Landlord & Tenant Law: A True or False Test

Landlord & Tenant Law: A True or False Test


 

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If the rental property contains 6 or more family dwellings, the landlord is required to keep the deposit in a New York interest bearing bank account. - True or False?

ANSWER: True.

Additionally, the landlord may not mingle deposit funds with personal funds and shall provide tenants with the name and address of the banking organization in which the deposit of security money is made, and the amount of such deposit.
 

Landlords are responsible for recycling - True or False?

ANSWER: True.

Under the recycling laws, landlords have four responsibilities. They must:

  • Provide a storage area for recyclables.

  • Post and maintain signs indicating which materials must be recycled. The signs should also indicate that tenants MUST separate their recyclables into mixed paper/cardboard, plastic/glass/metal.

  • Put recyclables in special receptacles.

  • Remove any non-recyclable material from recycling cans.

Recycling rules are detailed on the NYC Dept. of Sanitation website. If you are a landlord and you’re receiving fines because the tenants are not properly sorting their trash, you should make sure that the tenants are aware of the provisions of the law. Put up good signs and distribute brochures indicating exactly which materials must be recycled and what containers the recyclables go in. The Department of Sanitation (DOS) will supply you with signs. You can visit their web site or call 311 for more information.

If tenants are informed and do not cooperate, you should contact the Department of Sanitation for assistance.

If you want to contest a fine, look at the back of the ticket (summons) issued by the Environmental Control Board for information or see the page on the DOS web site.
 

In New York, a small landlord can represent himself in Housing Court. True or False?

ANSWER: True.

However, there may be risks involved. Landlord/tenant laws in New York are among the most complex in the nation. While you may have grounds to evict a tenant, you may be unaware of the various notice and service requirements which are needed to secure an eviction. Some owners who proceed without a lawyer find themselves hiring a lawyer after a few failed attempts.

 

In New York, a landlord can enter a tenant’s apartment at any time - True or False?

ANSWER: Generally, no.

However, a landlord may enter a tenant's apartment in some situations. For example, the landlord can enter your apartment:

  • At a reasonable time after providing appropriate notice if the entry is either:

    • To provide necessary or agreed upon repairs or services, or

    • In accordance with the lease, or

    • To show the apartment to prospective tenants or purchasers; and

    • In an emergency, at any time and without notice.

 

In New York state, if a stabilized building was converted from 6 to 5 units - existing tenants can still get a renewal lease that is rent regulated - True or False?

ANSWER: True.

In general, if the owner converted a six or more unit building to one with five or fewer units, the tenants in occupancy remain under rent regulation. For more information, contact DHCR or book your free consultation with us to discuss your specific situation.


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Tenants may withhold rent or exercise the right to “repair and deduct” if a landlord fails to take care of important repairs, such as a broken heater - True or False?

ANSWER: True.

New Jersey tenants are legally entitled to rental property that meets basic structural, health, and safety standards and is in good repair. If a landlord fails to take care of important maintenance, such as a leaky roof or a broken heater, you have several important legal rights, including:

  • the right to withhold rent until repairs are made, and

  • the right to “repair and deduct”—that is, to  hire a repairperson to fix a serious defect that makes a unit unfit (or buy a replacement part or item and do it yourself) and deduct the cost from your rent.

 

If you don’t pay rent when it is due, the landlord may begin charging you a late fee - True or False?

ANSWER: True.

Under New Jersey law, landlords must wait five days before charging a late fee, but only when the premises are rented or leased by senior citizens receiving specified benefits, such as Social Security, or by recipients of other specified government benefits, such as Social Security Disability.

 

A tenant has 30 days to pay overdue rent or move before a landlord can file for eviction - True or False?

ANSWER: True but…

Different rules may apply in communities with rent control.

 

A tenant can sue his landlord in small claims court for the return of their deposit, up to a dollar amount of $10,000 - True or False?

ANSWER: False.

A tenant can sue his landlord in small claims court for the return of their deposit, up to a dollar amount of $5,000.

 

If a landlord’s property is foreclosed upon, by law the tenants of the foreclosed property must accept the cash offer to leave made by the foreclosing agency or they face eviction - True or False?

ANSWER: False.

Tenants should be aware that they retain their rights under landlord-tenant laws even in properties that are being or have already been foreclosed.


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Connecticut state law limits landlords to charging one month’s rent or less for a security deposit - True or False?

ANSWER: False.

Connecticut landlords may charge up to two months rent for security deposits.

 

Connecticut landlords must give tenants at least three days in which to pay the rent or move - True or False?

ANSWER:  True.

Rent must be paid by midnight on the third day after the day it is due, or the landlord may start legal proceedings to evict the tenant.

 

Since 1973, the interest rates for security deposits in Connecticut has decreased - True or False?

 ANSWER: True.

The interest rate of security deposits in Connecticut was 4% in 1973 and is .8% in 2016.

 

If there is no written lease, the landlord and tenant may agree upon terms orally - True or False?

ANSWER: True.

An oral lease, like a written lease, must be followed by both parties; however, an oral lease is more difficult to enforce in court and its items are more difficult to prove because it comes down to one person’s word against another’s.

 

Connecticut law says that if your town or city tells you to get out of your apartment because code violations or a fire have made it unfit to live in, the town has to help you find another place to stay - True or False?

ANSWER: True but…

In order to get some parts of the assistance, you must have been living in the property for 90 days or more at the time you are made to vacate.

 

Do you have have more questions about landlord and tenant law? Do you think you are being taken advantage of? Whether you are the landlord or the renter, you are entitled to certain legal protections. 

Book your free consultation now to speak with one of our legal team members and learn about your rights.

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