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Common disputes between landlords and tenants: part 2

There are a variety of potential disputes that might arise between landlords and tenants in New York City. Some disputes are more common than others. In a previous post, this blog reported on landlord-tenant disputes that commonly arise due to holdover tenants or damage to the premises. There are some additional common disputes of which Queens tenants and landlords may wish to be aware.

Perhaps unsurprisingly, nonpayment of rent is one of the most common issues that gives rise to a dispute between a landlord and tenant. Sometimes long-term tenants will face rent that goes up incrementally over the years. These percentage-based increases can lead to confusion and potential disputes, as landlords and tenants may not always agree on the total amount owed. Additionally, payment disputes may arise if a tenant contracts for a property improvement, such as landscaping or pool maintenance, without the landlord’s knowledge, and the service provider then comes to the landlord for payment.

A dispute between a landlord and tenant may also escalate due to procedural issues relevant to landlord/tenant law. When a landlord seeks to evict a tenant and the matter reaches the court system, the court will evaluate the Predicate Notice, which a landlord uses if he or she wants to terminate a month-to-month tenancy when there has been non-payment of rent by the tenant. A court will also evaluate whether the Petition for the lawsuit was served properly. Both documents have specific requirements regarding their contents, as well as service and signing requirements. These procedural issues can significantly affect a legal case between a landlord and tenant.

Though disputes arise frequently between landlords and tenants due to a wide variety of issues, these two types of disputes, as well as the issues mentioned in this blog’s previous post, are some of the most common. A landlord or tenant who is currently dealing with one of these types of disputes may wish to consult with legal counsel for guidance.

Source: danspapers.com, “The 5 Most Common Landlord/Tenant Disputes,” Andrew M. Lieb, accessed May 13, 2016

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