Best Landlord & Tenant Lawyers in White Plains

About Landlord & Tenant Law in White Plains, United States

Landlord and tenant law in White Plains is governed by a mix of federal, New York State, Westchester County and local rules. These laws cover the rights and obligations of landlords and tenants in areas such as leases, rent payments, security deposits, repairs and habitability, eviction procedures, and anti-discrimination protections. Many day-to-day disputes are resolved through local courts and administrative agencies. Understanding both state statutes and local practices is important if you are renting, leasing, or managing property in White Plains.

Why You May Need a Lawyer

Legal help can be crucial in landlord-tenant matters because small procedural mistakes can have big consequences. Common situations where people need a lawyer include:

- Facing an eviction or receiving a notice to quit. Eviction cases have short deadlines and require prompt, procedurally correct responses.

- Disputes over security deposits, including recoveries or deductions that a tenant believes are improper.

- Habitability and repair disputes when landlords fail to fix serious conditions such as mold, heating failures, plumbing problems or pest infestations.

- Lease drafting or review to clarify obligations, renewal terms, or unusual provisions.

- Rent increase or rent-regulation issues, including questions about rent-stabilized or rent-controlled units.

- Discrimination claims or retaliatory eviction concerns after a tenant complains about conditions or exercises legal rights.

- Complex landlord matters such as removing problem tenants, enforcing lease terms, or pursuing collections for unpaid rent.

Local Laws Overview

Key legal points relevant in White Plains include:

- State law framework. Many substantive rules come from New York State statutes and case law. The Real Property Actions and Proceedings Law and other state statutes set standards for eviction procedures and tenant protections.

- Local courts and procedures. Landlord-tenant disputes in White Plains usually proceed through the local courts in Westchester County. Court practices and available remedies can vary, so local courthouse procedures matter.

- Habitability and repairs. Landlords are required to maintain residential premises in habitable condition. Tenants have remedies for serious violations, including repair-and-deduct in limited situations, rent abatements, and withholding rent only in narrowly defined circumstances after legal advice.

- Security deposits. Security deposits are subject to state rules and local practices. Landlords must follow statutory requirements for holding, accounting for, and returning deposits after a tenancy ends.

- Evictions and self-help. Evictions must follow formal legal processes. Self-help measures such as lock-outs, shutting off utilities, or removing a tenant's property without a court order are illegal.

- Rent regulation. Some units in Westchester County may be subject to rent-stabilization or other regulations depending on building age, size and registration. Whether a particular unit is regulated depends on specific factual and administrative criteria.

- Anti-discrimination protections. Federal, state and local laws prohibit housing discrimination based on protected characteristics and require reasonable accommodations for tenants with disabilities.

- Local enforcement and housing departments. White Plains and Westchester County departments may handle building code complaints, inspections and enforcement related to housing conditions.

Frequently Asked Questions

What should I do if I receive an eviction notice or an eviction summons?

Do not ignore it. Eviction matters have short response deadlines and proceeding can move quickly. Read the papers carefully to understand the deadline for responding. Gather your lease, rent payment records, correspondence and any notices about repairs. Contact a landlord-tenant lawyer or a legal aid provider immediately to evaluate defenses and next steps. Attend any scheduled court appearances and follow local court directions.

Can a landlord increase rent at any time?

It depends on your lease and whether your unit is subject to rent regulation. For tenants with a fixed-term lease, rent cannot be raised during the lease term unless the lease allows it. For month-to-month tenancies, landlords generally must give advance written notice of a rent increase as required by state law. If the unit is rent-stabilized or rent-controlled, increases are governed by state guidelines.

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

Landlords must keep rental units habitable. If there are serious conditions - for example, no heat in winter, major plumbing failures, or pervasive mold - notify the landlord in writing and keep records. If the landlord fails to act, you may have options such as filing a code complaint with local housing authorities, pursuing a court action for repairs and rent abatements, or seeking other remedies. Speak with a lawyer before withholding rent or taking other self-help measures.

