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Question: Upstairs tenants park behind me in my assigned space, blocking me in at all hours. They ignore requests to stop doing it, and property management company notices. How can I dissuade them from continuing to do so? Rental is in New York state.Answer: I am a not a lawyer, but:You are guaranteed by New York law to “quiet enjoyment” of the premises specifically detailed in your lease. This means that no other person or company can claim any interest in (rights to) the premises you have rented. If your parking space is detailed in your lease, then you have rented it, and by your neighbor “claiming interest” (parking in your spot), and by your property manager failing to act with force on this “claim”, the manager has breached the contract. You will need to check with the housing authority (generally a free phone call can confirm the necessary steps), but I believe that you have the right to send a detailed letter to your landlord, describing the infraction, and alerting them that you will be paying your rent to the local housing authority. From that point on, on the day your rent is due, you pay your full rent to the local housing authority, who will hold it in escrow until such time as your landlord repairs the issue — in this case, makes the neighbor stop parking there.The neighbor is also guilty of legal harassment. You may call the police for every occurrence, and after 3–5 police reports, file a cease and desist letter with the courts against the neighbor. After the cease and desist is violated, then you may file for a civil protection order, which could possibly prevent them from parking on the premises at all, no matter their lease provisions.The landlord is also guilty of legal harassment, and a written formal complaint to the housing authority, copied to your property manager, should assist with this issue. The landlord has a duty to prevent harassment intended to drive you from the premises, and must not willfully deny services, and you could *very* easily make a legal argument that forcing you to park on the street or somewhere else, against your legal claim to the parking space, is an action intended to make you leave and then gain the spot for themselves with no bothersome neighbors, and that by failing to enforce the lease with your neighbors, your landlord is willfully denying you the service of enforcing the lease and the service of your parking spot.I’d also recommend, if you dislike going through the courts, finding a new place to park, or several, and obtain pricing estimates. Send a letter to the property manager detailing the offenses and the management’s failure to remedy. Request that if they fail to remedy, your rent be lowered by the amount you must pay to park in a new place, as well as an inconvenience fee for your longer walk. Considering that you must carry groceries and other belongings for this longer walk, I’d seek a fairly high inconvenience fee, as your shoes will wear out sooner, your clothes will wear out, your laundry bills will be higher from increased exposure to filth, your risk of danger is much higher, and you must purchase a cart or something to assist with the transportation of your belongings. Since your landlord is duty bound to respond to your claims of actions against your safety, then they should act fairly quickly, if you inform them that your next step will be filing a complaint with the New York housing authority.Seek a consultation with a landlord/tenancy lawyer. Many lawyers will give 30 minute consultations for free. A lawyer can help you to see what other options you may have. Personal anecdote: I had a previous landlord illegally withhold my security deposit. I had a 30 minute consultation with a lawyer, he drafted a letter to the property manager, and mailed it. He charged $150 per hour for letters, he bills in no less than half hour increments, so my total cost was $75 because he had a template ready to go. I got my full security deposit back — $1500. This was incredibly simple, didn’t involve the courts, and took a grand total of an hour of my time — 30 minutes to find a lawyer and schedule a consult, 15 minute consultation (didn’t need the whole half hour), and 15 minutes to sign the contract and forward the payment.I highly recommend against any of the following actions:Any damage whatsoever to their vehicle or property: You can and will be held liable if the courts become involved. If you file with the courts AND cause damage to their vehicle, then the courts may find that you have recouped your own damages, and that their damages exceed yours, and you could be charged with criminal acts, and made to pay whatever they want to have the thing fixed. They can go to a friend who charges $20,000 to replace a tire — you would have no right to make them go elsewhere. You could file a new claim for the unreasonable charge, but you may not win that because the new judge would hear that you filed with the courts, damaged their property, and now you don’t want to deal with their retaliation. You wasted everyone’s time and now you’re doing it again, and it’s your fault legally, even if it’s not morally.Parking them in: If they experience an emergency, and either EMS is unable to reach them, or if they are unable to reach EMS, then you could be charged with several crimes. If someone dies as a result of your parking job, you could be charged with crimes related to the death, such as manslaughter, intent to cause harm (because you pre-meditated the parking in), or some other serious crime.Any written or verbal threats to life, liberty, or property: You could be charged with harassment yourself. Threats to call a lawyer or the police are fine, so long as you follow through. If you repeatedly threaten legal action and do not follow through, that is also a form of harassment.For further reference: https://ag.ny.gov/sites/default/files/tenants_rights.pdf

