As a landlord, few things are more frustrating than discovering serious damage to rental property by a tenant. From broken appliances to holes in the walls or water damage, these issues often lead to heated disputes over property damage. At the Law Office of Seth Rosenfeld, we represent landlords in Astoria and throughout Queens County when tenants cause damage and disagreements arise. more What Landlords Can Do If a Tenant Damages Property Under New York property damage laws, landlords have the right to hold tenants responsible for damage beyond normal wear and tear. That can mean: Using security deposit deductions to cover repairs. Starting an eviction process if the damage is serious enough. Filing a claim or lawsuit against the tenant for reimbursement. Many landlords ask, can you sue a tenant for property damage? The answer is yes. If repair costs exceed the security deposit, you can pursue legal action to recover what you’ve lost. Can a Landlord Evict a Tenant for Damaging Property? Yes, landlords have the right to begin eviction proceedings if the tenant’s actions cause substantial harm to the rental unit. Landlords’ rights if tenants damage property are clear under New York law: if the damage makes the apartment unsafe or violates the lease terms, eviction may be justified. The Role of Renters Insurance Another question we often hear is, does renters insurance cover property damage? The truth is, renters insurance usually protects the tenant’s belongings—not the landlord’s property. In many cases, the landlord must rely on the security deposit, legal remedies, or their own insurance. That’s why having a knowledgeable property damage lawyer is so important. Protecting Your Rights as a Landlord If you’re facing a dispute with a tenant, don’t try to handle it alone. Our skilled property damage attorney in Astoria can guide you through the legal process, help you recover repair costs, and defend your rights in court if necessary. At the Law Office of Seth Rosenfeld, we regularly handle cases involving: Disputes over property damage Security deposit disagreements Evictions tied to property destruction Lawsuits for compensation under property damage laws We know how stressful these disputes can be, and we’re here to protect landlords from unnecessary financial loss. Contact our Astoria law firm today for a free consultation!

As a landlord in Queens, NY, renting to Section 8 tenants can be a great opportunity to secure consistent rental income. Section 8, or the Housing Choice Voucher Program, helps low-income individuals and families afford housing by providing government-subsidized rent payments. If you’re considering becoming a Section 8 landlord, The Law Office of Seth Rosenfeld will explain the important steps and benefits involved, and answer some common legal concerns our clients usually have. more Understanding the Benefits of Renting to Section 8 Tenants Renting to Section 8 tenants comes with a number of benefits for landlords. The biggest advantage is the guaranteed rent payments from the local housing authority. With Section 8, landlords receive a portion of the rent from the government. This reduces the risk of missed payments. Furthermore, Section 8 tenants often have a greater need for safe, affordable housing, and the program helps provide stable living conditions for individuals and families. As a landlord, renting to Section 8 tenants can contribute to the community by offering these tenants secure place to live. How to Rent to Section 8 Tenants in Queens, NY Renting to Section 8 tenants involves a few key steps. First, you must register your property with the local housing authority. Once approved, your property will be listed as eligible for Section 8 tenants, and you can begin the process of finding the right tenants for your property. Our landlord-tenant lawyers can help you with the application and approval. To qualify, the property must meet certain health and safety standards set by the housing authority. After applying and ensuring that your property meets these standards, you will need to sign a Housing Assistance Payment (HAP) contract with the housing authority. The amount of rent you can charge will be determined by the local housing authority, considering factors like the size of your property and its location. However, you can still charge the tenant a portion of the rent, which is typically based on their income. Common Questions Landlords Have When Renting to Section 8 Tenants When renting to Section 8 tenants, it’s important to understand some of the rules that come with the program. For instance, Section 8 tenants typically pay 30% of their income towards rent, while the government pays the rest. This guarantees that landlords will receive a portion of the rent payment, even if the tenant is unable to pay the full amount. Regarding the process of renting to Section 8 tenants, the housing authority will also conduct inspections to ensure that the property meets their standards. This inspection is crucial to getting approval for the tenant to move in. Another common concern is whether a Section 8 lease can be terminated. Section 8 leases can be terminated in situations like non-payment of rent, violating the lease agreement, or damaging the property. However, the process for termination should follow the local laws and the specific terms of the HAP contract. Important Considerations for Section 8 Landlords Becoming a Section 8 landlord also requires understanding your responsibilities as a property owner. Regular maintenance of your property is a must, as the housing authority will schedule annual inspections to ensure everything is up to code. Landlords also need to follow local tenant protection laws to avoid issues with evictions and other disputes. Having a Section 8 lawyer on hand can help ensure that you follow the proper legal processes, especially when it comes to terminations, evictions, and disputes with tenants. Renting to Section 8 Tenants with The Lae Office of Seth Rosenfeld Renting to Section 8 tenants in Queens, NY offers stability and benefits for landlords. By following the proper steps and understanding your rights and responsibilities, you can have a smooth experience while providing affordable housing to tenants in need. If you’re interested in renting to Section 8 tenants or need help navigating the process, consider reaching out to our experienced Section 8 lawyer for advice. Our Section 8 housing attorneys here at The Law Office of Seth Rosenfeld helps landlords throughout New York City including Long Island City, Flushing, and Jamaica, understand the process of renting to Section 8 tenants and addresses common concerns and questions. With this information, landlords can confidently consider whether Section 8 is the right choice for their rental business. Contact us today for a free consultation!

