Frequently Asked Questions Pertaining to Landlord-Tenant Matters
Do you represent landlords or tenants?
Unlike many law firms, Weiss & Weiss represents both landlords and tenants. We have extensive knowledge and experience litigating both sides of landlord-tenant matters. Our firm has the ability to commence eviction actions, as well as defend such actions. We believe that representing landlords and tenants gives us a unique perspective into such matters and gives us an advantage over a firm that only represents landlords or tenants.
Do you charge your standard hourly fee or a flat rate for landlord-tenant matters?
Depending on the situation, our firm may charge either a flat rate or an hourly rate for these matters. If a landlord has many units requiring legal action, we will generally negotiate a flat rate for the representation. For tenants, we usually charge an hourly rate, as we cannot anticipate how extensive the court time will be in order to resolve a matter brought by a landlord.
What type of landlord-tenant matters does your firm handle?
Our firm handles all types of landlord-tenant matters. Being located in Westchester County, we often are retained in a situation where a private house is being rented. Difficulties often arise between the renter and the landlord. Our firm will review the lease in question, and attempt to resolve all outstanding issues without litigation, when possible. Of course, we also handle other types of properties, such as apartments, where problems arise between a landlord and tenant.
Does your firm prepare leases?
For our landlord clients, our firm will prepare rental leases based on our standard real estate forms. Our experience has shown that in situations where clients prepare their own leases, issues often arise regarding the terms of these leases which may result in unintended consequences for the parties. Our leases will generally avoid these pitfalls. Further, at times litigation is resolved by the entry of a new lease or lease amendment. Our attorneys are experienced in drafting and negotiating same.
Does your firm handle eviction matters?
Through our representation of landlords, our firm handles eviction matters from start to finish. Such cases must be brought in strict compliance with the applicable rules and statutes, in which our firm has extensive experience. When a warrant of eviction is obtained, we will coordinate with the proper officials to have the warrant effectuated and the tenant evicted in compliance with all applicable laws.
What documents are required when meeting with your attorneys?
In order to properly evaluate a case, we request that a copy of the most recent lease and all prior leases, where available, be brought to our firm. We would also request copies of all written communications between landlord and tenant relating to the dispute also be provided. If there is a dispute over payment of rent, copies of all payments, such as checks and money orders, should also be made available.
Do you handle cases throughout the metropolitan areas?
Our firm handles matters in all five boroughs of New York City, as well as Westchester, Rockland, Putnam, and Nassau Counties.
Are your attorneys familiar with rent-regulated leases?
Yes. Many landlord-tenant cases in the metropolitan area involve disputes regarding rent regulation, also known as rent stabilization or rent controlled units. Our firm has extensive experience in such matters, including dealing with the agency that supervises rent regulation, the Department of Housing and Community Renewal, Office of Rent Administration (DHCR).
Do you handle commercial landlord-tenant matters?
Our firm handles both commercial and residential landlord-tenant matters. Our attorneys have over forty years combined experience in negotiating and interpreting commercial leases and in litigating all disputes relating to such matters.