This matter is dependent of the Following details-Section 21 TemplateThe legal procedures to terminate a lease tenancy, and for the eviction of a Tenant, are provided in the lease and by law. Where inconsistent, the statutory requirements govern.From time to time we hear from our Landlord clients their “understanding” of a reason why a Tenant cannot be evicted. We have also heard questions from our Landlord clients suggesting their belief that the requirements for eviction are more than what are required by law. Similarly, and more often, we hear from Tenants in response to a summons various reasons why in their opinion the Tenant cannot be evicted. In general, these “reasons” are myths. These myths include, but not by exclusion:Related for :Section 21 TemplateA Requirement of Ninety (90) Days Notice. There are various different requirements for termination of a tenancy, depending upon the nature of the rental premises and the lease. At this time there is not a general ninety (90) day or three (3) month requirement.Thirty (30) Days Notice After Entry of a Judgment. The judgment is effective immediately, enforcement on the manner allowed by law may proceed immediately and no further notice or delay is required for its enforcement unless the Tenant files an appeal and posts an appropriate bond.Thirty (30) Days Notice After Default in Rent. Generally, after default in rent, although the Landlord is required to make demand for immediate payment, no further notice is required. The terms of the lease, however, may include additional notice provisions.A Tenant who is Pregnant Cannot be Evicted. A tenant who is pregnant is not protected from eviction due to that circumstance if the tenant has failed to pay rent or otherwise failed to satisfy the remaining terms and conditions of the lease. Although a Tenant cannot be discriminated against because of the pregnancy, that pregnancy is not a shield to protect her when she has defaulted upon the lawful terms of the lease.A Tenant with Small Children Cannot be Evicted. Similar to the pregnancy issue, the question before the court is only whether the Tenant has defaulted upon the terms of the lease.Unfortunately, Landlords who do assume these myths are true will delay a proceeding to evict a Tenant who is in default, increase the amount of rent due, and increase the probability that the rent due will not be collected.In addition, there are myths concerning the eviction proceedings, once initiated. Many Tenants, and some Landlords, erroneously believe that the court proceedings will take several months. In Jefferson County,Missouri, the judicial proceedings usually are completed within four to six (4-6) weeks of the date of filing, and the Sheriff’s enforcement of the judgment for possession is usually completed within five to eight (5-8) weeks of the date of filing. Courts in surrounding counties in which we practice are often similar.Delays in the judicial proceedings can arise due to various circumstances. These delays include, although not intended to be an exhaustive list, the following:The attorney holds the paperwork received from the Landlord client to process several cases at once. At the Thurman Law Firm, recognizing the importance of pursuing these matters expeditiously, we prepare the required pleadings and file them as soon as possible after receiving the information from the client. We do not hold them until a large group is collected and can be filed.The Landlord does not provide an accurate address for service of process on the Tenant. If this occurs, this may delay the proceedings if an alias summons is required for service, and will certainly increase the expense of the proceedings.The Landlord provides an inaccurate statement of the amount due. When this occurs, Tenants are more likely to contest the claim, delaying the case for a trial. If not identified until trial, it may also delay the decision of the trial judge.A judge’s vacation or conference schedule coincidentally falls when the case would otherwise be set for hearing. This is unfortunate, but does occur from time to time. Usually, however, this will only delay a case one to two (1-2) weeks. If it appears that it will cause a greater delay, at the Thurman Law Firm we will make reasonable efforts to have the case reassigned to another division.The Tenant files a petition in bankruptcy before or during the eviction proceedings. Under the United States Bankruptcy Code, the filing of the petition in bankruptcy stays (prohibits) further prosecution of the eviction proceeding until relief (consent) from the Bankruptcy Court is received. At the Thurman Law Firm, we will counsel our Landlord clients with respect to their respective rights when the Tenant files for bankruptcy. We have on behalf of many landlords filed a motion in the Bankruptcy Court for relief, requesting approval to proceed with the eviction of the Tenant, and when granted that relief finished the prosecution of the