Landlord-tenant disputes are not uncommon. After all, there are bound to be disagreements among property owners and occupiers. Understanding the most common issues between landlords and tenants is helpful and can better ensure that all parties protect their rights and interests. If you're stuck in a landlord-tenant dispute of any kind, don't hesitate. We can answer all your questions during your free consultation. Contact us online or give us a call today! Non-Payment of Rent: The Big Issue Non-payment of rent is one of the most common disputes that landlords face. When a tenant fails to pay rent, landlords may feel justified in pursuing eviction, as rent is the core of the landlord-tenant relationship. However, you (the tenant) might withhold rent for a variety of reasons, such as unresolved maintenance issues or because the unit is deemed uninhabitable. This often leads to legal standoffs. If you’re a tenant and withholding rent because of poor living conditions, there are local laws that protect you. Many states or regions require landlords to maintain their properties to meet certain standards. If the landlord fails to do so, you might have legal grounds to withhold rent until repairs are made. However, it's important to note that withholding rent can be tricky—if you don’t follow the proper legal procedures, you may face eviction for non-payment. On the other hand, landlords usually have a right to evict tenants who consistently fail to pay rent. But they cannot simply lock you out without proper notice and following legal procedures. If you are facing an eviction, it’s wise to seek legal advice immediately. In cases of non-payment, courts often get involved to determine whether the landlord has met their obligations (e.g., repairs) and whether the tenant has a valid defense. Lease Violations: Breaches of Agreement Lease violations can lead to a variety of disputes. These violations can include unauthorized subletting, engaging in illegal activities on the property, or making alterations to the premises without the landlord’s consent. If you're a tenant and find yourself accused of violating your lease, you might face eviction or be asked to pay compensation for damages. However, not all lease violations are as clear-cut as they seem. For example, a landlord might accuse you of unauthorized subletting even when you’ve been allowed to have a friend stay for a short period. In such situations, you may be able to argue that the violation was either not severe or that you were not adequately informed about the rules. It’s important to communicate with your landlord when there’s a misunderstanding, and keep a paper trail to prove your position. If you're a landlord, it’s vital that you handle lease violations carefully. Before initiating eviction proceedings, ensure that the lease violation is significant enough to warrant such action and that you’ve followed the proper steps. Eviction for minor violations can often be avoided with a simple conversation or negotiation. Maintenance and Repairs: A Tenant’s Right Another major source of conflict in landlord-tenant disputes is the issue of maintenance and repairs. Landlords are legally obligated to ensure that their properties are habitable and meet certain safety standards. If the landlord fails to address serious issues—such as leaks, heating problems, or broken plumbing—it can lead to dissatisfaction on the tenant's part. Tenants, on the other hand, might try to withhold rent or seek legal remedies if their landlord fails to make necessary repairs. For example, if your unit has a leaky roof and you’ve informed your landlord multiple times without any response, you may be able to legally withhold rent until repairs are made, depending on your jurisdiction. Before doing so, you must follow the proper procedure—typically, giving your landlord notice and allowing them reasonable time to address the problem. In some cases, tenants may also choose to make repairs themselves and then deduct the cost from their rent. However, this should only be done after attempting to resolve the issue with the landlord. If you’re in a situation like this, check local tenant laws to ensure you follow the right process. For landlords, it’s critical to stay on top of maintenance requests to avoid disputes. You should be proactive in addressing necessary repairs and keep detailed records of all communications with tenants regarding maintenance issues. You might also want to consider conducting periodic inspections to ensure the property is in good condition. Security Deposits: A Frequent Battleground Security deposits are another area where conflicts frequently arise. As a tenant, you might be frustrated if your landlord withholds part or all of your security deposit at the end of your lease, claiming damages or unpaid rent. The truth is, landlords can only keep a portion of the security deposit if there’s legitimate damage beyond normal wear and tear or if there are outstanding bills that were agreed upon in the lease. As a tenant, it's important to request an itemized list of any deductions the landlord makes from your deposit. If you don’t receive this in a timely manner, you might be entitled to a full refund of your deposit. If you disagree with the deductions, you can negotiate with the landlord or take the matter to court. Landlords, on the other hand, should be sure to follow all local laws regarding security deposits. For example, some jurisdictions require that security deposits be returned within a certain period of time, and they often mandate that landlords provide an itemized list of damages if they are withholding part of the deposit. Failing to comply with these requirements could lead to legal consequences. To avoid issues with security deposits, both tenants and landlords should document the property’s condition at the beginning and end of the lease. Taking photographs and keeping a checklist can help protect both parties if disputes arise. Understanding common landlord-tenant disputes in New York benefits all parties involved. It can help them to appreciate and work to protect their rights. Seeking legal guidance is always an option in this regard. For your free consultation, contact us online or give us a call today!

