347-392-6356Contact Us
N
Nacmias Law Firm, PLLC

Landlord-Tenant

Lease Disputes

We handle NYC residential lease disputes outside formal eviction proceedings — illegal sublets and Airbnb violations, security deposit claims, alteration disputes, and lease-renewal disagreements — for both owners and tenants across all five boroughs.

Start Free Case ReviewCall 347-392-6356

Overview

What you need to know about Lease Disputes.

The basics, what we do, and the issues we see most.

What counts as a 'lease dispute' versus an eviction proceeding in NYC?

Quick Answer

Lease disputes are conflicts arising from lease terms or interpretation that don't (yet) require a Housing Court eviction proceeding — illegal sublets, alteration disputes, security deposit returns, sublease consent fights, lease renewal terms, or breach claims. Many resolve through demand letters and negotiation; some escalate to declaratory or injunction actions in NY Supreme Court; some become predicates for holdover proceedings.

Services we offer for Lease Disputes.

Most lease disputes don't need a courtroom — but they do need clear documentation, the right demand language, and an eye on the predicate notices that preserve later remedies. Here's what we do for owners and tenants when lease terms become contested.

  • Investigate and proceed against illegal short-term rentals (Airbnb, VRBO) under MDL § 4(8)(a) and Local Law 18 of 2022
  • Defend or prosecute illegal sublet claims under RPL § 226-b — proper consent process and damages
  • Handle security deposit disputes under GOL § 7-103 — segregated accounts, itemized deductions, return timelines
  • Resolve alteration disputes — consent requirements, restoration obligations, and structural modifications
  • Negotiate lease modifications, riders, and consent agreements (use changes, additional occupants, pets)
  • Issue and respond to predicate notices that preserve later eviction remedies
  • Pursue declaratory judgment or injunction actions in NY Supreme Court when Housing Court isn't the right venue

Scenarios we see most.

  • Illegal short-term rentals (Airbnb violations) under MDL § 4(8)(a) and Local Law 18 of 2022
  • Unauthorized sublets and assignments — RPL § 226-b consent process
  • Security deposit disputes — improper deductions, missed return deadlines under GOL § 7-103
  • Alteration disputes — installations, renovations, structural changes without consent
  • Pet-policy and additional-occupant disputes (the 'roommate law' RPL § 235-f)
  • Lease renewal disputes — non-renewal in non-stabilized units, lease offer terms
  • Use violations — running a business out of a residential unit
  • Surrender and lease termination negotiations (buyouts, abandonment claims)

Who we help

Who we represent.

Every case handled directly by the attorney you speak with at intake.

Property Owners & Landlords

Eviction proceedings, rent collection, lease disputes, rent stabilization.

Tenants & Renters

Eviction defense, habitability claims, rent stabilization rights.

Property Managers

Compliance, lease negotiations, strategic representation for owners.

Co-op & Condo Boards

Shareholder disputes, proprietary lease issues, board-level matters.

How we handle your case

From summons to resolution.

The same attorney handles your matter from intake through hearing and closeout.

  1. 1

    Step 1 of 5

    Review the lease, surrounding correspondence, and underlying conduct

  2. 2

    Step 2 of 5

    Issue or respond to formal notice (cure notice, demand letter, sublet consent process)

  3. 3

    Step 3 of 5

    Negotiate stipulation, modification, or surrender agreement

  4. 4

    Step 4 of 5

    Pursue declaratory judgment, injunction, or Housing Court holdover when negotiation stalls

  5. 5

    Step 5 of 5

    Document outcome to preserve future remedies on either side

Frequently asked

Questions clients ask first.

Direct answers from the attorney who handles these matters.

Most asked

I think my tenant is running an illegal Airbnb. What can I do?

Multiple Dwelling Law § 4(8)(a) prohibits short-term rentals (under 30 days) of an entire apartment in most NYC buildings unless the permanent occupant is also present. Local Law 18 of 2022 added registration requirements for hosts and platform compliance. As an owner, you can document the violation (booking listings, guest activity, neighbor complaints), serve a cure notice citing the lease's 'no illegal use' clause, and pursue holdover proceedings if not cured. The City's Office of Special Enforcement also has independent enforcement authority and can be referred.

Question 2

My tenant wants to sublet. Do I have to allow it?

Under RPL § 226-b, tenants in buildings with four or more dwelling units have a statutory right to sublet for part of their lease term, subject to the landlord's consent — but consent cannot be unreasonably withheld. The tenant must follow a specific process: written request 30 days before the proposed sublet, including specified information about the proposed subtenant. The owner has 30 days to respond; failure to respond timely is deemed consent. Reasonable grounds for denial include adverse credit, prior judgments, and unsuitable proposed use.

Question 3

How long does my landlord have to return my security deposit?

Under GOL § 7-103 (as amended by HSTPA 2019), landlords must return the security deposit within 14 days after the tenant vacates, accompanied by an itemized statement listing any deductions. Failure to provide the itemized statement within 14 days forfeits the right to retain any portion of the deposit — landlord must return the full amount. Deductions are limited to actual damages beyond reasonable wear and tear. Disputes are typically resolved in Small Claims Court for tenants under $10K.

Question 4

Do you represent both landlords and tenants in lease disputes?

Yes — but never on the same matter, and never against a building or party with whom we have an existing relationship. Conflict check happens at intake before substantive discussion. The firm's owner-priority client base means we more often represent the owner side, but tenant-side representation is common particularly for security deposit recovery and Airbnb-related lease disputes.

Question 5

When does a lease dispute become a holdover or nonpayment proceeding?

Lease disputes escalate to Housing Court when the conduct breaches the lease in a way that constitutes a default the owner wants to enforce by eviction (a holdover) — or when nonpayment of rent is the underlying issue. Predicate notices matter: a 30-day notice to cure, a 30-day notice of termination, or a 14-day rent demand are typical predicates depending on the issue. Skipping or defectively serving a predicate notice is the #1 reason holdover cases fail at the first appearance, so we focus on getting them right.

Question 6

What's the difference between a lease dispute in Housing Court vs. Supreme Court?

Housing Court (NYC Civil Court, Housing Part) handles summary proceedings — primarily evictions and rent collection. NY Supreme Court handles declaratory judgment, injunction, money damages over $25K, and equitable relief. A lease dispute about money for security deposit might go to Small Claims (under $10K) or NY Supreme Court (over $25K). A dispute about whether a tenant has the right to sublet might warrant a declaratory judgment in NY Supreme Court before the issue ripens to a holdover. We choose venue strategically based on the relief actually needed.

Guides & resources

Practical references & further reading.

Articles and tools updated as NYC rules change.

View all guides
External

Department of Housing Preservation and Development (HPD)

HPD is responsible for ensuring New Yorkers have access to safe, affordable housing through enforcement, preservation, and development progr

Resource

NYC Housing Court

The NYC Housing Court is the Landlord-Tenant Part of the Civil Court. It hears nonpayment proceedings (tenant owes rent), holdover proceedin

Resource

Small Claims Part

The NYC Small Claims Part hears money disputes up to $10,000 in a simplified, low-cost forum where most parties appear without lawyers. Fili

Free case review

Lease dispute heating up?

Most disputes resolve faster (and cheaper) when proper notice is served early. The wrong predicate notice can lock you out of remedies for months. Same-day case review during business hours.

Start Free Case ReviewCall 347-392-6356

Or email us

[email protected]

An attorney reads every message.

  • Same-day response

    During business hours

  • Direct attorney access

    Same lawyer from intake to close

  • Flat-fee pricing

    On most OATH and closing matters