NYC Landlord Tenant Lawyer

Real estate in New York City is more than a market. It is a battlefield. Between ever-evolving housing laws, local court dynamics, and the ever-present risk of tenant disputes, landlords and commercial property owners must navigate a complex legal environment.

At Smyth Levenson LLP, we offer strategic and agile representation rooted in a deep understanding of the issues at stake for landlords and commercial tenants operating in NYC.

If you own, lease, or manage property in any of the five boroughs, you know that timing is key. A misstep in responding to a tenant’s claim, the potential for a missed deadline for a court filing, or a poorly worded lease provision could cost you months in litigation or control over your property. These problems are when our landlord-tenant attorneys get to work.

Who We Represent

Our firm focuses on representing landlords, property managers, and commercial tenants. This focus allows us to provide legal strategies to protect your interests as a property owner or stakeholder.

Whether you are dealing with regulatory compliance issues, complex commercial lease disputes, a holdover tenant, or a rent nonpayment case, we bring clarity, decisiveness, and legal muscle to your side of the table.

Our clients include the following:

• Commercial property owners
• Residential landlords, including owners of rent-controlled or rent-stabilized units
• Property management companies
• Commercial tenants seeking to assert lease rights or defend against landlord claims
• Real estate investors

Navigating NYC’s Real Estate Minefield

New York real estate law is notoriously pro-tenant. Between local zoning regulations, the Housing Stability and Tenant Protection Act (HSTPA), the Rent Stabilization Code, and shifting policies of housing courts across the boroughs, it takes more than a basic understanding of real estate law to protect a landlord’s interests. It requires experience, foresight, and the ability to execute under pressure. 

We provide a full range of legal services to help landlords stay compliant, profitable, and in control. Landlord-tenant matters we handle include the following:

Commercial Lease Disputes

New York’s rent-regulated housing landscape is one of the most challenging and tightly controlled in the country. At Smyth Levenson LLP, we simplify this complexity for landlords, investors, and lenders by providing clear, practical legal guidance tailored to the nuances of New York’s rent control a rent stabilization laws.

We help you understand exactly where your property stands and what the law requires. Our goal is to protect your investment by preventing surprises and resolving issues efficiently, whether you’re acquiring, managing, or financing rent-regulated buildings.

Regulatory Status Reviews

We Analyze rent histories, registrations, and lease terms to identify risks or overcharges and status challenges.

Our team meticulously examines all documentation related to your property’s regulatory status to uncover any discrepancies or potential violations that could affect your legal standing or financial returns. This includes a detailed review of past rent payments, lease agreements, and compliance with rent stabilization or control laws. By identifying these issues early, we help landlords avoid costly disputes and ensure adherence to New York City’s complex housing regulations.

Tenant Succession & Lease Renewal Support

Navigate the legal maze of lease renewals, tenant succession rights, and non-renewal notices with confidence.

Understanding tenant succession rights and lease renewal procedures is crucial in maintaining occupancy and avoiding litigation. We guide landlords through the nuances of tenant succession, ensuring that rightful successors are recognized under the law while protecting your property interests.

Additionally, we assist in drafting and serving proper non-renewal notices when necessary, minimizing the risk of tenant challenges and ensuring compliance with all applicable statutes.

Dispute Resolution & DHCR Advocacy

Represent you in negotiations, administrative hearings at DHCR , HPD, Housing Court and Supreme Court.

Our attorneys are experienced advocates in various forums, including the Division of Housing and Community Renewal (DHCR), Housing Preservation and Development (HPD), housing courts, and even the Supreme Court. We represent landlords in disputes involving rent overcharges, tenant complaints, and regulatory compliance issues.

Our goal is to resolve conflicts efficiently through negotiation or litigation, protecting your legal rights and advancing your interests throughout the process.

Due Diligence That Protects Your Investment

Every property transaction comes with hidden risks—especially with regulated housing. We perform thorough due diligence to:

• Validate legal rents and rent rolls
• Uncover outstanding regulatory or code violations
• Identify any rent-related claims or litigation history
• Evaluate the impact of rent regulation on property value and cash flow
• Advise lenders on regulatory compliance affecting loan security
• Our comprehensive reports empower you to make smart, informed decisions and negotiate from a position of strength.

