Investing in rental property is an effective way of building a solid income or padding an existing nest egg. Everyone needs a place to live, after all. However, without proper preparation, novice landlords may begin to experience costly landlord-tenant disputes. Such disputes can quickly deplete your savings and also make you regret your decision to become a landlord in New York. In some cases, landlord-tenant disputes may occur despite your best efforts. However, armed with a proactive approach, you can head off many disputes before they even occur. The following tips for new landlords can improve the way you manage your rental properties while also helping you avoid potential disputes. Be firm about collecting rent When you allow your tenants to fall behind on their rent, you could experience financial hardships. Make sure to be firm about the rent you are due as well as any late fees your tenants owe. It can also help you avoid legal disputes over late or absent rent payments. Conduct proper tenant screening Making sure that your tenants are responsible is always a good idea. However, you must also do your best to ensure that the tenants you choose can make their payments. Consider performing credit checks to accomplish this goal, which can also reduce the risk of a landlord-tenant dispute over nonpayment. Learn the law One of the biggest mistakes that lead to landlord-tenant disputes is failing to learn and understand the nation’s fair housing laws. To avoid an unintentional violation of tenant rights, familiarize yourself with these and other rental laws. Finally, you may want to consider the possibility of working side-by-side with a lawyer experienced in landlord-tenant matters. This single step helps you avoid landlord-tenant disputes and also ensures that you do not make other mistakes that could upset your new role as a landlord.

If you are a landlord or a property manager, chances are you’ve had your share of problem tenants. Some can wind up renting from you due to lax screening processes, but some seem to, unfortunately, fly under the radar. Below are four types of tenants whom you should avoid at all costs. Sad Sams and Sallies They may start immediately or gradually work up to it, but you’ll know that as soon as the first of the month rolls around, they will have a new sob story about why they just don’t have the rent together yet. Their excuses always sound legitimate and they may not be exaggerating, but your leasing company is not a nonprofit and they have to pay their rent. Every month. On time. Impose consequences and initiate evictions or you’ll be chasing money every month. Wrecking balls They’re known as this because they could hardly inflict more damage if they had used an actual wrecking ball on the property. Broken hinges, smashed panes, gritty, grungy carpet and suspicious black mold in the bathroom — was the property used as an apartment or a clandestine meth lab? Periodic property inspections might be necessary if you suspect damage is occurring. Also, make sure to snap “before” photos prior to their moving in. Nonstop partyers It’s not just young renters who like to throw late-night beer blasts with 200 of their closest friends. You may wind up renting to a young family who wants to be the home where all the kids hang out. The problem is, all that hanging out is bound to annoy their quiet-loving neighbors on both sides. Chronic complainers Nothing is ever right, it seems, for these malcontents. The lights on the interior stairs are too dim, the floodlight outside shines into their bedroom, the spa is too hot, the pool too cold . . . and ad infinitum. The sooner that you realize that there is no satisfying these perpetually disgruntled tenants, the easier life will be for you. If you need help evicting a tenant, seeking the counsel of a Forest Hills attorney who is well-versed in New York laws regarding tenants and landlords can guide you through the eviction process.

In a word, yes. Many people living with a disability experience great benefits from the presence of a service or assistance animal. However, some New York landlords do not permit pets inside their rental units. Considering the massive amount of damage animals can cause to a house or an apartment, no-pet policies are understandable. Still, property owners who try to disallow service or assistance animals may face landlord-tenant disputes. To remain in compliance with the nation’s Fair Housing Act (FHA), it is wise to learn how the law works. Most landlords know that they must provide reasonable accommodations to tenants with disabilities. However, they might not realize that permitting service and assistance animals is a part of the reasonable accommodations regulation. As long as the tenant provides proof that the animal is necessary, you must allow its presence in your rental. Many people think that service animals and assistance animals are the same. However, they are not. Service animals perform specific tasks for people. For example, a blind tenant might need the services a guide dog provides. An assistance animal, on the other hand, may provide specific services and/or it may simply give the disabled emotional support. An example of an assistance animal is a cat that helps ease depression or anxiety. Despite the FHA’s rules, property owners can pursue a legal remedy if a service or assistance animal becomes a nuisance to other renters or the property owner. While the law seeks to make certain that the rights of disabled tenants remain protected, it also considers the needs and rights of landlords as well. An attorney with experience helping property owners in landlord-tenant disputes can help. If a service or assistance animal is causing problems in one of your rental properties, consider reaching out for legal assistance.

