There are laws that protect people with disabilities who need a service dog or an emotional support animal. Those laws extend to their living accommodations. Landlords must follow laws that support tenants’ rights to own service dogs and emotional support animals. Understanding the Americans With Disabilities Act (ADA) and the Fair Housing Act (FHA) can help you comply. Tenant rights related to service animals and emotional support animals are confusing. Understanding the laws and requirements can help you meet your legal obligations. American with Disabilities Act The ADA does not recognize emotional support animals as service animals. According to Title II and Title III of the ADA, a service animal is any dog that is trained (or being trained) to support its owner’s special needs. That includes support for their intellectual, physical, psychiatric, sensory or mental disabilities. It covers all public access issues. The owners of these animals have extra protections. Tenant rights related to service animals and emotional support animals are confusing. Understanding the laws and requirements can help you meet your legal obligations. Fair Housing Act Another national law, the FHA, uses the broader, more inclusive term “assistance animals.” It protects housing rights for people who have service dogs and emotional support animals. Landlords must provide “reasonable accommodations.” Service dogs and emotional support animals meet that standard. In most cases, you must allow residents to have them even if the building has a no pets policy. Tenants must qualify for an emotional support animal Emotional support animals are not service animals. People with anxiety, depression and Post Traumatic Stress Disorder must have a letter from a licensed mental health professional. Knowing your tenants’ rights can ensure you meet your legal requirements.

As a landlord, tenants who fail to pay rent can affect your bottom line. Yet, those who show disregard to your property may cause the most headaches. These tenants might make changes to your unit that violate the terms of their lease. Or, their actions could destroy surfaces, fixtures and appliances in the unit. If you’re dealing with a tenant who’s damaged your property, it’s crucial to understand your options. What qualifies as damage? When evaluating damage, it’s crucial to understand how it differs from normal wear and tear. Small stains, scratches, dust and even warped windows qualify as expected wear to a unit. These are often the byproduct of normal use, rather than any recklessness on your tenant’s part. Damages pertain to abnormal wear, and include: Marks or stains on walls Burns or stains on carpet Painting without permission Broken windows or screens Broken appliances Excessive mold What action can you take? If you find a tenant’s unit damaged after they’ve moved out, you can deduct the total repair cost from their security deposit. If this amount exceeds the security deposit, make sure you document any additional expenses, so you can bill your tenant for them. They may refuse to pay, though, in which case you will need to pursue a claim against them for further damages. If you discover the damage while the tenant is living in the unit, you must provide them a Notice to Cure. This document gives them 10 days to correct the violation of their lease. You cannot pursue further action against the tenant if they take corrective action. But if they do not, you will want to file a Notice of Termination, which gives your tenant 30 days to vacate the premises. If they fail to do so, you must file an eviction lawsuit to begin the proceedings for their removal. When you’re having trouble with a tenant damaging your property, it’s crucial to act swiftly. Moving fast can help prevent major losses and will allow you to hold your tenant accountable. An attorney who understands landlord-tenant disputes can help you take the steps to do so.

You own a rental property, and you worry about illegal activity. Maybe there have been some breaking and entering incidents in the area. You don’t want it to happen at your property. Both to deter thieves and to make sure you have evidence if it does happen, you decide to put up security cameras. Can you do that? Someone else lives there. Would having cameras on the property be an invasion of their privacy? You may own the property, but they still have a right to privacy while legally living in your building. Exterior security Typically, yes, you can put up exterior cameras and security devices. A camera near the front door that looks out at the street, such as a doorbell camera, can give you the security and peace of mind you’re after. The tenant does not have any reason to expect privacy at the front door, while still visible from the street, so it’s not a problem. If you own an apartment building with multiple units, you may also be able to put up cameras in the common areas. For instance, maybe there are exterior stairways or even interior hallways with doors going off into various apartments. Again, these are not places that people think of as private, and they are areas where illegal activity may begin, so cameras are not a problem. No inside cameras That said, be very careful that you never put up any cameras inside the building itself. This has happened in long-term rentals and short-term rentals in New York and led to lawsuits and arrests. You cannot do it. It is a violation of the tenant’s privacy. They have a reasonable expectation of privacy within the space they have rented, just as they would in a home they owned, and you cannot violate that. While this may seem obvious, mistakes happen. Maybe you’re worried about someone breaking in through a window, not the door, so you position a camera in the main living area, facing at the window. You don’t mean to record anything other than a break-in, but you still cannot do it. That is the tenant’s area to use as they see fit and they should have privacy in all parts of the home — not just bedrooms and bathrooms. Resolving disputes Camera use, even when you follow the law, can lead to disputes. Maybe a tenant complains that they don’t like the doorbell camera keeping tabs on when they come and go. Maybe they complain that an exterior camera can see in through a window. When these issues arise, with so much at stake and when dealing with such a sensitive topic, you need to know what legal options you have.