eviction proceeding.Landlord is not available for trial on the trial date. Generally, a witness is needed to provide evidence in support of the Landlord’s claim. A manager often serves this purpose. If the Landlord is the only person involved, however, his or her unavailability may result in a delay of the case. The Landlord cannot provide the labor needed to remove the Tenant’s personal property from the premises on a day available to the Sheriff. Following the judgment in favor of the Landlord and the entry of an order of the Court, the Sheriff will remove a Tenant and others present, will keep the peace, but the Sheriff will not provide the labor required to take possession of the premises. Instead the Landlord must provide that labor to remove the Tenant’s personal property from the rental premises (including a mobile home if applicable) and to secure possession of the premises, including changing the locks.Due to our experience at the Thurman Law Firm with respect to handling Landlord/Tenant matters, we recognize in advance the potential for delay in a proceeding and will counsel our client concerning that potential and the options available to reduce or eliminate that delay.Section 21 TemplateIntroductionIn the last few years, landlords in England have seen a number of changes relating to service of Section 21s. To help keep landlords up to date with all these changes this guide provides answers to the most frequently asked questions around serving a Section 21 notice after the Deregulation Act.Which tenancies will be affected?NAny Section 21 served in England at this point has to use the new standardised Section 21 form. Any tenancy that began or was renewed after October 1st2015 must also abide by all the requirements for valid service.Where is the new Section 21 form?Please note that this is the second version provided by the government and if members have downloaded other copies from elsewhere they need to make certain that their version looks like this. Any other version will be invalid.I have an older tenancy, can I still use the old form?No, as of October 1st2018 any section 21 notice relied on in court must be the prescribed section 21 form. As the notice period for section 21 is 2 months in length, any notice served on or after July 30th2018 has to be in the prescribed form.What notice period will I need to give?Unlike the old Section 21(4)a notices, there is no need for landlords to end their notice at the end of a period of a tenancy. As a result, a two month notice period will be all that is needed in most circumstances. Where a contractual tenancy period runs six monthly or yearly, landlords will still need to give an appropriate matching period of notice (e.g. 3 months' notice for quarterly tenancy periods, 6 months' notice for biannual and above).As always, a Section 21 notice period cannot end during a fixed term.How long will a Section 21 last?Section 21s will now last 6 months from the date of service in most circumstances. For contractual periodic tenancies requiring more than two months' notice, possession proceedings will need to be started within 4 months of expiry of the notice.It is a case of use it or lose it so if you let the notice run out without starting Court proceedings it is no longer effective and you would have to re-serve the notice if you did subsequently want to take Court action.When can I serve my Section 21?A Section 21 cannot be served in the first 4 months of the original tenancy but it may be served at the outset of a replacement tenancy. In practice however, the six month lifespan means landlords should get into the habit of serving the Section 21 form as and when it is needed rather than habitually.If, however, the tenant has actually moved out on or before the last day of the fixed term itself (as opposed to the expiry date of the Section 21 notice) then the tenancy ends automatically at the end of the fixed term so no further rent would be payable beyond this date.How will I serve a Section 21 notice to expire on the last day of a 6 month tenancy if I cannot serve in the first 4 months?You cannot. Notice periods now expire a few days after the end of a 6 month fixed term. If a tenant moves out on the final day of the notice period the Deregulation Act makes it clear that landlords should repay the remainder of the rent for the month to the tenant. Therefore, the tenant is only liable for rent for the few days he/she remains in occupation beyond the last day of the fixed term of the tenancy.What do I need to serve a valid Section 21 notice?For tenancies after October 1st 2015 a valid Section 21 can only be given when the tenant has been provided with a copy of a valid EPC and Gas Safety Certificate prior to the start of tenancy. In addition the most recent version of How to rent: The checklist for renting in England should be served at the start of the tenancy. If the How to rent booklet is updated after this point and you renew your tenancy or it becomes a periodic tenancy, then you should provide the latest copy at the point the new tenancy starts. Additionally, if an updated gas safety certificate is obtained during the course of the tenancy a copy of this must be given to the tenant. If you have failed to meet these requirements you should contact the Landlord Advice Team straight away for advice.If you have not renewed or started the tenancy since October 1st2015 the your section 21 notice does not require compliance