Finding a place to live in New York City is tough. Unfortunately, holding a New York City landlord accountable for maintaining a safe and secure environment can be even tougher. Tenants under challenging situations often wonder, “Can I sue my landlord for negligence in New York?” The answer depends on your unique living situation, but in many cases, the answer is yes. You can hold careless New York landlords accountable for their actions if they fail to ensure you have a reasonably safe living arrangement.
At Hach & Rose, LLP, our personal injury attorneys understand tenants’ rights. Our legal team wants to help you understand your legal rights and when it may be necessary to sue if a landlord does not uphold their legal responsibilities and obligations.
You deserve to live in a safe and secure environment. What a landlord can’t do is deprive you of your legal right to a habitable dwelling. Our team has the information you need to know about taking legal action against a landlord in New York.
Reasons to Sue Your Landlord
New York has numerous protection laws to ensure every tenant has a safe and secure place to call home. Landlords must provide clean, well-maintained dwellings free from safety hazards and defects. When a careless landlord or management company fails to uphold its end of the bargain and does not promptly address safety concerns and dangerous conditions, it can be liable for accidents and injuries that result from the hazardous conditions.
Can you sue your landlord in New York? The answer is yes, depending on the circumstances of your situation. Legal action is sometimes the best way to seek compensation and resolve a dangerous problem. It also helps reform landlords and help them change their careless ways, helping to keep future tenants and visitors safe from harm.
One of the most common reasons New York residents sue landlords stems from uninhabitable premises. Landlords must provide and maintain security, heat, hot and cold water, and adequate lighting for their tenants. Issues that can trigger a lawsuit revolving around an uninhabitable premises can include:
- Lead paint
- Toxic mold
- Faulty wiring
- Leaky roof/water damage
- No water
- No electricity
Other reasons you could potentially sue your landlord can involve:
- Security deposit violations
- Illegal clauses in the rental agreement
- Injuries from landlord’s neglect of dangerous conditions
- Wrongful eviction
- Discrimination
- Illegal rent increases
New York has enacted robust changes in state rent law, offering additional protections to tenants and renters across the state.
Can I Sue My Landlord for Emotional Distress?
Emotional distress is often considered an invisible ailment. Although you may not physically see the signs of emotional distress like you would a broken bone or physical wound, the scars caused by mental distress can run deep. Emotional distress can lead to anxiety, depression, headaches, hallucinations, and irregular sleeping patterns. Sometimes, emotional distress can also lead to post-traumatic stress disorder and suicidal thoughts.
In some cases, it may be possible to sue a landlord for negligent infliction of emotional distress when the careless actions of the landlord cause an accident or significant incident. However, proving emotional distress caused by landlord or their negligent actions can be challenging. It is always best to seek the advice of an experienced New York personal injury attorney who can review the specifics of your unique claim and advise you about how to proceed.
Can I Sue My Landlord for Not Fixing Things?
Sometimes, getting your landlord to fix things around your apartment can feel like pulling teeth. However, it is every landlord’s responsibility to make basic repairs and ensure all units are safe and in proper working condition. If you are a tenant and notice broken or unsafe hazards in your dwelling, contact the property owner or landlord immediately and report the problem. It is always wise to request repairs in writing or through email and then follow up with a phone call or text message.
Suppose your landlord does not respond to your request and hasn’t made reasonable accommodations to fix the issue. Write a letter detailing the problems and ask for repairs within a specific time frame. Keep a copy for your records and have the other copy delivered via certified mail to keep track of your correspondence with the landlord. If you cannot locate the address of your landlord or property management company, check the New York Housing Preservation and Development website.
If the landlord continues to fail to address the issue, it is time to file a complaint and seek the assistance of a skilled New York attorney. You may feel compelled to withhold rent until repairs are made or use your rent money to fix the issues yourself. However, before doing so, it is in your best interest to consult a knowledgeable New York attorney who can review your situation and help you find the most viable legal outlets for fixing your apartment and recovering the compensation you may be entitled to if you were injured.
You can potentially sue a landlord for conditions in your apartment, such as mold, lead paint, pest infestations, and other issues that have caused devastating physical and mental health problems that led to financial losses.
Let an Experienced New York Personal Injury Attorney Help You
You deserve to live in a safe and secure environment. When a landlord or property management company cannot or will not live up to their legal obligations, it is time to seek the help of an experienced New York premises liability attorney. At Hach & Rose, LLP, our legal team is committed to offering you peace of mind while we pursue maximum compensation for your financial losses. For over 20 years, our skillful and relentless lawyers have passionately represented New Yorkers injured or harmed because of the careless actions of a landlord or property management company.
Call our New York office today at (212) 779-0057 or contact us online to arrange a free case review. Let us help you pursue justice and get the money you deserve for your injuries and losses.
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