Best Landlord & Tenant Lawyers in Brooklyn

About Landlord & Tenant Law in Brooklyn, United States

Landlord and tenant law in Brooklyn is governed by a mix of federal, New York State, and New York City rules. Many disputes involve lease terms, rent payment, eviction, repairs and habitability, security deposits, rent-regulated apartments, and discrimination claims. Brooklyn is part of New York City, so city-level protections and programs apply in addition to statewide statutes. Housing matters are often handled in the New York City Civil Court - Housing Part, and city agencies play a strong role in enforcement and tenant assistance.

Why You May Need a Lawyer

Housing disputes can have quick deadlines, significant consequences and complex procedures. You may need a lawyer if you face any of the following situations:

- An eviction or eviction notice is filed against you or you are served with court papers.

- You are a landlord pursuing nonpayment of rent or possession through court and need help following proper procedure.

- Habitability problems - such as no heat, chronic leaks, mold or insect infestation - and the landlord will not repair despite repeated requests.

- Your landlord tried an illegal lockout, utility shutoff or other self-help eviction.

- There is a dispute over security deposit return or improper deductions.

- You believe you were overcharged or misclassified under rent-stabilization or rent-control rules.

- You face discrimination based on race, disability, familial status, lawful source of income or other protected characteristic.

- You were offered a buyout or pressured to accept relocation without adequate notice or compensation.

- You need help negotiating a lease renewal, draft or review a lease, or want to understand your rights before signing.

- You are a landlord dealing with problem tenants and want to follow lawful eviction procedures while minimizing liability.

Local Laws Overview

This overview highlights the rules and protections most relevant in Brooklyn. It is a summary and not a substitute for legal advice.

- Rent regulation - New York City has rent-stabilized and a small number of rent-controlled units. Rent-stabilized units are subject to yearly rent-guideline adjustments, limits on security deposit handling, and specific renewal and lease terms. Rent control applies in rare circumstances to older tenancies. Determining whether an apartment is regulated requires checking building history and lease status.

- Security deposits - Under New York State law a landlord may generally collect a security deposit that does not exceed one months rent for most residential leases. Landlords must return the deposit within the statutory time period after the tenancy ends and provide an itemized list of deductions when applicable.

- Warranty of habitability - Landlords must provide and maintain livable conditions, complying with housing quality and building codes. Tenants have rights to repairs, rent adjustment remedies in some cases, and to report violations to city agencies.

- Eviction procedure - Landlords must use the court eviction process to remove a tenant. Illegal eviction methods - such as changing locks, shutting off utilities or removing property - are prohibited and may give rise to tenant claims. Tenants served with eviction papers must respond promptly and may have defenses or counterclaims.

- Right-to-counsel - New York City has implemented tenant right-to-counsel programs to provide representation for eligible low-income tenants in certain housing court eviction matters. This program increases tenant access to legal assistance in Brooklyn and across the city.

- Anti-harassment and anti-retaliation - Local laws prohibit landlord harassment and retaliation for tenants who complain about conditions, request repairs or exercise legal rights. Harassment can include threats, persistent interference, failure to maintain essential services or wrongful attempts to remove tenants.

- Fair housing protections - Federal, state and NYC laws prohibit discrimination against tenants based on protected characteristics. New York City law provides particularly broad protections, including against discrimination based on lawful source of income in many situations.

- Enforcement agencies - Several city and state agencies handle housing matters: New York City Housing Preservation and Development enforces building code violations and investigates complaints; the New York State Division of Housing and Community Renewal oversees rent-regulation issues; and Housing Court handles most landlord-tenant litigation.

Frequently Asked Questions

Can my landlord evict me without going to court?

No. In New York City it is unlawful for a landlord to evict a tenant without first obtaining a court order. Illegal eviction methods include changing locks, removing tenant property, or shutting off utilities. If a landlord attempts an illegal eviction you should document what happened, call the police if you are in immediate danger, and contact a lawyer or tenant advocacy group right away.

What should I do if I receive an eviction notice or court papers?

Do not ignore the papers. Read them carefully to understand the deadline for responding. If the papers are a summons and complaint, you must respond in the timeframe stated or risk a default judgment. Gather your lease, payment receipts, any repair requests or communications with the landlord, and photos of conditions. Contact a lawyer, legal aid organization or the court Help Center immediately to understand your defenses and options.

How much can a landlord charge for a security deposit and when must it be returned?

Under New York State rules, the security deposit for most residential leases is generally limited to one months rent. When the tenancy ends, the landlord must return the deposit within the statutory period and provide an itemized accounting for any deductions. Keep records of rent payments and move-in condition to protect your rights.

