New York landlords often create custom leases to protect their interests as much as possible. They sometimes attempt to include terms in their leases that they cannot actually enforce. For example, some landlords may include clauses in their leases limiting overnight guests or even prohibiting people from having others spend the night at a rental property. Landlords may view this as a way to avoid disruptive social activity like parties or secondary tenants moving into a property and increasing the cost to provide utilities and maintenance to the space. However, those terms could trigger a conflict between a landlord and a tenant and might actually violate existing rules in New York. Tenants have a right to use their rental property Those who pay to rent a living space have the right of quiet enjoyment at that property. Typically, they can use the rental space in any lawful manner that does not overtly violate the lease that they signed. Having guests stay over is one of the basic rights of a property owner or tenant. In New York, those renting a living space usually have the right to host two overnight guests at any given time. They can theoretically allow those guests to stay for up to 30 days without their landlord interfering in their arrangements. Still, there are other rules that limit the tenant’s activity, such as prohibitions against inappropriately using door locks when accommodating temporary guests. If those guests actually stay beyond that 30-day window, then the tenant may need to renegotiate their lease with the landlord to add a new roommate. In general, landlords usually cannot assess an extra fee or evict a tenant simply because they had overnight guests at a property that they pay to rent. But, with that said, tenants also have to be careful to ensure that they properly comply with both the terms of their leases and New York laws when allowing guests to stay at the property, particularly if they charge short-term fees for the accommodations. Understanding the rules that govern overnight guests at rental properties in New York may benefit both tenants wanting to make optimal use of a property and landlords concerned about too many people staying at a rental unit.

In New York, the responsibility for snow removal from walkways associated with rental properties often hinges on the specific terms of both a tenant’s lease agreement and local ordinances. This responsibility can be a point of confusion – and possible contention – for both landlords and tenants, leading to potential safety hazards and legal disputes. Ultimately, it’s important to clarify who bears the burden of snow removal to maintain safe premises, comply with local laws and avoid preventable disputes between landlords and tenants. What does the lease say? A lease agreement is the first place to check who is responsible for snow removal. In many cases, landlords include a clause specifying who must clear snow and ice from walkways, driveways and other common areas. If a lease explicitly states that the landlord is responsible for snow removal, they must comply with this obligation. Conversely, if the lease delegates this responsibility to the tenant, then it’s the tenant’s duty to ensure timely snow and ice removal. What do local laws say? Local laws and ordinances in New York can also dictate snow removal responsibilities. For instance, in New York City, property owners are generally responsible for clearing snow and ice on sidewalks adjacent to their properties within certain time frames after a snowfall unless the terms of a lease explicitly dictate otherwise. Failure to do so can result in fines. Both landlords and tenants need to be aware of these local regulations as they can override stipulations in the lease agreement, should they so choose. Why does it matter? Liability for injuries resulting from improper snow and ice removal is a significant concern. If someone is injured due to uncleared snow or ice, the responsible party could be held liable for damages. This underscores the importance of clearly defining and adhering to snow removal responsibilities.

When you rent a property in New York, knowing your rights as a tenant is essential. One aspect of tenant rights is understanding your landlord’s responsibilities. The best way to know if your landlord is fulfilling these responsibilities is to understand what they are. Providing habitability Habitable living conditions mean that the property should be free from hazards that could affect your health or safety. Landlords must promptly address issues related to heating, plumbing and electrical systems. Repairs and maintenance Property maintenance is your landlord’s responsibility. They must fix structural hazards, repair appliances provided in your rental and keep the premises in good repair. If you notice any problems, report them to your landlord in writing; they are generally required to address them within a reasonable timeframe. Pest control New York City is no stranger to pests like rodents and insects. Landlords are responsible for ensuring that their properties are pest-free at the time of rental. They must also take action to eliminate any infestations during your tenancy. Providing essential services Landlords must provide essential services like heat, hot water and electricity. In New York, specific guidelines dictate the minimum temperature that must be maintained during the heating season. According to this law, the temperature should not be under 68 degrees during the day when it is 55 degrees outside.  The temperature should never drop below 62 degrees at night. Hot water should be available 24/7. Tenants have rights. Part of these rights is ensuring your landlord fulfills their responsibilities. If your landlord is not providing the services mentioned above, you may be able to take legal action. Knowing your rights is the best way to protect them.