Until recently, when a tenant died and still had a lease, landlords had two options: Assuming there was no family member with succession rights to the place, the landlord could either consider the lease terminated or they could allow the tenant’s obligation under the lease to transfer to their estate. If a landlord chose not to consider the lease terminated, the estate either had to pay out the lease’s remainder or petition the landlord to permit the property to be sublet through the end of the lease’s term. The Estate of the Deceased Tenant Now Has More Power Under a law recently signed by Governor Kathy Hochul, the tenant’s executor (if they had a will) or personal representative (if they did not and one was appointed by the estate) can now simply cancel the lease by providing the landlord with notice and turning over the keys. For all practical concerns, this makes it much easier for both the landlord and the tenant’s estate to move on. However, the tenant’s estate can still be held responsible for some of the landlord’s expenses. These include: Unpaid rent that the tenant owed before their death Rent that was unpaid between the time of the tenant’s death and the time of surrender Damages to the apartment or home that are beyond normal “wear and tear” Cleaning services and hazard removal services related to the tenant’s death The cost of moving and storing the tenant’s belongings, if the landlord had to do so As a landlord, you may hope to never have to deal with this particular situation – but it’s a distinct possibility. Knowing what to do to comply with the legalities of the situation can be difficult on your own, particularly if there is no will, disputes over the estate or nobody to claim the tenant’s belongings. Seeking experienced legal guidance can help you navigate the situation. How Does Transfer of the Lease Work? Historically, under New York Real Property Law § 236, when a tenant passed away during the term of a residential lease, the lease did not automatically terminate. Instead, the executor or administrator of the deceased tenant's estate had the option to request the landlord's consent to assign the lease to another party or to sublet the premises. This request had to be accompanied by the written consent of any co-tenant or guarantor associated with the lease. The landlord was then required to respond within a specified timeframe, either granting or reasonably withholding consent. If the landlord unreasonably refused consent or failed to respond, the lease could be deemed terminated, releasing the estate from further obligations. However, this process often proved cumbersome, leading to potential financial burdens on the deceased tenant's estate. Recognizing these challenges, New York State introduced a significant amendment to the Real Property Law. Effective February 15, 2024 (under § 236-A) the executor, administrator, or legal representative of a deceased tenant now has the explicit right to terminate the lease upon providing written notice to the landlord and surrendering possession of the premises. This termination is effective as of the date the notice is given and possession is returned. While this provision allows for the termination of the lease, the estate remains liable for any rent or debts incurred prior to the termination date, including damages to the property and expenses the landlord may incur directly resulting from the tenant's death. Can I Name Someone as My Lease Executor Before Death? While tenants can designate executors in their wills to manage their estates, including lease agreements, it's essential to understand that lease agreements themselves are contracts between the tenant and the landlord. As such, tenants cannot unilaterally appoint someone to assume their lease obligations without the landlord's consent. However, tenants can take proactive steps to ensure a smoother transition in the event of their death: Succession Rights: In New York, certain family members residing with the tenant may have succession rights, allowing them to assume the lease upon the tenant's death. To facilitate this, tenants should inform their landlords in writing about any family members living with them who might be eligible for succession rights. This notification can help prevent disputes and ensure that the landlord is aware of potential successors. Communication with Landlord: Tenants may discuss the possibility of adding a co-tenant or authorized occupant to the lease agreement. This arrangement, subject to the landlord's approval, can provide the designated individual with legal rights to the premises, ensuring continuity in occupancy. Estate Planning: Including specific instructions in a will regarding the management or termination of lease agreements can provide clear guidance to executors and family members. While the executor will have the authority to manage the deceased's affairs, clear directives can streamline the process and reduce potential conflicts. How Much Does It Cost to Transfer the Lease to Another Entity? Transferring a lease, whether through assignment or subletting, can involve several dependent costs: Administrative Fees: Some landlords may charge fees to cover the administrative expenses associated with processing a lease transfer. These fees can range from $200 to $500, depending on the landlord's policies and the complexity of the transfer. Legal Expenses: Engaging legal counsel to navigate the transfer process can incur costs. While not always mandatory, legal assistance ensures that the rights and obligations of all parties are adequately addressed, potentially preventing future disputes. Rent and Arrears: The estate is responsible for any unpaid rent up to the effective date of the lease termination or transfer. Ensuring that all dues are settled is crucial to facilitate a smooth transition. Property Maintenance and Repairs: Before transferring or surrendering the lease, the estate may need to address any damages beyond normal wear and tear. Failure to do so could result in deductions from the security deposit or additional charges. It's important to note that under the new provisions of § 236-A, while the estate can terminate the lease upon the tenant's death, it remains liable for obligations incurred before the termination. However, the estate is not liable for penalties related to inadequate notice resulting from terminating the lease under this section.

