Landlord Tenant Lawyer Albany NY | SRIS, P.C.
Landlord Tenant Lawyer in Albany County, NY
A landlord tenant lawyer in Albany NY handles disputes over residential and commercial leases, evictions, and property rights under New York law. Law Offices Of SRIS, P.C. provides representation for tenants facing eviction and landlords seeking to enforce lease terms in Albany County Supreme Court. Our firm, founded in 1997, offers 24/7 phone consultations to address urgent housing matters.
New York Landlord Tenant Law
Landlord tenant law in New York is primarily governed by the Real Property Actions and Proceedings Law (RPAPL) and the Real Property Law (RPL). These statutes outline the rights and responsibilities of both landlords and tenants, including procedures for eviction (holdover and nonpayment proceedings), security deposit handling, and warranty of habitability. The law requires strict adherence to notice and procedural requirements, especially in rent-regulated areas.
Last verified: April 2026 | Albany County Supreme Court | New York State Legislature
Official Legal Resources
For the official text of New York’s landlord tenant statutes, refer to the New York Real Property Law (official NY Senate site). For court forms and local procedures, visit the Albany County Supreme Court website.
Landlord Tenant Disputes in Albany County
In Albany County Supreme Court, landlord tenant cases are heard in the Civil Term. A key local procedural fact is that the court requires proper service of notices and petitions; defects can lead to dismissal. The process for a nonpayment proceeding is distinct from a holdover proceeding based on lease violations.
- Serve Proper Notice: Provide the tenant with the required written notice (e.g., 14-day rent demand for nonpayment, notice to cure for lease violations).
- File a Petition & Notice of Petition: File the correct petition with the Albany County Clerk and pay the filing fee. Obtain an index number.
- Serve Court Papers: Have the Notice of Petition and Petition served on the tenant by a licensed process server or through another authorized method.
- Attend the Court Hearing: Appear in Albany County Supreme Court on the specified date to present your case or defense before a judge.
- Execute the Judgment: If a judgment of possession is awarded and the tenant does not vacate, a warrant of eviction must be issued and executed by a sheriff.
Potential Outcomes in Landlord Tenant Cases
In Albany County, landlord tenant disputes can result in judgments for possession, money damages for unpaid rent or repairs, and, in some cases, dismissal of the action with prejudice.
| Action | Legal Basis | Potential Outcome for Landlord | Potential Outcome for Tenant |
|---|---|---|---|
| Nonpayment Proceeding | RPAPL Article 7 | Judgment for unpaid rent & possession | Defense based on repairs (warranty of habitability) |
| Holdover Proceeding | RPAPL Article 7 | Judgment for possession only | Challenge based on improper notice or retaliation |
| Security Deposit Dispute | General Obligations Law § 7-103 | Retain deposit for damages | Recovery of wrongfully withheld deposit + penalties |
| Repair & Deduct | Warranty of Habitability | N/A | Right to repair and deduct cost from rent |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience in Landlord Tenant Law
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. With a combined attorney experience of over 120 years, our firm has handled thousands of civil litigation matters. Our approach to landlord tenant cases is grounded in a thorough understanding of New York’s complex real property laws and local Albany County court procedures.
Contact a Landlord Tenant Attorney Albany NY
If you are involved in a landlord tenant dispute in Albany County, contact our law firm. We offer 24/7 phone consultations to discuss evictions, lease breaches, security deposits, and habitability issues. Our landlord tenant law firm Albany NY serves clients in Albany, Colonie, Guilderland, Bethlehem, Delmar, Cohoes, Watervliet, Ravena, and New Scotland.
Law Offices Of SRIS, P.C.
New York Location
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.
Availability: 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Landlord Tenant Lawyer Albany NY FAQ
How much notice does a landlord have to give to raise rent in New York?
It depends. For month-to-month tenants, a landlord must provide written notice equivalent to the rental period (e.g., one month for monthly tenants) before a rent increase takes effect, unless the lease specifies otherwise. For fixed-term leases, the rent cannot be increased until the lease term ends.
Can a landlord evict a tenant without going to court in Albany County?
No. New York law prohibits “self-help” evictions. A landlord must file a proceeding in Albany County Supreme Court, obtain a judgment of possession, and have a sheriff execute a warrant of eviction. Locking a tenant out or removing their belongings without a court order is illegal.
What are the grounds for a tenant to withhold rent in New York?
Tenants may withhold rent or use the “repair and deduct” remedy if the landlord fails to provide essential services or make repairs that constitute a breach of the warranty of habitability. The conditions must be serious, such as no heat, running water, or a major safety hazard. The tenant should provide written notice and may need to escrow rent funds.
How long does an eviction process take in Albany County?
The timeline varies. A nonpayment proceeding can take 3-8 weeks from notice to sheriff’s eviction if the tenant does not contest it. If the tenant answers the petition and raises defenses, the process can take several months. Holdover proceedings often take longer due to the potential for more complex factual and legal disputes.
What happens to a security deposit in New York when a tenant moves out?
A landlord must return the security deposit within 14 days after the tenant vacates, less any lawful deductions for damages beyond normal wear and tear. The landlord must provide an itemized statement of deductions. Failure to comply can result in the tenant recovering the full deposit plus up to double the amount as a penalty.
Related Practice Areas: Business Lawyer Albany County | Contract Lawyer Albany County | Real Estate Litigation Lawyer Albany County
Other Locations: Civil Litigation Lawyer Broome County | Civil Litigation Lawyer Cattaraugus County
State Overview: New York Civil Litigation Lawyer
Page last verified: 2026-04. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.