Managing rental properties can be challenging, and dealing with disputes over rent payments adds an extra layer of complexity. As a landlord, encountering a situation where a tenant claims to have paid rent but there’s evidence to the contrary requires a strategic and professional approach. Assess the documentation Before jumping to conclusions, reviewing your payment records meticulously is crucial. Cross-reference dates, amounts and any accompanying notes to verify all transactions related to the tenant in question. This detailed examination can reveal discrepancies or confirm the tenant’s claim. Your bank statements serve as a reliable source of truth. Compare the entries on your bank statements with the claimed payment dates. This step provides an additional layer of verification and can strengthen your position if a dispute escalates. Communicate your findings Once you have gathered the necessary evidence, initiate a respectful and open conversation with the tenant. Use clear and concise language to express your concern about the apparent discrepancy in rent payments. Encourage them to provide their perspective on the situation. Try to ensure that all interactions with the tenant are well-documented. This includes written communication, emails or any verbal agreements. Keeping a record of discussions can be valuable if legal action becomes necessary. Look for a resolution Consider offering the tenant alternative payment plans or a grace period to rectify the alleged missed payments. This demonstrates your willingness to work collaboratively and can maintain a positive landlord-tenant relationship. Issue a formal notice If all attempts at resolution fail, issue a formal notice outlining the discrepancies in rent payments and the actions required to remedy the situation. Clearly state the consequences of non-compliance, emphasizing your commitment to upholding the terms of the lease agreement. Dealing with a tenant who claims to have paid rent when evidence suggests otherwise demands a strategic and composed approach. By diligently assessing documentation, maintaining open communication and exploring legal options, landlords can navigate this challenging scenario professionally while adhering to the law.

Normal wear and tear in a rental unit refers to reasonable, everyday use leading to the gradual deterioration of the space. This happens without any negligence, carelessness or abuse coming from the tenant. This is the type of minor everyday damage that should be expected when someone lives in a space for a significant amount of time. It’s important to differentiate between actual damage that a tenant has caused negligently or intentionally and the normal wear and tear that is bound to take place. Tenants are generally not responsible for normal wear and tear, while they can be held accountable for damages beyond that. A landlord can take money for extensive damages out of a tenant’s security deposit. Why might a conflict occur? Concerns about damage can sometimes lead to conflicts because tenants and landlords disagree about what the tenant is liable for and what actually counts as damage. Examples of normal wear and tear in a rental apartment may include: Faded or worn-out paint or wallpaper due to aging or sunlight exposure. Minor scuff marks on walls or floors from regular use. Lightly worn carpets or flooring, especially when considering in high-traffic areas. Loose door handles from regular opening and closing. Loose or misaligned hinges. Fading or discoloration of fixtures or surfaces over time. Minor wall damage, like small nail or screw holes left after hanging decorations and pictures – if done responsibly. However, damages beyond what is considered normal wear and tear – such as torn wallpaper, shattered windows, major holes in the walls, noticeable stains or burns on the carpet, excessive damage from pets or neglect that results in significant damage – are generally the responsibility of the tenant to repair or cover the cost. When a tenant moves out, landlords typically go through a careful inspection to see if there is any damage or other such issues. This is when the security deposit may be an issue, as it can be used to cover some repair costs – if they go beyond normal wear and tear. As such, it’s advisable for tenants to document the condition of the unit when they move in and when they move out to support any claims regarding the condition of the rental property. If a dispute does occur over a security deposit or other such issues, those involved need to be well aware of their legal options. Seeking legal guidance is a good way to gain this valuable clarity.

As a landlord, you may have a tenant who is not in their unit 100% of the time. Maybe they travel for work. Perhaps they spend time staying with a significant other. Maybe they are simply busy and they spend a lot of time outside of New York for leisure or vacation. Regardless of the reason, your tenant has decided that they are going to list the unit on Airbnb. When they’re not using the space anyway, they figure that they can make some extra money by renting it to someone who is coming to the city, perhaps as a tourist. Is your tenant allowed to do this? 2 potential problems First and foremost, New York has special restrictions on Airbnb rentals, which are short-term rentals. They all have to be properly registered with the city and have the correct status. If your tenant has not done this, they could be illegally using your property in a way that violates local restrictions. They may not realize that they haven’t taken all the correct steps because they are not the property owner, but it could still lead to a lot of legal issues. The second problem is just that it may be a violation of your lease agreement. As a landlord, you can stipulate that your tenants are not allowed to sublease the space without permission. A short-term rental – whether it is done through a platform like Airbnb or independently – is essentially just a string of subleasers. The tenant needs to be aware of the contract that they have signed. Are you facing a legal dispute with one of your tenants over these types of issues? Make sure you are well aware of all of your legal options.

