US Legal Forms
Legal Resources
Questions & Answers
Landlord Tenant
The landlord has not yet delivered me the keys of the apartment. What can I do in such situation?

The landlord has not yet delivered me the keys of the apartment. What can I do in such situation?

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, it is implied that a landlord has to deliver possession as per the agreed lease term, unless there is an express provision to the contrary. Upon landlord’s failure to deliver possession, a tenant can rescind the lease and recover any consideration paid. This is enumerated under N.Y. Real Prop. Law § 223-a, which deals with remedies of lessee when possession is not delivered, states as:

In the absence of an express provision to the contrary, there shall be implied in every lease of real property a condition that the lessor will deliver possession at the beginning of the term. In the event of breach of such implied condition the lessee shall have the right to rescind the lease and to recover the consideration paid. Such right shall not be deemed inconsistent with any right of action he may have to recover damages.

In the case at hand, upon landlord’s failure to deliver possession and absent any express provision regarding delivery of possession, a tenant may rescind the lease and recover consideration paid, if any 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.*