As a landlord, it’s inevitable that some level of damage or deterioration is going to occur while someone else is leasing the space from you. Landlords often take security deposits and to give them a little bit more protection. If the tenant causes severe damage to the apartment, then the landlord can take the security deposit to pay for the repairs. However, there are often some conflicts between tenants and landlords when they don’t agree on what constitutes actual damage. You may claim that the tenant damaged the property and that it’s going to be expensive to fix. They may claim that it is just normal wear and tear, that you should have expected it and that you’re not allowed to keep their security deposit. Who is correct? It can be a complex question The truth is that this isn’t always as black and white as you would like it to be. Damage does happen in the course of someone living in a rental unit. Examples of normal wear and tear include things like: Scratches on the baseboards Discoloration on the walls Scratches on a wood floor Slight wearing of a carpet Fading colors from the sun Mild wear on doorhandles No matter how careful someone is, this type of damage is just going to occur over the course of living in that space. But where do you draw the line? Say that a tenant breaks a banister off of the staircase. You believe that this is advanced damage that they should have to pay to fix because they were being negligent when they broke it. But they say that this is just normal wear and tear, citing the fact that they always held onto the banister every time they went up or down the stairs. One time, it simply broke. They claim that you either didn’t maintain it well enough or that you should have expected this to happen eventually. In a situation like this, you and your tenant may have to seek a legal resolution. Be sure you know about all of the steps you’ll have to take.

Before you allow virtual strangers to reside in your property, you have a right to learn more about them. However, with modern privacy concerns, tenant screening traps may lay in wait. More people than ever actively protect their privacy rights and take legal action in the face of violations. Compliance with New York screening regulations is crucial to avoid a landlord-tenant dispute based on privacy or rights violations. Knowing what is and is not allowed when looking into potential tenants can help you stay out of legal hot water. Legal tenant screening practices To screen potential tenants without legal trouble, landlords must adhere to specific guidelines: Obtain written consent from applicants before conducting any background checks Only inquire about an applicant’s criminal history after making a conditional housing offer Adhere to the federal Fair Housing Act prohibiting housing discrimination Apply screening criteria consistently to all applicants Following these practices can help landlords remain within legal boundaries while learning more about prospective tenants. Prohibited screening practices Certain actions are prohibited when screening potential tenants in New York. Specific examples include: Charging more than the actual cost of a background check or exceeding $20 Asking questions that could reveal an applicant’s race, religion, gender or other protected status Conducting background checks without written authorization Inquiring about criminal history before making a conditional housing offer It is easier to violate these rules than you might think. For instance, if you use outdated housing applications or lease and rental agreements, they could contain unlawful provisions, sparking a landlord-tenant dispute. Speak with a legal representative to update your screening practices. They can help you create compliant housing documents and offer tips for dealing with prospective and current tenants lawfully.