Landlords and residents typically sign leases. A lease establishes what each party expects from the other. Generally, every lease has a set of rules that tenants must follow. If these are not followed, then the tenant may violate their lease, which can lead to negative consequences, including eviction. Here are a few ways that can happen: 1. Late rent One of the biggest issues that immediately violates a lease is when there is unpaid rent. Some tenants may miss rent one month and make up for it with late fees and other consequences. However, it can become an issue if rent is habitually late. 2. Indoor smoking Smoking causes a lot of issues for rentals. The smell of tobacco and other products can get into walls and ceilings, making it nearly impossible to get out. If a building has multiple units, then smoking may also disturb other residents. 3. Noise disturbances Many leases establish quiet hours so that residents can get a full night’s rest before school or work. If a tenant is repeatedly being reported for noise disturbances at odd hours of the night, then it may be a lease violation. 4. Damaged property Property damage can make it harder for landlords to rent out their units to new tenants. It can also cost landlords a lot to make repairs to damaged units. 5. Long-term guests When tenants sign a lease agreement, it’s often agreed that only those who signed the agreement are staying in a unit. Tenants can typically have people stay over at their residence. But, when a guest overstays their welcome, then it may breach a lease. 6. Unregistered pets While some landlords allow their tenants to have pets, it’s often agreed that they are responsible for what their pets do. Pets can damage properties and leave stains and smells. Tenants that bring unauthorized pets into their rental units may be violating leases that prohibit pets. 7. Unsanitary conditions Landlords can expect tenants to keep their units clean and hospitable. If a tenant doesn’t clean, it can attract rodents and insects. These critters can cause damage to properties and violate lease agreements. A lease violation does not necessarily mean the end of a professional relationship. Landlords and tenants may need to discuss their legal options to remedy any issues between them.

The issue of bed bugs in rental properties is a contentious one, often leading to disputes about who should bear the responsibility for costs associated with their eradication. This issue has legal and ethical dimensions, and it varies by jurisdiction and the terms of any particular lease agreement. It’s important to understand that no single answer to this question fits all circumstances. As a result, it’s important for tenants and landlords alike to seek legal guidance if they’re unsure of their specific rights, especially because insurance doesn’t tend to cover these costs on behalf of either party. Considering the issue from “both sides” From the tenant’s perspective, there is a concern that bed bugs can be introduced to a property through various means, such as another tenant’s furniture, through no fault of the infested tenant’s own. Therefore, they may contend that landlords should assume the financial burden of eliminating these pests. Additionally, many tenants believe that landlords should maintain their properties to a standard that prevents infestations, as they are responsible for the overall habitability of the dwelling from which they potentially profit. On the other hand, landlords argue that tenants should take precautions to prevent bed bug infestations. They may claim that it’s the tenant’s responsibility to promptly report an issue to the landlord to prevent the spread of the infestation. Some lease agreements explicitly stipulate that tenants are responsible for the cost of bed bug extermination. Resolving concerns In many cases, a resolution to this issue will depend upon the specifics of local laws and any particular lease agreement. Yet, it’s fair to consider that the responsibility for bed bug costs should be shared to some extent. Tenants should take measures to prevent infestations and report issues promptly, while landlords should maintain their properties to minimize the risk of infestations and respond promptly to tenant reports. Fair and balanced lease agreements, combined with knowledge of local regulations, can help prevent disputes and ensure that the responsibility for bed bug costs is fairly distributed between tenants and landlords.

Tenants in New York and elsewhere adore animals of all shapes and sizes, while landlords often view them with skepticism or hostility. Individual people may benefit from the companionship of animals and the structure that they can provide for daily life, but the animals could very well damage a rental property. Tenants are often keen to secure housing where keeping a pet is an option. There are certain circumstances in which New York landlords will accommodate the animals of their tenants. What situations may allow those who rent a property to keep a pet on the premises? Special terms in a lease Some New York landlords will allow pets, provided that the circumstances meet certain standards. Tenants may need to fill out a separate application for the pet that includes information about their veterinary care records. They may need to pay a deposit or an additional cleaning fee. There might even be a monthly rental charge for the pet in addition to the standard rent. Landlords generally get to set the terms that apply Service animals For decades, federal law has allowed individuals to utilize dogs and miniature horses as service animals. Landlords have an obligation to accommodate somebody if they require a service animal to perform medical functions for them. Federal law treats such animals, when properly trained, as a reasonable accommodation for someone with a disabling medical condition. Emotional support animals Emotional support animals almost blur the line between household pets and service animals. They often have no training whatsoever but may serve an important purpose by helping an owner regulate their emotions. In theory, emotional support animals also provide a necessary service to those with disabling medical conditions, and therefore New York considers them a reasonable accommodation. Only in cases where allowing them would cause undue hardship can landlords limit their presence. Landlords concerned about service animals and emotional support animals may need to tread carefully to avoid violating the rights of their tenants. Understanding when tenants may lawfully have animals present in rental units may help landlords or tenants more effectively navigate a dispute about whether someone can have an animal and what, if any, fees may apply.