You want to check on your property, but you have tenants in place. You don’t want to violate the law, but you have a feeling that there are problems in the home that you haven’t been told about. Neighbors have complained about noise, parties and damage to the home, so you want to check things out as soon as possible. As a landlord, you need to be sure of the law. Your tenants do deserve privacy in their unit, but at the same time, you also have a right to enter with reasonable notice. When can you enter your property if a tenant lives there? Usually, you can enter the property if there are health or safety concerns, if you’ve had access granted to you by a court order, if you’ve sold or rented out the property and gave notice for a showing, or if the property needs maintenance. It’s normal to enter the tenant’s apartment or home if you are performing a move-out inspection or planned walk through. Most of the time, you’ll need to give advanced notice. Your lease may dictate exactly how long you have to give your tenant before you enter. Most landlords give at least 24 hours. If your tenant requests maintenance, then that may be the approval for entry that you need. Include that in your lease if you’d like to be able to enter after a maintenance request is made. When can a landlord enter the premises for the purposes of issuing an eviction or ejection notice? If you need to enter the property to evict your tenant, then you can enter if you are with a law-enforcement agent who has a service of process order for the eviction. In any situation, it’s not legal to harass your tenant. If you want to enter the property, always reach out to your tenant and ask about the possibility of entering. Generally, you’ll need to give 24 to 48 hours before you enter, but your lease and the law dictates what you can or cannot do. If your tenant gives you approval to enter, then you can enter right away or at the time they agree to within that period of time. Can you enter in an emergency? In an emergency, you can enter a tenant’s unit at almost any time. For example, if there is a fire, flood or gas leak, you may enter immediately. If you have questions about when you can or cannot enter a tenant’s property, your attorney can give you more advice.

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.

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.

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.

As a landlord, it is your obligation to provide safe and clean facilities for the people who rent from you. You maintain the premises and create a lease that outlines your expectations for tenants. Many landlords choose to not allow animals such as dogs or cats in their rental units because of the potential damages animals can cause. Other landlords do allow pets, but they also charge a special pet deposit which may be non-refundable, as well as an additional fee each month, sometimes per pet. Whether you allow pets or do not allow pets, there are circumstances in which a tenant can compel you to allow an animal in your rental unit. Understanding those circumstances can help you address them appropriately. Service and emotional support animals must be allowed If your tenants or an applicant you have recently approved has a trained service animal or an emotional support animal and legal documentation certifying the animal’s training and necessity for the tenant, you will generally need to allow the animal. Even someone who has been a tenant for years without a pet can suddenly receive a service animal and request that you accommodate the animal. Under the Americans with Disabilities Act (ADA), it is a form of discrimination to refuse reasonable accommodations to people with physical or mental illnesses, which includes the use of a service animal. Emotional support animals also provide critical services to people who might otherwise struggle with independent living, and as such, they have protections under the Fair Housing Act (FHA). Refusing to allow a tenant to have a well-trained and properly-cared-for service animal or emotional support animal is effectively a form of discrimination. In fact, you cannot even charge your tenants with medically necessary animals the same charges you would assess against tenants who simply wanted to have a pet. You may have options if a tenant abuses the law The truth is that many people intentionally abuse the ADA in order to keep pets in apartments they otherwise could not or take animals into spaces where it is not appropriate for them to be. Some people will buy service animal vests for animals that have received no training. Others will buy an emotional support animal letter of recommendation from a doctor or therapist with who they and their pet have no real relationship. It can be quite difficult to look into these situations without violating the rights of your tenants. However, a little investigation could go a long way. For example, if the dog has a branded service animal vest, you can contact the organization named on the safety vest and determine whether they trained the animal or not. For emotional support animals, you may be able to use the internet to search for the name of the recommending professional. If you find that they advertise creating these letters for a small fee, you can very likely contest the placement of the animal in your space. If the animal is already there, you can possibly evict the pet itself. This is a very complicated area of law, so it will probably be in your best interest to speak with an attorney as soon as possible if you find out a tenant or potential tenant wants a support or service animal in your unit against the terms of your lease.