It is your property. You own it, so you can go inside of a unit whenever you need to, right? Well, sure, it is your property, but your tenants have rights, and one of those is the right to privacy. As a responsible New York landlord, you need to enter your properties occasionally for repairs or maintenance. How can you accomplish this without starting a costly and time-consuming landlord-tenant dispute? Even though it feels like the law is always on your tenants’ side, you have rights, too. You just need to know how to exercise your legal rights without worsening the situation. There are ways to exercise your right to enter the premises reasonably and legally. Below you will find a short outline of when you can enter a rental unit. When an emergency occurs When you need to make repairs or check for damage When you need to investigate possible rental violations When you need to show the unit to potential renters When you need to show the unit to mortgage or insurance companies When a tenant invites you inside If you follow a couple of simple guidelines, you can enter your units legally without worrying about landlord-tenant disputes. For example, always give your tenants at least 24-hours’ notice that you need to enter the unit. It is also wise to only enter a unit during your regular business operation hours. During an emergency such as a fire or a burst water pipe, you do not have to give any notice of your intent to enter. If your renter initiates a formal landlord-tenant dispute because you entered during an emergency, you will likely walk away as the victor. Another great way to prevent landlord-tenant disputes from ever occurring is to work with a real estate attorney toward a goal of protecting yourself against litigation.

Renting out real estate is one of the most successful ways to improve your income. New York landlord-tenant laws are more complex than property laws in many other states. This means that being a landlord in the state is not without some amount of risk. For example, say a renter initiates a landlord-tenant dispute claiming that your property is unsafe. They refuse to pay any more rent until you give in to their demands. You know you did nothing wrong, but you must still decide how to move forward. Any option you choose is going to cost you money. If you take the right steps, you can avoid landlord-tenant disputes like the example above. Below are a few tips to help you take a more professional approach to your role as a responsible landlord. These tips can help you mitigate your financial and legal risks as well. Make certain to perform regular maintenance to keep your property safe and habitable. Consider investing in insurance to help you mitigate the expenses associated with landlord-tenant disputes. Develop a fair tenant screening process that does not discriminate against any potential renters on your own or with professional legal counsel. When you perform maintenance and make repairs, be sure to address the outside of your property as well as the inside. Do proper background checks on any employees you hire to help you manage your property. All of these tips can help you reduce your financial and legal risks while also helping you avoid costly landlord-tenant disputes. Building a partnership with a real estate law firm is a great way to remain protected while also serving as a fair and friendly landlord.

The Housing Stability and Tenant Protection Act of 2019 (TPA) was signed into law this past June, affecting more than one million apartments in New York City alone. Supporters say the law provides strong protections for tenants and significantly changes the Empire State’s rent laws. However, critics say there is a lot of confusion over the meaning of some of the new rules. The state Division of Housing and Community Renewal recently told the New York Times that it is working to clarify the regulations. Areas for possible conflicts between landlords and tenants Various news media outlets have reported on several landlord-tenant issues after the law was signed. They include: Application fees: The new law says “no landlord, lessors, sub-lessor or grantor” can charge more than $20 for a background check on a potential tenant and must waive the fee if the applicant has proof of a background or credit check done within the past 30 days. Security deposit s: Landlords can’t charge more than one month’s rent for a deposit and must return it within 14 days of a tenant vacating an apartment. If they deduct any amount, they must include an itemized statement showing why it was necessary. Rent hikes: Increases are decided by the Rent Guidelines Board, and temporary preferential rent amounts are now permanent and subject to limits for any future increases. Building improvements: Some landlords say limits on rent increases could lead many to pay less for maintenance and upgrades to rental properties. Vacant apartments: The Blackstone Group told one news outlet that it is keeping dozens of rent-controlled apartments vacant as new laws prevent them from making profits. Seek legal advice over TPA concerns Landlords can be best-served by a legal advocate who understands how the new laws will impact them now and in the future. The TPA has brought new and complicated challenges for real estate owners, who can significantly benefit from an attorney here in New York with decades of experience protecting their rights.

