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What should I do if my landlord hasn't delivered the apartment keys?

What should I do if my landlord hasn't delivered the apartment keys?

Full question:

I am resident of Nassau. Last month I a rented an apartment for immediate possession. However, the landlord has not yet delivered me the keys of the apartment. What can I do in such situation?

Category: Landlord Tenant
Date: 04/07/2025
State: New York

Answer:

In New York, landlords are required to deliver possession of the apartment as per the lease agreement, unless stated otherwise. If the landlord fails to provide the keys, you have the right to rescind the lease and recover any money you have paid. This is outlined in N.Y. Real Prop. Law § 223-a, which states that every lease includes an implied condition for the landlord to deliver possession at the start of the lease term. If this condition is breached, the tenant can cancel the lease and get back any consideration paid. Therefore, in your situation, you can rescind the lease and seek a refund from the landlord.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What are my rights as a tenant without a lease in NY?

In New York, even if you do not have a written lease, you still have rights as a tenant. You are entitled to a habitable living environment and protection against unlawful eviction. If you have been living in the apartment with the landlord's consent, you may have established a tenancy. Without a lease, you can still seek legal recourse if your landlord fails to fulfill their obligations, such as providing access to the apartment. It's advisable to document all communications with your landlord regarding your tenancy. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

Can you mail apartment keys back?

Yes, you can mail apartment keys back to your landlord, but it is advisable to do so with caution. Ensure you have a record of sending the keys, such as a tracking number. It’s also a good idea to notify your landlord in writing that you are mailing the keys. This helps avoid disputes about whether the keys were returned. However, if you are in a dispute regarding the lease or possession of the apartment, consider discussing the situation with a legal professional before taking action. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

What is the new eviction law in NY?

New York's eviction laws have undergone significant changes, particularly in response to the COVID-19 pandemic. The law now requires landlords to provide tenants with a notice to cure before starting eviction proceedings. Additionally, there are protections in place for tenants facing financial hardship. Landlords must also file a hardship declaration if they wish to proceed with an eviction. It's important to stay informed about these laws, as they can change. For the most accurate and current information, consult a legal professional or local housing authority. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

How much time does a landlord have to give a tenant to move out in NY?

In New York, the time a landlord must give a tenant to move out depends on the reason for the eviction. Generally, a landlord must provide a 30-day notice for month-to-month tenants. For lease violations, a 10-day notice may be required. If the tenant is being evicted for non-payment of rent, the landlord must provide a 14-day notice. Always check the specific terms of your lease and consult with a legal professional for guidance. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

Can a landlord evict you without going to court in NY?

No, a landlord cannot legally evict you without going through the court process in New York. Evictions must follow a legal procedure that includes filing an eviction lawsuit and obtaining a judgment from the court. Self-help evictions, such as changing locks or shutting off utilities, are illegal. If you face eviction, it’s crucial to respond to any court notices and seek legal assistance to protect your rights. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

How much time does a landlord have to give a tenant to move out New York?

In New York, the notice period a landlord must provide to a tenant before they can be evicted varies based on the reason for eviction. For month-to-month tenants, a 30-day notice is typically required. If the eviction is due to non-payment of rent, a 14-day notice is necessary. For lease violations, a 10-day notice may be appropriate. Always review your lease agreement and consult with a legal professional for specific advice regarding your situation. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*