Don’t let rent regulation uncertainty slow you down. Contact Smyth Levenson LLP today for a consultation.

Nonpayment Proceedings

When a tenant stops paying rent, you may feel stuck, particularly when dealing with a rent-stabilized unit. We initiate and prosecute nonpayment proceedings with urgency, ensuring compliance with notice requirements and settlement strategy when appropriate.

Nonpayment proceedings are a critical tool for landlords to regain control of their property and ensure a steady income stream. Our landlord tenant law attorneys understand the complexities involved, especially in New York City where tenant protections can be robust.

We carefully evaluate each case to determine the best course of action, whether that involves negotiating payment plans, pursuing court action, or seeking alternative dispute resolution. By acting promptly, we help prevent the situation from escalating into prolonged vacancies or financial losses.

Holdover Proceedings

Timing and precision are key in these cases. Our NYC landlord-tenant attorneys move quickly to assert your rights while minimizing the risk of procedural missteps. We handle holdover proceedings involving:

• Lease violations, such as illegal subletting or unauthorized occupants
• Expired lease terms with non-vacating tenants
• Nuisance behavior and unlawful use of premises
• Short-term rental violations, such as Airbnb

Holdover proceedings are often complex and require a thorough understanding of both lease agreements and local housing laws. Our legal team is skilled in drafting and serving the necessary notices, filing petitions in housing court, and representing landlords at hearings.

We strive to resolve these matters efficiently, protecting your property rights while adhering strictly to legal protocols. Whether the issue is a tenant overstaying after lease expiration or engaging in prohibited activities, we advocate vigorously to restore your control over the premises.

In addition to litigation, we also advise landlords on preventative measures to reduce the likelihood of holdover situations, such as clear lease terms and proactive tenant communication. Our comprehensive approach ensures that you are prepared to address holdover challenges effectively and with minimal disruption to your property management operations.

Rent Regulation and Division of Housing and Community Renewal (DHCR) Matters

New York’s post-HSTPA rent regulatory controls have many legal traps for the unwary. We stay current on the most recent developments in housing law and agency interpretations, so you are not caught off guard by shifting standards or newly aggressive enforcement. Our experienced landlord tenant law attorneys advise landlords on various matters, including the following:

• Rent overcharge claims
• Rent Registration filings with DHCR
• Navigating rent freeze orders
• Responding to tenant complaints and harassment allegations
• Major Capital Improvement (MCI) and Individual Apartment Improvement (IAI) filings

Lease Drafting and Negotiation

Many landlord-tenant conflicts stem from outdated or poorly drafted lease agreements. We help commercial property owners and landlords protect their investments from the outset through ironclad lease drafting. We also review and negotiate leases on behalf of commercial tenants. 

Crisis Response: When the Unexpected Happens

Some landlord-tenant disputes arise from crises, such as fires, floods, violations, or even highly publicized tenant actions. Time and clarity are paramount in these situations. Our NYC landlord-tenant lawyers are not only legal advisors—we are landlord tenant law problem solvers.

We can help you contain the situation, communicate effectively with agencies, and take the necessary steps to bring your building or tenancy back into legal and operational stability. 

We offer a rapid legal response in the following situations:

• Emergency repairs or vacate orders
• Allegations of unlawful eviction
• Department of Buildings or Housing Preservation and Development (HPD) violations and lawsuits

Proactive Legal Guidance to Prevent Disputes Before They Start

In many cases, a powerful offense prevents the need for a defense. Our experienced NYC landlord-tenant lawyers cannot only step in when something goes wrong but also help you avoid unnecessary disputes from the outset.

Costly conflicts can stem from gray areas or misunderstandings in lease language, building policies, or rent regulation compliance. We work with clients proactively to reduce their exposure and build systems that protect them from tenant-related liabilities. 

At Smyth Levenson LLP, we draw on a wealth of knowledge and experience gained in handling a range of New York City landlord-tenant, real estate, and litigation matters. Our legal team is approachable, personable, and involved.

We can give you a clear and accurate understanding of your rights and help you make informed decisions that minimize risk and maximize flexibility. If you are dealing with an NYC landlord tenant law matter, call us at 917-540-2729 to schedule a consultation.