If a tenant makes a complaint, be it a maintenance, noise, safety or health concern, you should be careful in how you approach it. Poorly handling a tenant’s complaint can worsen the situation. Here is what to consider doing: Inform them to make the complaint in writing If your tenant calls to tell you about an issue they are facing, encourage them to follow up the verbal report with a written one. Inform them to provide in-depth details about the complaint in their email. If it’s a dispute with a fellow tenant, ask them to include their name and house number, the name of the other tenant and house number and the reason behind the conflict. If it’s a maintenance issue, ask them to include their name and house number and in-depth information about the needed maintenance or repair on the complaint. Give an in-depth response Upon receiving the email from your tenant, ask questions to ensure you are well-informed. When you are ready to issue a solution, send a detailed response to your tenant. Be empathetic in your response. For example, if they want you to repair a broken water heater, acknowledge the difficulty they may have gone through due to the inconvenience. Further, send your response promptly. Taking too long to respond after obtaining the needed information from the tenant can make them believe you have ignored their complaint. If you need more time before solving the issue, let them know. Implement solutions to prevent future complaints If possible, implement strategies that prevent that particular problem from recurring, eliminating the chances of similar complaints in the future. A tenant can forward a complaint to state agencies, including the Housing Court if you fail to handle the matter effectively. Thus, it’s vital to act quickly to save yourself from costly cases.

You’re a landlord for a duplex in New York City. Most of the time, things work out well, and there are two tenants in the duplex who tend to get along. But this is not always the case, and you know that conflicts may occur. For example, maybe one of the tenants has made some noise complaints. Perhaps the other tenant has a non-standard work schedule, so they are usually awake at night. Maybe they practice a musical instrument, which can be very loud, or they have a loud pet. As the landlord, do you have to do anything about these noise complaints? Do you have any legal obligations to solve them? The noise code As a general rule, no, you are not legally obligated to do anything about these complaints. You should make tenants aware of the local laws and regulations. If one tenant complains, you could try having a conversation with both of them to see if you can resolve the issue. But if that doesn’t work, then the loud tenant may be in violation of New York City’s noise code. This means that the tenant whose rights are being violated needs to make their complaint to the correct city officials. For things like animal noises – like an incessantly barking dog – the first step is often to provide advice or instructions to the pet owner. But if the noise complaints continue, then the government can take action to ensure that the noise code is followed. Situations like this certainly can lead to complex conflicts between tenants and landlords. Those involved need to know exactly what legal steps to take.

Landlords can potentially build their personal wealth by accruing equity in residential properties. However, every tenant is theoretically a threat to the property that they own. After a tenant leaves, a landlord could discover significant damage to the rental unit. They then have to make costly repairs before a new tenant can take possession of the property. Landlords in New York can retain some or all of the tenant’s security deposit to cover repair costs when necessary. However, a tenant is not responsible for normal wear and tear to a residential unit. How can a landlord prove that property issues are actual damage, and not standard wear and tear? Some damage is standard in an inhabited unit Tenants making use of a space and its amenities can cause slow degradation to the unit over time. Tenants walking in their own units can cause compression of the carpeting and the padding underneath. The sun coming in through windows can fade carpeting and paint inside a building. Appliances become less efficient with age and may require repairs or outright replacement. Aging electrical sockets, peeling linoleum floors, mild scratches to the floors, signs of wearing on countertops and chipped paint also constitute normal wear and tear. So does the creation of small holes in the wall from hanging pictures. A landlord is unlikely to recover the costs related to such damages because they are standard wear that occurs during occupancy. However, actual damage to the unit is another story entirely. Large holes or gouges in the wall, possibly caused by an emotional outburst, are not standard wear and tear. Neither is an accumulation of smoke residue from tobacco use inside the unit. Broken windows, tears to the screens, rips in wallpaper or burn damage on countertops can all constitute recoverable repairs. Pet smells, carpet stains, broken faucets, damaged door knobs and alterations made to the apartment without written approval could all be damages that a landlord can request compensation to repair. Documentation is key in security deposit cases If a landlord wants to make a claim against a tenant’s security deposit, then they need proof of the damages. Pictures of the unit before the tenant assumed possession and after they vacate can help establish that the damage to the unit is relatively new. Statements from maintenance and repair professionals can also help validate the extent and origins of the damage, as well as the likely expenses to repair the damage. Landlords have to carefully comply with New York rules when reporting the damage to the tenant and retaining part of their security deposit. Landlords who learn more about security deposit rules can improve their chances of covering the costs of unexpected repairs to a unit. Learning about the difference between basic wear and significant damage can help landlords hold destructive tenants responsible for the impact they have on a space.

