Rochester, NY asked in Landlord - Tenant for New York

Q: Can landlord decline to renew lease right after you have been complaining about services to the owner? Retaliatory?

I’ve lived here for eight years and never complained. I have had problems this last year and been vocal to owner about it for last month and now I am told I have to leave by September 30.

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1 Lawyer Answer
Daniel Michael Luisi
Daniel Michael Luisi
Answered
  • BROOKLYN, NY
  • Licensed in New York

A: In New York, when a landlord terminates your tenancy within one year of lodging a complaint about the premises, you may have a retaliatory eviction defense to summary eviction proceedings in housing court. If you prevail, the petition to evict will be dismissed, and you may be awarded additional monetary compensation and attorney’s fees. Have a lawyer evaluate your case to see if you have enough evidence to support your defense and counterclaim.

Steven Warren Smollens agrees with this answer

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