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What should I do if my landlord won't deliver possession of my rental property?

What should I do if my landlord won't deliver possession of my rental property?

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 must deliver possession of the rental property at the start of the tenancy. If they fail to do so, you can rescind the lease and get back any money you paid for the rental property. According to New York law (NY CLS Real § 235-e), every lease includes an implied condition that the landlord will deliver possession at the beginning of the term. If this condition is breached, you have the right to rescind the lease and recover any consideration paid. This right does not affect any additional claims you may have for 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.