some background, so you have the context to understand the case we are discussing. Then, we talk about the case. And finally, we explain why the case is important, and give you our Tenant Takeaway! New York City, the law belongs to you. But your ownership of the law is only as great as your understanding of the law. So, let’s learn, to live better! Ask us questions: tenantlawpodcast@gmail.com NOT LEGAL ADVICE Support this podcast: https://podcasters.spotify.com/pod/show/tenant-law-podcast/support read less
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Episodes

Episode 15: Can excessive noise from a neighboring apartment legally justify a tenant withholding rent in New York City? And can a tenant run a daycare in their NYC apartment?
Aug 30 2023
Episode 15: Can excessive noise from a neighboring apartment legally justify a tenant withholding rent in New York City? And can a tenant run a daycare in their NYC apartment?
In Episode 15 we discuss whether excessive noise from a neighboring apartment violates the warranty of habitability and justifies a tenant withholding rent in New York City. The episode also explores the legality of operating a Group Family Daycare in a New York City apartment. Ask us your questions at tenantlawpodcast@gmail.com. Links: Link to Today’s Case Every residential lease implicitly carries with it a “Warranty of Habitability”. Real Property Law §235-b; Park West Management Corp. v. Mitchell, 47 NY2d 316 [1979]. Noise from a tenant’s neighbor can theoretically breach the warranty of habitability and support a rent abatement. Nostrand Gardens Co-Op v. Howard, 221 AD2d 637 [2nd Dept 1995]; Armstrong v Archives L.L.C., 46 AD3d 465 [1st Dept 2007]. Courts have repeatedly held that “a resident of a large city cannot reasonably expect to be surrounded by the stillness which prevails in a rural district.” Carroll v. Radoniqi, 2012 WL 4086956 [Supreme Court, New York County 2012], aff'd, 105 AD3d 493, 494 [1st Dept 2013]. Link for Information on obtaining a Group Family Daycare License A tenant cannot be evicted for running a properly licensed Group Family Daycare in New York City. Marick Real Estate, LLC v. Ramirez, 11 Misc 3d 42, 43 [App. Term 2nd Dept. 2005)]. Please: 5 Stars! Spotify follow! Post on your socials! --- Support this podcast: https://podcasters.spotify.com/pod/show/tenant-law-podcast/support
Episode 11: Getting Your Security Deposit Back; Many Tenants Have a Right To a Pre-Exit Inspection
Jul 10 2023
Episode 11: Getting Your Security Deposit Back; Many Tenants Have a Right To a Pre-Exit Inspection
In Episode 11 we discuss the law that says many tenants have a right to a pre-exit inspection. For non-Rent-Stabilized tenants, within a reasonable time after notification by either the landlord or the tenant of either’s intention to terminate the tenancy (unless it is the tenant terminating the tenancy with less than two weeks' notice), the landlord shall notify the tenant in writing of the tenant's right to request an inspection before vacating the premises and of the tenant's right to be present at the inspection. If the tenant requests such an inspection, the inspection shall be made no earlier than two weeks and no later than one week before the end of the tenancy. The landlord shall provide at least forty-eight hours written notice of the date and time of the inspection. After the inspection, the landlord shall provide the tenant with an itemized statement specifying repairs or cleaning that are proposed to be the basis of any deductions from the tenant's deposit. The tenant shall have the opportunity to cure any such condition before the end of the tenancy. See General Obligations Law 7-108(1-a)(d). In today’s case, we see what happens when the landlord fails to give the tenant the notice of the right to the inspection. Ask us your questions at questions@tenantlearningplatform.com. Check out the Tenant Learning Platform, delivering free, on-demand, online classes for New York City tenants, to help prevent and solve apartment problems without a lawyer. We have a great blog post up about security deposits! --- Support this podcast: https://podcasters.spotify.com/pod/show/tenant-law-podcast/support