Most landlords in Queens may not have a legal advocate to protect their interests. As attorneys, we understand this. After all, legal assistance can be costly and most property owners do not want to spend money unnecessarily. Unfortunately, saving a buck or two right now might cost you more down the line if landlord-tenant disputes arise. Our city’s history is full of stories of tenants suffering abuse or unfair treatment by real estate owners who rent out their property. While slumlords are not as prevalent in today’s society, property owners are still suffering the backlash caused by these stories. Many tenants take advantage of property owners because they believe they will win any landlord-tenant dispute that may occur. We want the property owners in our state to know that you do not have to fear a landlord-tenant dispute when you have done nothing wrong. Our lawyers have seen how landlords often get the short end of the stick in these disputes. As such, we have made it one of our most important goals to assist property owners who have committed no wrongdoing. When you decide to work with a real estate lawyer, you benefit from our decades of experience protecting property owners. An attorney can help you proactively manage your property. For example, a lawyer can offer valuable guidance when drafting rental agreements, screening potential clients and remaining in compliance with Fair Housing Act (FHA) regulations. Avoiding costly and disruptive landlord-tenant disputes is a goal most property owners share. Please continue reviewing our website and our legal blog if you require more information on these and other topics.

Many disagreements can happen between New York landlords and their tenants due to conflicting views over a lease agreement. Conflicts are frequent between renters and landlords whether it’s over repairs or the return of a security deposit. Renting is advantageous for those who can’t afford a mortgage or those who often move, helping them avoid costs for major repairs and maintenance. But, conflicts do happen, and both sides should prepare for the most common sources of disagreement. Disputes and how to avoid them Many issues can arise, and both parties should clarify the terms of the rental agreement, especially for these three areas: Damage vs. wear-and-tear: Heated conflicts can happen when tenants are accused of causing damage that they feel isn’t their fault. As a general rule, damage is caused by a single event, while wear-and-tear happens gradually over time. Think of a wine spill on a rug compared to a well-worn traffic area in the carpet. Delays in repairs: Landlords know it’s in their best interest to make emergency repairs, such as a leaky roof or burst pipes, as soon as possible. However, less urgent upgrades or repairs may take longer since landlords try to control expenses. Some lease agreements state that tenants are responsible for repairs costing less than $50, for things such as replacing light bulbs or air filters. Guest policies: Renters should pay close attention to this section as some leases place limits on the number of days a guest can stay during a specific time. Consider adding that person to the lease if they are permanent or frequent guests. Also, review sections of the lease defining subletting terms as some leases prohibit this without the owner’s consent. Seek legal advice for unresolved conflicts Disputes between landlords and tenants do happen frequently, but not all have to end up in court. An experienced attorney familiar with both sides of landlord/tenant laws here in New York can help find a reasonable solution.

Landlords have specific responsibilities to meet when they offer a property for residential habitation. Ensuring that you meet these requirements can minimize the chance that you will face legal action brought by a tenant. Not only do you need to be familiar with the local laws, you also need to know federal and state ones. There are several points that can lead to serious problems if they aren’t followed. No discrimination allowed Landlords can’t discriminate against tenants for any protected reason. Many of these are covered by the Fair Housing Act and the Fair Housing Amendment Acts. Protected statuses include: Disability or impairment Color or race Religion National origin Family status, including having children or being pregnant Sex or gender The law forbids discrimination at every step of the rental process. It isn’t allowed when vetting out applications or determining whether to terminate a lease. Standardized rental contracts are necessary since it is illegal to change terms based on a protected status. Special consideration for New York landlords New York added another protected status to the list back in 2017. However, it has been only loosely enforced until recently. Landlords can’t discriminate against individuals based on their income type as long as the income is gained legally. While this might seem like an obvious protection, some landlords have a slight issue. The law means that they must not reject applicants solely because they receive Section 8 housing vouchers. Many landlords prefer not to accept these because of the specifics of the program, but you can’t outright reject someone based on this status. The primary issue for many landlords is that they might have trouble collecting rent if the renter is ever dropped from the program. Landlords usually aren’t notified of the status change in a timely manner, so they don’t have time to brace for the impact. Landlords must ensure that properties comply with the safety and health requirements of Section 8. One example is that each window must have a screen that is in good shape. This small requirement can turn costly if screens are being destroyed but you aren’t able to pinpoint the cause of the problem. It is possible to protect your interests in these cases. First, only rent to applicants whom you have thoroughly screened. This can include background and reference checks. You can also have a detailed lease that outlines exactly what each party is responsible for. Finally, ensure you understand the Section 8 program and how it impacts your position as a landlord.

