Landlord & Tenant Law FAQs

A: In general, no. A landlord can only sue a tenant for rent in Housing Court. The tenant is the person who has entered into the agreement with the landlord. If there is a written lease, whoever signs the lease is liable for the rent. Persons who occupy the premises after a tenancy has been terminated can be ordered by the court to pay use and occupancy charges during the time they occupy the premises.

A: Not in Housing Court. If a lease has a clause banning certain individuals, it can probably be enforced. The enforcement in Housing Court would be to terminate the tenant for violation of the lease.

A: You can sue the landlord for the secure deposit in Civil Court, usually Small Claims, depends on the amount. The landlord can deduct any rent owed and the cost of any damages to the apartment.

A: Not unless there is a clause in the lease allowing this. Such a clause might be difficult to enforce, though.

A: Not in Housing Court. You may be able to sue for damages in Civil Court. It is important to see what the written agreement with the broker says.

A: In Housing Court, a tenant can bring an action for repair and correction of violations against the legal owner or lessee of the property. A tenant can also raise counterclaims against the owner if the owner brings a proceeding against the tenant. Normally, the owner would be the trust itself, not a beneficiary.

A: A landlord can serve any legal notices on a tenant. If the tenant returns a Covid Hardship Notice to the landlord, no eviction proceeding can be commenced until August 31, 2021.

A: Normally, the full rent must be paid on the due date. A written lease may have a different provision. If the landlord is able to rent the property for the partial month, he should reimburse the tenant.

A: The landlord is responsible for normal wear and tear to the premises. The tenant is responsible for damages caused by them. Always check the lease to see if it says something different.

A: There are three legal statuses for an occupant of a premises. A tenant is someone who has entered into a rental agreement with the landlord, either verbal or written. A licensee is someone who has the landlord's permission to stay at the premises, basically a guest. A squatter is something who is at the premises without the landlord's permission.