Landlord Tenant Lawyer Tompkins NY | SRIS, P.C.
Landlord Tenant Lawyer in Tompkins County, NY — What Are Your Rights?
A Landlord Tenant Lawyer Tompkins NY can be essential when facing eviction, lease disputes, or security deposit issues in Ithaca or surrounding communities. Law Offices Of SRIS, P.C. provides focused representation for tenants and landlords under New York’s Real Property Actions and Proceedings Law (RPAPL).
New York Landlord Tenant Law in Tompkins County
Landlord-tenant disputes in Tompkins County are governed by New York state law, primarily the Real Property Actions and Proceedings Law (RPAPL) and the Multiple Dwelling Law. These statutes outline the legal process for evictions (holdover and non-payment proceedings), security deposit handling, warranty of habitability, and lease enforcement. For a tenant, a successful defense often hinges on proving the landlord failed to maintain the premises in a habitable condition. For a landlord, strict adherence to notice and filing procedures in the Tompkins County Supreme Court is critical to a lawful eviction.
Last verified: April 2026 | Tompkins County Supreme Court | New York State Legislature
Official Legal Resources
Understanding the law begins with reviewing the official statutes. You can read the Real Property Actions and Proceedings Law (RPAPL) on the New York State Senate website. For local court forms and procedures, visit the Tompkins County Supreme Court official website.
Local Procedure for Landlord Tenant Cases in Tompkins County
In Tompkins County, most landlord-tenant cases are filed in the Supreme Court, which has jurisdiction over these matters. The local procedural fact is that the court requires strict compliance with notice periods and proper service of process. A common strategic edge involves scrutinizing the landlord’s predicate notices for technical deficiencies, which can lead to dismissal of the eviction petition. The Commercial Division may handle certain high-value commercial lease disputes.
- Receive and Review Notice: The process starts with the landlord serving a predicate notice (e.g., 14-day notice for non-payment, 30-day notice to quit for month-to-month tenancy).
- Petition and Notice of Petition Filed: The landlord files a Petition and Notice of Petition with the Tompkins County Supreme Court and pays the filing fee.
- Service of Court Papers: A marshal or process server must personally serve the tenant with the court papers.
- Tenant’s Answer: The tenant has a limited time (often a few days) to file a written Answer with the court, asserting defenses like breach of warranty of habitability.
- Court Appearance and Negotiation: Both parties appear before a judge or referee. Many cases are resolved through settlement negotiations for payment plans or repairs.
- Trial or Hearing: If no settlement is reached, the court holds a hearing to determine facts and issue a judgment for possession or dismissal.
Potential Outcomes in Landlord Tenant Disputes
In Tompkins County, a landlord tenant dispute can result in a judgment for possession (eviction), a money judgment for unpaid rent or damages, or a dismissal of the landlord’s case with potential counterclaims for the tenant.
| Action | Legal Basis | Potential Outcome for Tenant | Potential Outcome for Landlord | Common Defenses/Counterclaims |
|---|---|---|---|---|
| Non-Payment Eviction | RPAPL § 711(2) | Judgment for unpaid rent + fees; eviction | Recovery of rent; possession | Warranty of habitability; improper notice |
| Holdover Eviction | RPAPL § 711(1) | Eviction after lease term ends | Possession of unit | Retaliation; discrimination |
| Security Deposit Dispute | NY Gen. Oblig. Law § 7-108 | Return of deposit + penalties | Withhold for damages beyond wear/tear | Failure to provide itemized statement |
| Breach of Warranty of Habitability | NY Real Prop. Law § 235-b | Rent reduction/abatement; repair costs | Order to make repairs | Tenant caused condition |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Landlord Tenant Law Firm Tompkins NY
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. With a combined attorney experience of over 120 years and a history of documented results, our firm brings a seasoned perspective to landlord-tenant conflicts. We understand that these cases are often urgent and emotionally charged, whether you are a tenant fighting to stay in your home or a landlord protecting your investment property in Ithaca, Dryden, or Lansing.
Representation in Tompkins County
Our Landlord Tenant Attorney Tompkins NY team represents clients throughout the county. While we have a strong record of advocating for clients in housing disputes, every case is unique. We focus on thorough case preparation, understanding the specific facts of your lease or rental situation, and developing a strategy case-specific to the Tompkins County Supreme Court.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our Landlord Tenant Lawyer Tompkins NY
Law Offices Of SRIS, P.C.
New York Location — Buffalo/NY area
50 Fountain Plaza, Suite 1400, Office No. 142
Buffalo, NY 14202
Toll-Free: (888) 437-7747 | Local: (838)-292-0003 | Local: (838) 292-0003
By appointment only.
Our New York location serves clients with matters at Tompkins County courts in Ithaca. We are accessible via I-90 (NYS Thruway) and I-81. Our landlord tenant lawyer near Tompkins County serves Ithaca, Dryden, Lansing, Trumansburg, Groton, Newfield, Caroline, and Enfield. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Landlord Tenant Lawyer FAQs: Tompkins County, NY
How much notice does a landlord have to give to raise rent in New York?
It depends on the tenancy type. For month-to-month tenants, a landlord must provide written notice equivalent to one rental period (e.g., 30 days for a monthly tenancy) before a rent increase takes effect, as per NY Real Property Law § 232-b. For fixed-term leases, the rent cannot be increased until the lease expires.
Can a landlord evict a tenant without going to court in Tompkins County?
No. A landlord must file a petition in Tompkins County Supreme Court and obtain a judgment of possession and a warrant of eviction. “Self-help” evictions like changing locks, removing belongings, or shutting off utilities are illegal under RPAPL § 853 and can result in the tenant suing for damages.
What is the warranty of habitability in New York?
It is a legal aim for that a rental unit is fit for human habitation and that the landlord will make necessary repairs. Under NY Real Property Law § 235-b, it covers essential services like heat, hot water, and a structurally sound environment. A breach can be a defense to non-payment of rent and allow a tenant to sue for a rent reduction.
How long does a landlord have to return a security deposit in NY?
A landlord must return the security deposit, with an itemized statement of any deductions, within 14 days after the tenant vacates the premises, as per NY General Obligations Law § 7-108. If the landlord fails to do this without justification, the tenant may recover the full deposit plus up to double the amount wrongfully withheld.
What are the grounds for a holdover eviction?
Holdover evictions apply when a tenant remains after the lease term ends without permission. Grounds include expiration of a fixed-term lease, violation of a substantial lease provision (after notice and chance to cure), or the tenant creating a nuisance. The specific procedures are outlined in RPAPL Article 7.
Related Practice Areas: For other legal needs in Tompkins County, explore our Business Lawyer, Contract Lawyer, or Real Estate Litigation Lawyer services.
Nearby Locations: We also assist clients in neighboring counties like Albany County, Broome County, and Cayuga County.
Learn More: For a broader overview of our civil litigation services, visit our New York Civil Litigation Lawyer hub page.
Page last verified and updated: April 2026. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding your landlord tenant matter in Tompkins County.