The Fair Housing Act of 1968 prevents any landlord from discriminating against potential tenants. That may sound simple and straightforward. However, there are many more aspects of this act that New York landlords must understand, so they can avoid accusations of discrimination. For example, landlords cannot deny potential tenants housing based on their physical or mental disability. They might also have to provide reasonable accommodations for that tenant. What are some reasonable accommodations landlords might have to make? Under the Fair Housing Act, most landlords must make reasonable accommodations for any tenants with disabilities. There are a few exceptions, but they are rare. Modifications under this act might include things such as: Building ramps or elevators for easy accessibility Installing Braille print on signs and plaques Adding rails in the tenant’s room and bathroom Landlords must pay for these modifications. However, these modifications should not cost landlords excessively. They might even be able to obtain insurance or federal grants to cover these costs. Accommodations are not just physical Most landlords might think that providing accommodations only requires them to make physical modifications to their property. However, it can also include making reasonable exceptions to the rental property’s policies. For example, most rental properties in New York have a strict “no pets” policy. If a tenant with a disability has a service animal, then landlords might have to adjust that tenant’s rental agreement to permit the service animal on the property. Why is it essential to provide these accommodations? Denying an individual reasonable accommodations to meet their needs could lead some landlords to face complaints or even lawsuits claiming discrimination. Handling lawsuits like this can be incredibly complex, and cost landlords much more than making these adjustments could. If landlords have any questions about the Fair Housing Act or modifications, they should consult an experienced attorney to determine how they should move forward and protect their rights.

If you are a Queens landlord, it’s certain you’ve had your share of problem tenants. Unauthorized subletting, slow-pay and no-pay tenants all give New York City landlords headaches. When the issue is that your tenant quit paying the rent, there is a clear path to eviction. But landlords must first lay the groundwork to make sure that they prevail in the eviction. Below are some suggestions for building a strong eviction case. Don’t drag your feet Desperate tenants often weave fantastic stories about elusive tax refunds and missing paychecks that never seem to come to fruition. While some hard-luck stories are just that, other tales of woe are cut from whole cloth. Waiting longer than the grace period for your rent only breeds complacency in rent-averse tenants. Although you may want to overlook a single lapse, continuing to accept late rental payments without tacking on late fees or having the tenant experience other negative consequences sets a pattern of leniency you may later regret. Document each instance of late rent Send your tenants “Late Rent Notices” so that they know that you are aware of the breach of their lease. Document each instance. For many tenants, that may be all the prompting you’ll need to do. Follow up with a phone call Within a few days of the delivery or posting of the late rent notice, call your tenant if the rent is still outstanding. Finding out what the problem is can help you determine your next move. Call your attorney This is generally the point at which most landlords loop in their attorneys. Prior to the actual eviction notice being posted, some landlords have their attorneys send warning letters to tenants that detail the total sums, plus late fees, that the tenants now owe or face eviction unless immediately paid. If you choose to go this route, ask your attorney to draft the letter to reflect some of the adverse consequences evicted tenants face, e.g., being reported to credit bureaus, blacklisted from renting locally, etc. Head to court You definitely should seek legal guidance when going to court on an eviction unless you are very familiar with the eviction process. You wouldn’t want to lose to a wily tenant because you did not file the correct paperwork or some other clerical error.

In New York, the relationship between a landlord and tenant can be complex. Both have their own set of expectations regarding what is to take place. Disagreements frequently lead to disputes and even litigation. A recent article mentions recently proposed changes to landlord/tenant law that could adversely impact this relationship even further. The news article calls these possible changes sweeping, and such legislation could overall increase government control over housing and prevent landlords from raising the rent. Specifics concerning the proposed changes The rent stabilization laws in New York City cover approximately 907,000 apartments. The new proposal would prevent landlords from raising rents on these apartments should a landlord wish to raise rent to make up for renovation costs. Landlords state that not allowing them to raise rents will only incentivize them not to keep the apartments in good repair. Landlords complain that compliance with current regulations already costs them a significant amount of money. It is for this reason that landlords are fighting any additional proposals. Rent control will always be a contentious topic when it comes to landlord and tenant relations. There are a wide variety of laws and regulations impacting the enforcement of leases and rental agreements in New York City. Different interpretations of the laws can lead to disputes. Sometimes it is necessary to locate legal counsel from attorneys who have the experience to assist both landlords and tenants. The outcome of any landlord/tenant dispute will be greatly dependent upon the individual circumstances. Every dispute is different, and the facts of the situation can be every bit as important as the laws that are in place.