Common Claims Against Landlords

Anyone who has signed a residential or commercial lease can attest to how comprehensive these documents typically are.  Indeed, leases usually have a number of provisions that typically afford the landlord a number of rights unless a lease has been property negotiated between all parties.  Although landlords sometimes have the upper hand in disputes with tenants, there are some common claims against landlords that can be made by tenants when resolving a dispute.

Constructive Eviction

One of the most common claims against landlords is that the landlord constructively evicted the tenant.  Constructive eviction is essentially when the landlord does something or fails to do something that renders the premises partially or wholly unusable by the tenant.  This defense may be available for both commercial and residential leases, and can arise in a number of different instances.  For instance, if the roof of the premises is leaking such that a portion of the premises cannot be used, then a claim for constructive eviction might be made.  In addition, if the landlord fails to provide services, such as utilities, that the landlord has promised to provide, then this could give rise to a claim for constructive eviction.  Some courts have held that even a partial eviction can suspend the performance of the tenant to pay rent.  As a result, arguing that the landlord has constructively evicted a tenant can be a powerful tool when resolving a dispute between a landlord and tenant.

Warranty of Habitability

Another one of the common claims against landlords involves the warranty of habitability.  This argument can usually only be made with residential leases, and the warranty typically cannot be waived by a provision in the lease.  Essentially, the warranty of habitability means that landlords promise to provide habitable premises to residential tenants.  Although it is sometimes unclear what constitutes habitable premises, this usually includes a working heating system, running water, a roof that doesn’t leak, and other necessities of living in a space.  Of course, this would likely not include a dish washing machine, a washer and dryer, or some other non-essential perk of living in a certain place.  It is oftentimes difficult to make a claim based on the warranty of habitability, and most landlords understand that they must provide habitable premises.  However, if a landlord fails to provide basic services to tenants, this argument can be a powerful claim that a tenant can make against their landlord.

Security Deposits

Most landlords require that tenants make a security deposit before they lease premises.  The security deposit is used by the landlord if the tenant ever defaults on the lease and the landlord needs to hire an attorney to file proceedings against the tenant.  The security deposit is also used to pay for damages to the premises and any rent that the tenant fails to pay.

However, many states have rules regarding notifications about security deposits.  Indeed, landlords in many states must typically deposit this money in an interest-bearing account and provide the name and account number of the bank that is holding this money.  If the landlord does not do this, the tenant in many states may be able to force the landlord to apply their security deposit to the rent.  After the security deposit is exhausted this way, landlords typically cannot require tenants to provide a new security deposit.  This can give tenants an advantage for the rest of their lease, since they can’t have the security deposit held hostage if there are damages to the property or other issues during the lease term.  In any case, another one of the common claims against landlords is to demand that the security deposit be applied to the rent if the landlord has not complied with requirements surrounding security deposits.

Procedures of Eviction

There are often very specific procedures that must be followed in order to evict a tenant from premises that they lease for commercial or residential purposes.  The reason for these specific procedures is to give every tenant proper notice about the eviction proceedings, and to ensure that they have an opportunity to respond.  Because of the detailed nature of some of these procedures, it is not uncommon for landlords to make mistakes during eviction proceedings.  Indeed, landlords commonly fail to name the correct parties in the petition seeking eviction, fail to serve notices of the eviction properly, and commonly make other types of mistakes.

Courts are often very protective of tenants, because landlords typically have more power in the landlord-tenant relationship.  As a result, courts oftentimes treat landlords harshly if they make any kind of mistake in eviction proceedings.  This could include dismissing the eviction proceeding outright, which might require that a landlord refile the eviction at great cost.  Because landlords and their attorneys frequently make mistakes during the eviction process, it is important to research the procedures of eviction or talk to an experienced lawyer who knows this process.  Even if pointing out a mistake by the landlord does not prevent the eviction of a tenant, it can give a tenant valuable bargaining power when trying to reach an amicable settlement to a dispute.

The Rothman Law Firm has substantial experience representing both commercial and residential tenants and landlords in all types of matters.  If you are looking for an experienced New Jersey and New York real property attorney, please feel free to contact The Rothman Law Firm to request a free legal consultation.