A lease is an agreement between landlords and tenants. Not only does a lease establish the conditions of a tenant’s use of a property but it can also clarify expectations and responsibilities for both landlords and tenants. If there is a dispute between the landlord and tenant, then a lease may be an important document to resolve the issue. To help ensure a lease is clear, it should include the following details: Names of occupants and landlord The lease should be clear about who the landlord of a property is and who intends to rent the property. The lease may need to clarify how many people are intending to rent the property. Landlords often do this to prevent tenants from renting out a property themselves or allowing unauthorized occupants to overstay their welcome. Length of the lease and renewal options The lease can include how long the tenant can live in a property. Some leases are month-to-month, which are renewed each consecutive month. Other leases may go for a year, which the tenant may renew after the one-year mark. Rent amount, payment date and security deposit The lease should clarify how much the tenant must pay each month. The tenant should also know when they are expected to pay their rent. Many landlords also require tenants to pay a security deposit with clarification that they will return it if the apartment is not damaged during the time of the tenant’s occupancy. Some additional fees may include utilities, parking and pet deposits. Termination and eviction policies An important part of a lease can include what a tenant must do if they wish to terminate their lease and reasons why the landlord may evict the tenant. Termination or eviction is often a topic of dispute. Landlords and tenants can benefit from reaching out for legal guidance to discuss a lease. Legal help is available for landlord and tenant disputes.

As a landlord, you may have experienced issues with a tenant who violated a term in their lease. Sometimes, these disputes are unavoidable, and you can only try your best to resolve the problem amicably. Fortunately, there are some things you can do to avoid preventable disputes. By learning these pointers, you help protect your tenant’s rights and your rights as a landlord. Avoiding disputes with tenants One effective way to reduce issues within your property is to screen tenants thoroughly. Choosing thoughtful and responsible renters may reduce the risk of late payments or noise complaints. As a property owner, you may conduct a background check on candidates who want to rent your place. This process can help you determine whether an individual has a criminal conviction record or credit issues. While thorough screening does not guarantee that everything will be smooth sailing in the future, it may give you peace of mind that you are handing over the keys to a responsible tenant. Additionally, it is crucial to always communicate with your renter. After reaching an agreement, start the relationship by getting their full attention and discussing potential areas of dispute. For example, remind them of the importance of timely payments and maintenance processes for the property. Addressing these issues at the start of the transaction demonstrates your commitment to helping them have a peaceful stay at their new place. One way to do this step is to send a welcome letter that provides an overview of your property and your expectations. Protecting your rights as a landlord Even with these practices, it is crucial to remember that some disputes are inevitable. To protect your rights in the event of a disagreement, you need a solid lease agreement. A detailed agreement will be the basis for resolving any potential issue. This is why it is essential that the renter fully understands what the document says before they sign it.

Being a landlord can be a profitable and personally rewarding line of work but it can also be a challenging one. Your tenants can give you some of your most enjoyable moments, but they can also give you some of the most difficult. You’ll have rules in place that you expect your tenants to abide by, but sometimes they will break them. Here are some things to consider when deciding how to handle it: Is there an easy solution? Some mistakes are understandable. Some errors can be corrected. Others can’t, at least not so easily. There is little point in making a big deal out of something that has an easy solution. Are they a good tenant? Consider who you are dealing with. Does the tenant always pay their bills on time and never cause you any issues? Or are they someone you have constant run-ins with? Are they someone who constantly pushes against your rules and you would and you would love to see the back of, or are they a tenant you’d like to keep? How will other tenants see your actions? If other tenants see this tenant get away with something that is against the rules with no consequence, they may decide that they too can flout the rules. The flip side is that you also should not be too quick to come down on someone for a breach where there were extenuating circumstances. For example, someone is late on their rent because their child got run over and they had to pay the medical bills. If you do, the other tenants might take their side against you and it could make relations more difficult. You can’t be seen to play favorites either as that could lead to claims of discrimination if you treat someone else differently for the same issue later. What would a court say? You might assume you are in the right and would therefore win a legal action against a tenant over the matter, but the law might not agree. Housing laws can be complex and they can change so it is best to seek legal assistance from someone who can give you accurate and up-to-date information.