Landlord-Tenant Disputes Handled Efficiently in Albany

Albany Landlord-Tenant Lawyer

New York has some of the most tenant-protective landlord-tenant laws in the country, and Albany is no exception. The Housing Stability and Tenant Protection Act of 2019 (HSTPA) overhauled decades of established practice — expanding notice requirements, restricting security deposit deductions, limiting application fees, and significantly strengthening tenant defenses.

Whether you are a landlord trying to enforce a lease or a tenant facing an improper charge or unsafe conditions, understanding current New York law is essential.

Seraj Law represents both landlords and tenants in Albany County. We explain your legal rights clearly, advise on the most efficient path to resolution, and represent you in court when necessary.

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What an Albany Landlord-Tenant Attorney Can Do for You

• Explain your legal rights under New York state law and the HSTPA
• Review and draft lease agreements to protect your interests
• Provide strategic guidance on disputes before they escalate
• Represent you in negotiations with the other party
• Manage court proceedings in Albany City Court or Albany County Supreme Court

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Common Landlord-Tenant Disputes in Albany

Late or Unpaid Rent

Non-payment of rent is the most common landlord-tenant dispute. New York’s RPAPL provides a process for recovering possession, but the statutory notice requirements are strict. Under RPAPL § 711, a landlord must serve a proper rent demand before commencing a non-payment proceeding — a demand that fails to use the correct form or give the required notice period will be dismissed.

Security Deposit Disputes

Under General Obligations Law § 7-108 (as amended by the HSTPA):

• Security deposits are capped at one month’s rent for most residential tenancies
• Landlords must return the deposit within 14 days of the tenant vacating, with itemized written deductions
• Failure to return the deposit within 14 days waives the right to make any deductions
• Tenants can recover up to double the withheld amount for violations

Habitability Claims

Under Real Property Law § 235-b, every residential lease carries an implied warranty of habitability. Conditions that may constitute a habitability breach include:

• Rodent or insect infestations
• Lack of heat during cold weather
• Broken locks or security failures
• Water intrusion, mold, or flooding
• Lead paint hazards

Tenants with valid habitability complaints may be entitled to rent abatement, lease termination, or damages.

Lease Violations

Common lease violations that lead to disputes:

• Unauthorized subletting or additional occupants (particularly common in student housing near SUNY Albany)
• Pets in no-pet buildings
• Noise and nuisance complaints
• Property damage beyond normal wear and tear
• Unauthorized alterations to the rental unit

Rent Increases and Stabilized Units

For market-rate tenancies, landlords have more flexibility — but must still provide proper notice before increasing rent. For rent-stabilized units, increases are regulated by the DHCR and subject to specific guidelines. Illegal rent overcharges can result in the tenant recovering treble damages.

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Protecting Landlord Rights Under New York Law

As a landlord in Albany, your rights include:

• Rent collection — enforcing payment obligations per the lease and RPAPL
• Lease enforcement — holding tenants to the terms they agreed to
• Eviction for cause — recovering possession through proper RPAPL proceedings
• Property damage recovery — pursuing claims for damage beyond normal wear and tear
• Unauthorized subletting enforcement — requiring tenants to obtain consent before subletting

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Protecting Tenant Rights Under New York Law

As a tenant in Albany, your rights include:

• Habitability — the right to a livable unit under Real Property Law § 235-b
• Security deposit protections — proper return within 14 days with itemized deductions
• Protection from retaliation — landlords cannot evict or harass tenants for exercising legal rights (Real Property Law § 226-b governs subletting rights; RPL § 223-b protects against retaliatory eviction)
• Protection from discrimination — under the New York Human Rights Law
• Rent stabilization protections — if your unit is covered, extensive renewal and increase restrictions apply

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Legal Services from Seraj Law

• Lease review and drafting — ensuring your lease is current, compliant with the HSTPA, and protects your interests
• Demand letters — formal written demands that often resolve disputes without court involvement
• Security deposit disputes — pursuing or defending claims for withheld deposits
• Habitability defense — representing tenants in rent abatement proceedings
• Eviction representation — representing landlords through the full RPAPL process
• Lease renewal disputes — advising on notice requirements and stabilization obligations

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Why Choose Seraj Law

• Both sides represented. We understand the dispute from both the landlord’s perspective and the tenant’s — which makes us better advisors regardless of which side you are on.
• HSTPA fluency. Many Albany landlords and tenants are operating under pre-2019 assumptions. We know the current law.
• Efficient dispute resolution. Not every dispute requires litigation. We identify the fastest path to resolution that protects your position.
• Local court knowledge. We practice regularly in Albany City Court and Albany County Supreme Court.

Contact Seraj Law to discuss your landlord-tenant matter.

The information on this page is for general informational purposes only and does not constitute legal advice. Reading this page does not create an attorney-client relationship. Contact Seraj Law, PLLC to discuss the specific facts of your situation.