Owning a rental property comes with its share of upsides and downsides, and most are centered around people. One of the downsides to being a landlord is that you are never in full control of what your tenant does on a day-to-day basis. No landlord foresees their tenant going to jail at some point. Unfortunately, if your tenant ends up on the wrong side of the law, they might end up in jail. But can this justify a termination of the lease agreement? Dealing with a tenant’s incarceration As a landlord, you want to avoid troublesome tenants by all means. And this is where a good tenant screening comes in. However, even with adequate measures in place, you might still find yourself in this situation. If this happens, here are a couple of steps you need to take: Establish that the tenant is actually in jail First things first – be positive that your tenant is actually serving jail time. You may establish this by getting in touch with their family or contacts listed in the lease contract and confirming your findings with the court records. Reach out to the tenant Once it is clear that your tenant is incarcerated, you need to hear their full story. Your communication with them will determine your next course of action. Some of the things you want to establish at this stage include the circumstances surrounding their incarceration, the duration of the incarceration, whether they will continue paying rent and whether co-tenants (if any) will continue with the lease. Once you have established the tenant’s situation, you may proceed as follows: Continue the lease as-is End the lease on grounds of non-payment of rent End the lease on grounds of abandonment If your tenant is incarcerated, however, it’s not unusual to wonder what to do. Understanding your legal options can help you safeguard your rights and interests while dealing with tenant incarceration.

If you’re a landlord, you know that maintaining a harmonious relationship with your tenants is crucial to the success of your rental property business. Disputes with tenants can be costly and time-consuming, not to mention damaging to your reputation. Below are four effective strategies savvy landlords can implement to help avoid disputes with their tenants altogether. Rigorous tenant screening The foundation of a dispute-free landlord-tenant relationship begins with the tenant selection process. It’s essential to thoroughly screen potential tenants to help ensure they fit your property well. You can utilize comprehensive background checks to evaluate a tenant’s rental history, credit score and criminal background. Look for any red flags that might indicate a potential issue down the road. You can also schedule face-to-face interviews with prospective tenants. This will give you an opportunity to gauge their personality, communication skills and overall compatibility with your property’s rules and regulations. Don’t forget to contact previous landlords and personal references provided by the tenant. Ask about their rental history, reliability and any past disputes they might have had. Clear and comprehensive lease agreements A well-drafted lease agreement is your best defense against disputes. Make your lease agreements clear, comprehensive, and legally sound. You can achieve this by clearly outlining the responsibilities of both the landlord and the tenant. Include details about rent payments, maintenance duties and any specific rules or regulations for the property. If you have specific policies regarding pets, be sure to include them in the lease agreement as well. Specify any restrictions, pet deposits or additional fees associated with pet ownership. By implementing these strategies, landlords can significantly reduce the likelihood of tenant disputes. However, if disputes arise, don’t hesitate to enlist the necessary legal counsel and tackle them swiftly.

Wear and tear are granted in any occupied property. But what happens when, after a breakage, a malfunction or a wear-out, the landlord decides to take their sweet time to fix the problem? As a tenant, you have a duty to pay rent on time and adhere to the terms of the lease agreement. In exchange, you have a right to a habitable property. However, it is not uncommon for the landlord to fail to make certain repairs when called upon to do so. What is the landlord responsible for? While it’s the landlord’s job to ensure that the rental property is habitable per New York’s “Warranty of Habitability” law, you need to understand that every repair request is unique. Consequently, this means that some repairs might not fall within the landlord’s responsibility. That being said, the landlord must take care of issues like mold, leaks, gas problems, electric problems, HAVC problems, insect and rodent infestation and broken locks. Basically, these are issues that touch on the tenants’ health and safety and impact the property’s habitability. So, what do you do if you feel the landlord is walking away from their responsibility? Refer to your lease Most lease agreements outline the process of initiating a request for a repair. If the lease requires that you call a specific provider for the repairs, do so. You want to try to follow the laid down process first. Then, be sure to create a journal of the repair requests you make. Write down the date and time of the request as well as the nature of the repairs you are requesting and keep copies of all documents, papers and written communication about the issue. What if they don’t act? Landlords are required by law to keep the rental property habitable. If they fail to respond to your request for repairs, you need to explore your legal options.