US Legal Forms
Legal Resources
Questions & Answers
Landlord Tenant
What can a tenant do if the landlord fails to deliver the possession of the rental premises?

What can a tenant do if the landlord fails to deliver the possession of the rental premises?

Full question:

My landlord has failed to deliver me the possession of the rental premises. I am a resident of New York. What can I do in such a situation?

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

Answer:

The landlord is required to deliver possession of the rental property at the beginning of the term of tenancy. If the landlord fails to deliver possession of the rental property then tenant may rescind the lease and recover the consideration paid for such rental property. The relevant statutory provision is stated below.

NY CLS Real P § 235-e reads:

“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.”

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 if my landlord doesn't provide access to my rental unit?

If your landlord fails to provide access to your rental unit at the start of your lease, you have the right to rescind the lease. This means you can cancel the agreement and get back any money you paid. New York law requires landlords to deliver possession of the property at the beginning of the tenancy (NY CLS Real § 235-e). You may also have additional claims for damages due to the breach of this obligation.

Can I sue my landlord for not giving me possession of my rental property?

Yes, you can sue your landlord if they do not deliver possession of your rental property as required by your lease. In New York, you have the right to rescind the lease and recover any payments made. Additionally, you may pursue further damages for any losses incurred due to the landlord's failure to provide access. Consult with a legal professional for guidance on how to proceed.

What steps should I take if my landlord won't let me move in?

If your landlord won't let you move in, first try to communicate with them to resolve the issue. If that fails, you can rescind the lease and request a refund of any rent paid. Under New York law, landlords must provide possession at the start of the lease (NY CLS Real § 235-e). If necessary, consider seeking legal advice to understand your options and protect your rights.

Is there a time limit to take action if my landlord doesn't provide possession?

In New York, while there is no specific time limit stated for rescinding a lease due to lack of possession, it is advisable to act promptly. Delaying may affect your ability to recover any payments made or pursue additional claims. If you encounter this issue, consult with a legal professional as soon as possible to ensure your rights are protected.