What are my rights if my apartment has serious repair problems?

Landlords must maintain the apartment so it is safe and habitable. If there are serious problems - such as no heat in winter, major leaks, pest infestation, or electrical hazards - notify the landlord in writing and give a reasonable opportunity to repair. If the landlord fails to act, tenants can report violations to city agencies, seek rent reduction or withhold rent only under narrow legal strategies, or bring claims in Housing Court. Consult a lawyer before withholding rent.

How does rent stabilization work and how can I tell if my unit is regulated?

Rent-stabilized units are subject to limits on rent increases and have guaranteed lease renewal rights. Whether a unit is rent-stabilized depends on the buildings history, year built, number of units and previous regulatory actions. Tenants can check leases, rent history statements, and speak with a housing counselor or lawyer to determine status. If you believe your unit is improperly deregulated or overcharged, you may have a claim through the state agency that handles rent regulation.

What protections exist for tenants using vouchers or public assistance?

In New York City there are strong protections against discrimination based on lawful source of income, which includes housing vouchers in many circumstances. Landlords may not refuse to rent solely because a prospective tenant uses a voucher in places where the law applies. If you experience discrimination, document the interaction and seek assistance from a lawyer or a local fair housing group.

Can my landlord enter my apartment and when?

Landlords have the right to reasonable access for repairs, inspections and emergencies, but generally must provide notice in advance and only enter at reasonable times. The specific notice period may be guided by lease terms and local practices. Unreasonable or unannounced entries that interfere with privacy may be harassment. Keep written records of any problematic entries.

What are my options if the landlord refuses to return my security deposit?

If the landlord withholds the security deposit without proper justification or without providing an itemized list of deductions, you can demand return in writing. If that fails, you may bring a claim in small claims court or Housing Court for return of the deposit plus possible statutory damages. Document the move-out condition with photos and receipts and keep copies of all communications.

How long does an eviction case usually take in Brooklyn?

Timing varies widely depending on the case type, court calendar and whether tenants file defenses or appeals. Some cases resolve in a few weeks, while contested cases can take months. If a judgment is entered, additional time is required before a physical eviction by a marshal or sheriff. Because delays and deadlines matter, seek legal advice promptly.

Are there free or low-cost legal help options for tenants in Brooklyn?

Yes. New York City operates programs that provide free or low-cost legal assistance to eligible tenants, including the citys right-to-counsel program for certain eviction cases. Nonprofit legal services, tenant unions and pro bono initiatives often assist with counseling, representation and housing court accompaniment. Contact local legal aid organizations or the court Help Center to learn about eligibility and services.

Additional Resources

Use these types of organizations and agencies to get information, file complaints and find legal help:

- New York City housing enforcement and inspection services through city agencies that handle housing maintenance and building code violations.

- State agencies that oversee rent regulation and landlord-tenant rules for rent-stabilized apartments.

- Local legal aid organizations and tenant advocacy groups that offer free or low-cost representation and advice for qualifying tenants.

- The Brooklyn Bar Association lawyer referral services for locating private attorneys experienced in landlord-tenant law.

- Housing court Help Centers and court-based resources that explain procedures and forms for litigants without lawyers.

- Community organizations and tenant unions that provide counseling, tenant education and organized support.

Next Steps

If you need legal assistance with a landlord-tenant matter in Brooklyn, follow these steps to protect your rights and get help:

- Preserve documents - Collect your lease, rent receipts, payment records, photos of the unit, written communications with the landlord and notices you received or sent.

- Act quickly - Housing court and eviction deadlines are strict. Contact a lawyer, legal aid office or housing counselor as soon as possible after receiving notices or when issues start.

- Reach out to free resources - Check eligibility for city or nonprofit legal programs and use court Help Centers for procedural guidance.

- Avoid self-help - Do not take retaliatory or self-help measures such as withholding rent without legal advice or attempting to evict a tenant without court authorization.

- Prepare for consultation - When you contact a lawyer, bring organized documents and a concise timeline of events. Ask about fees, possible outcomes and alternative dispute resolution options like mediation.

- Know your priorities - Decide whether you want to stay in the unit, seek repairs, recover money, or move. Your goals will shape legal strategy.

- Keep records of everything - Continue keeping copies of all payments, communications and official notices throughout the dispute.

Getting timely legal advice can change outcomes in landlord and tenant disputes. If you are unsure where to start, contact a local legal aid organization or lawyer referral service as your first step.