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A landlord’s defense options in a non-payment of rent case

A landlord’s defense options in a non-payment of rent case

On Behalf of | Nov 24, 2021 | landlord-tenant disputes |

Every landlord hopes for a tenant who pays their rent on time, lives at peace with their neighbors and does not use their rental unit for unintended purposes. Unfortunately, this is not always the case. From time to time, landlords get into disputes with their tenants for a number of reasons.

One of the most common causes of landlord-tenant dispute is non-payment of rent or security deposit. If you are a landlord in New York, it is important that you know the defenses you can use when evicting a tenant due to failure to pay rent.

Here are some of the defense options you can use when evicting a tenant in New York for non-payment of rent.

Proper notice

Tenants are expected to pay their rent on time. Unfortunately, it is not unusual for a tenant to fail to honor this obligation. When this happens, the landlord has a right to evict the tenant in question. However, the law requires landlords in New York to serve proper notice to their tenants before evicting them. And this notice must be in writing and properly served. Without a properly served notice, a New York tenant has a valid defense during the eviction process. And without proper notice and serving, you risk having your case dismissed in favor of the tenant.

Unfixed damages

Wear and tear happen all the time. However, if a tenant causes significant damage to the rental unit, the landlord may issue an eviction notice and retain the security deposit for purposes of repairing the damages. If this happens, it is imperative for the landlord to furnish the tenant with the repair costs for the damages in question and indicate that this cost will be deducted from the security deposit. Again, this notice must be done in writing. Depending on the severity of the damages, the landlord may issue an eviction notice to the tenant to facilitate the repairs.

Landlord-tenant relationships can be rocky and difficult to get around, especially when money matters come into play. Fortunately, both landlords and tenants have rights and responsibilities. Understanding your defense options when evicting a tenant can ensure that you go through this process without suffering any legal or economic damages.

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