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Once the rental agreement is in place, can I occupy the house immediately?

Once the rental agreement is in place, can I occupy the house immediately?

Full question:

I have been on the lookout for a house to rent in the city of New York and have finally decided on one. I am planning to enter into a rental agreement with the owner of the house. Once the rental agreement is in place, can I occupy the house immediately?

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 do so 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 is illegal for a landlord to do in NY?

In New York, it is illegal for landlords to discriminate against tenants based on race, color, national origin, religion, sex, disability, or familial status. They cannot retaliate against tenants for exercising their legal rights, such as reporting unsafe living conditions. Additionally, landlords cannot lock out tenants without a court order or refuse to make necessary repairs. Violating these laws can lead to legal consequences for landlords.

What is the new rent law in New York?

The new rent law in New York, enacted in 2019, includes measures to strengthen tenant protections. It limits rent increases for rent-stabilized apartments and makes it harder for landlords to evict tenants. The law also prohibits landlords from charging excessive fees and enhances the rights of tenants to challenge rent increases. These changes aim to provide more stability and security for renters in New York.

How much can a landlord legally raise rent in New York state?

In New York City, for rent-stabilized apartments, the Rent Guidelines Board sets the allowable rent increases annually. For market-rate apartments, landlords can generally raise rent to any amount, but they must provide proper notice as specified in the lease. Outside of NYC, state law does not impose limits on rent increases, but local laws may apply. Always check local regulations for specific rules.

What is the 3X rent rule in NYC?

The 3X rent rule in New York City refers to a common guideline used by landlords to determine if a tenant qualifies for a rental. It states that a tenant's gross monthly income should be at least three times the monthly rent. For example, if the rent is $2,000, the tenant should earn at least $6,000 per month. This rule helps landlords assess a tenant's ability to pay rent.

What is the New York Tenant Protection Act?

The New York Tenant Protection Act, part of the 2019 rent law changes, aims to enhance tenant rights and protections. It includes provisions to limit rent increases for rent-stabilized units, prevent eviction without just cause, and improve the conditions under which landlords can terminate leases. The Act is designed to provide more security for tenants and reduce the risk of displacement.