How does the security deposit process work in White Plains?

Security deposits are generally held to secure performance under the lease. Landlords must follow applicable state rules about how deposits are handled and when they must be returned after the tenancy ends. Tenants should document the condition of the unit at move-in and move-out and provide forwarding information to the landlord. If a landlord withholds deposit funds, they must provide an accounting of damages and deductions as required by law.

Am I protected from discrimination when renting?

Yes. Federal, New York State and local laws protect tenants and applicants from housing discrimination based on protected characteristics such as race, color, national origin, religion, sex, family status, disability and other categories. Landlords must follow fair housing rules in screening, advertising, and providing reasonable accommodations for disabilities.

Can my landlord enter my apartment without permission?

Landlords generally have the right to enter for legitimate reasons such as repairs, inspections or to show the unit, but entry must be at reasonable times and with proper notice except in true emergencies. The lease may specify the required notice period. Repeated abusive or illegal entries may violate tenant rights and give rise to claims.

What is rent stabilization and how do I know if my unit is covered?

Rent stabilization is a system of rules limiting rent increases and providing other tenant protections for certain buildings. Whether a unit is covered depends on building criteria such as construction date, number of units and registration with state agencies. Determination can require checking building registration and specific eligibility criteria, so seek guidance from an attorney or the state housing agency if you believe you may be covered.

Can I withhold rent if repairs are not made?

Withholding rent is risky and usually not recommended without legal advice. New York tenants have limited remedies such as claiming a breach of the warranty of habitability, seeking an abatement or using code enforcement channels. Improperly withholding rent can lead to eviction for nonpayment. Consult a lawyer before taking this step.

What happens to my belongings if I am evicted?

Landlords must follow legal procedures for removing a tenant and handling personal property. They cannot forcibly remove you without a court order. If the landlord improperly removes or disposes of your belongings, you may have remedies. Keep records and photos of your possessions and the condition of the unit and get legal help promptly.

Where do I file complaints about unsafe or code-violating housing conditions?

For unsafe or code-violating conditions, you can report the issue to local housing or building code enforcement authorities in White Plains or Westchester County. These agencies inspect properties and can issue orders requiring repairs. Documentation such as photos, written complaints and dates of communications will help any investigation. You can also consult a lawyer to explore private legal claims.

Additional Resources

Helpful contacts and resources to consult when dealing with landlord-tenant issues in White Plains include local legal aid programs, the Westchester County housing and code enforcement offices, the county court or local city court that handles landlord-tenant matters, and state housing agencies that administer rent programs and tenant protections. Community organizations and tenant advocacy groups can also provide guidance and referrals. When seeking help, ask about tenant counseling, low-cost representation options and mediation programs offered by courts or community groups.

Next Steps

If you need legal assistance with a landlord-tenant problem in White Plains, consider the following steps:

- Act quickly. Time limits for responding to eviction notices or court papers are short. Missing deadlines can limit your defenses.

- Gather documentation. Collect your lease, rent receipts, communications with the landlord, photographs of conditions, repair requests and any notices you received.

- Contact local legal help. Reach out to a landlord-tenant lawyer for an initial consultation. If you cannot afford a private attorney, contact legal aid providers or tenant advocacy organizations for possible free or low-cost assistance.

- Explore mediation. Many courts and agencies offer mediation as a faster, less adversarial way to resolve disputes. Ask the court clerk or your attorney whether mediation is available.

- Prepare for court. If you must appear in court, be on time, bring all evidence and follow court procedures. Your attorney can advise you on what to expect and how to present your case.

- Know your rights and obligations. Educating yourself about basic tenant and landlord obligations - such as payment of rent, maintenance duties, notice requirements and prohibited landlord actions - will help you make informed decisions and protect your interests.

If you are unsure where to start, a short call to a local legal clinic or tenant resource center can point you to the right agency and help you understand immediate priorities.