Where Do I Go to File a Case Against My Landlord in New York City?

If your landlord has acted unlawfully or negligently and you have evidence and damages, filing a lawsuit can be a good idea. In some cases, tenants try to come to an agreement with a landlord to no avail. Filing legal action against your landlord can motivate them to settle with you and reimburse you for damages. Most landlords shy away from lengthy and expensive lawsuits, and when you hire a lawyer, your landlord will understand that you are serious about getting justice and recovering your due. 

If you cannot come to an out-of-court agreement and proceed to file and win a lawsuit, a landlord could owe you considerable damages. If they have acted particularly maliciously, for example, when illegally evicting you, you could receive punitive damages and compensation. 

However, New York City tenant and landlord laws can be complex. Filing a lawsuit is no guarantee that you will win and receive compensation. Coming to an agreement before taking legal action can avert the risk associated with filing a lawsuit. Before deciding on your next best step, you should talk your situation through with an experienced tenant-landlord attorney who can advise you on all the options for holding a landlord to account. 

In New York City, a landlord cannot simply tell you that you are evicted for any reason. They have to follow the law and either provide you with an official written notice or a court order of eviction. Either way, you do not have to leave immediately and generally have 14 days’ notice after receiving a written statement from a landlord or a court-ordered eviction notice. 

Moreover, the official notice must follow some legal regulations to be valid, which include:

• It must be in writing
• The notice must contain your full name and property address
• If you owe rent, the notice must state how much you owe and for which dates 
• The notice must define the property and its use

If you are worried about getting evicted or a landlord is harassing you, contact an attorney for assistance, as you could have legal recourse. 

Landlords must ensure that their rental properties are safe, sanitary, and adequately maintained. A landlord’s responsibilities include, among others:

• Maintain adequate security measures such as locks, gates, and others.
• Provide running cold and hot water.
• Ensure that lighting in and around the property is adequate
• Provide heating
• Ensure the property is free from pests and hazardous substances such as asbestos and mold

In addition, landlords must comply with state housing maintenance codes, comply with anti-discrimination laws, and follow certain procedures for evicting tenants.

Generally, a landlord cannot just turn up and demand to be let into your apartment as you are entitled to privacy and peace and quiet. The only time a landlord could enter your home legally without giving notice would be to deal with an emergency. However, there can be other situations in which a landlord could enter your apartment, provided they give “reasonable” notice (generally 24 hours or longer):

• To show the property to potential renters or buyers
• To make necessary repairs or provide services
• If the entry is in accordance with your lease

If your landlord changed the locks on your home while you were away, they illegally locked you out, which is a criminal offense. You should contact an attorney as soon as possible to determine how to proceed, as you could sue your landlord. In some cases, tenants can recover treble damages if they experience an “illegal lockout.” 

Trying to determine where to go to file a case against your landlord can be challenging and overwhelming. However, as a tenant, you have a number of rights and do not have to stand for harassment, discrimination, or other violations of the law. Let us help. Our attorneys know NYC tenant-landlord law and can hold landlords accountable for their actions. Contact us today to find out if you have a case and qualify for compensation.