with the above paragraph.For new and old Section 21 notices the deposit needs to be protected correctly and the prescribed information given to all relevant parties if a deposit was taken. If the property is an HMO that requires a licence then you must have a license or have an application for one ongoing. Likewise, if the property is within a selective licensing area then you must have that licence or have applied for it.Finally, the landlord will also not be able to serve a valid Section 21 notice if they are caught by the new legislation on retaliatory eviction.What is retaliatory eviction?Retaliatory eviction is where a tenant informs the landlord of a repair that needs to be performed and the landlord serves an eviction notice in response.How does this affect Section 21s?Landlords will not be able to serve a valid Section 21 if;the tenant has made a written complaint to the landlord about the condition of the property prior to its being served; andthe landlord has not provided an adequate written response within 14 days (this does not mean the work actually has to be done within this period); andthe tenant has then complained about the same matters to the relevant local authority who have decided to serve an Improvement Notice in respect of the property or have carried out emergency remedial action themselves using their powers under the HHSRS.What is an adequate response from the landlord?An adequate response is a response which defines the actions the landlord is proposing to take to deal with the complaint and sets out a reasonable timescale for doing so. This does not mean the work actually has to be done within this 14 day period.I have already had an Improvement Notice from my council. Can I serve a Section 21 notice?No, you cannot serve a Section 21 notice for six months after an Improvement Notice.I served a Section 21 before the tenant reported the issue. Will my Section 21 be valid?Yes, the repair needs to be reported before the Section 21 is served for it to be a retaliatory eviction.The tenant reported the repair before I served the Section 21 but no Improvement Notice has been issued yet. Is it still valid?Potentially. If an Improvement Notice is issued before the possession order is granted then the Section 21 will become invalid. Landlords will have to make a judgement call in these circumstances as a judge could potentially use general case management powers to adjourn possession decisions.What if the tenant caused the damage?There is an exception if the Improvement Notice is issued based on a defect or issue caused by the tenant.Are there any other exceptions?Yes, if a landlord is genuinely trying to sell the property then the retaliatory eviction legislation does not apply. It does not prevent a claim for possession being made on the grounds of rent arrears including mandatory possession proceedings under Ground 8 for two months rent arrears; nor a claim for possession on grounds of breach of tenancy etc.Will the Tenant Fees Bill introduce more restrictions on serving a Section 21 notice?Yes, landlords who take 'prohibited payments' under the Tenant Fees Bill from June 1st2019 will be barred from serving a section 21 notice until after the payment has been returned to the tenant. At the time of writing this legislation has not been given royal assent but is expected to pass into law soon.Where can I find How to rent: The checklist for renting in England?The RLA has set up a page to archive all copies of this booklet to assist landlords. It will always have the most up to date version available as well as the date on which it came into force.How do I serve How to rent: The checklist for renting in England?Landlords should provide the most recent copy of How to rent: The checklist for renting in England before the start of the original tenancy. There is no need to provide updated versions whenever the government updates this booklet. However, if an update has taken place and a replacement tenancy is granted then landlords will need to provide an updated version. There is a provision for this prescribed information to be provided electronically so long as the landlord has the email address and consent of the tenant. Letting agents and landlords should make amendments to their tenancy application forms to get the tenants prior consent.The RLA's tenancy application form obtains permission for the service of this document electronically so it is ideal if you wish to serve this or the EPC electronically.What about service of gas safety and energy performance certificates?The new regulations make specific provision for the service of the prescribed information electronically. They do not make specific provision for service of the gas safety certificate. The safest option for landlords will be to provide copies to every tenant at the outset of the tenancy in paper format to minimise problems if a Section 21 is needed later on.How am I meant to show I have complied with all of this?Good record keeping is essential. Landlords would be wise to have a tenancy checklist that the tenants can sign at the outset of the tenancy to confirm receipt of all of the relevant documents. The RLA has already drafted one for use by our members.It may also be advisable to provide repair request templates to the tenant so landlords can show the timeline where repairs were reported if challenged on this later in relation to retaliatory evictions.Learn More: Section 21 Template