Many New York landlords have found themselves stuck in the unfavorable position of having a tenant who is behind on rent payments. Whether they are continually late in paying or are several months behind, you may question your options to enforce timely payments. Managing rent-delinquent tenants can be one of the most challenging and unenjoyable parts of being a landlord. Tenants may pepper you with excuses or conveniently dodge your frequent attempts to collect rent. Here are four considerations to manage difficult tenants and collect rent on time: Follow through on your late-payment policy Your lease should contain terms for late payments. When a tenant is late on rent, assess the situation, including by checking whether this is the first time the tenant has paid rent late. Stick to your policy, whether that includes issuing a written reminder, penalizing them with a late fee or more. Talk things out Whether your first steps went ignored or the late payments persist, your next step should be to informally talk with the tenant. Putting a face behind the rent payment can alert your tenant to the fact that if they don’t pay rent, the responsibility falls on you. Be careful to strike the right tone from the start: be understanding and respectful, yet firm. Issue a formal notice In a last effort to collect payment, you must demand rent either orally or in written form, according to your lease. Known as a “ pay or quit notice,” New York law requires you to issue this formal demand that allows the tenant at least three full days to pay the late sum. This notice also allows the tenant the opportunity to move out instead of potentially facing eviction. Assess your options to evict the tenant When your notice goes ignored, it’s time to evaluate your legal options. While it may seem counterintuitive, in some cases to both avoid eviction and leave the unit in good condition, you may offer the tenant payment in exchange for their vacating the premises as soon as possible. If even this fails, you can start your case to evict the tenant as soon as the three-day period following the notice expires. Start your nonpayment of rent case in New York City Housing Court. Be prepared to show proof of your notice to the tenant, the tenant’s history of late payments and all steps taken prior to filing the eviction action.

No one wants to be the villain, but being a landlord sometimes requires difficult decisions. Few decisions are tougher when it comes to evicting a tenant who hasn’t paid their rent. To evict a tenant for failure to pay their rent, you must start a nonpayment case. Evicting a tenant is more complicated than changing the locks while they run their errands. New York law requires that you follow the proper eviction protocol, no matter how frustrating the situation is. To evict a tenant for nonpayment of rent you must start with a rent demand. What ‘ s in a rent demand The law requires that you use a rent demand to attempt to collect the past due rent on your own. A rent demand must include a statement warning them you are attempting to collect the overdue amount and will evict them if they do not pay. You must also list the months and amounts that the tenant owes rent for, as well as any utilities or taxes that the lease entitles you to. Depending on the lease, you may issue the rent demand verbally or in writing, but it’s generally a good idea to provide a written demand. Issuing the demand in writing makes it more difficult for the tenant to claim that they never knew they owed back rent. If you do choose to provide the demand in writing, you must give a three-day notice or more before you can begin eviction proceedings. If the tenant has left In some cases, the tenant may realize that they haven’t paid their rent and leave before you had the chance to evict them. While it’s too late to evict them if the tenant has given you notice that they’ve vacated the unit or given you back the keys, you have other options. You may still file a small claims case against them to recover the rent that they owe you. Being a landlord is difficult sometimes, especially when it comes to having to evict a tenant for not paying their rent. Following the proper legal procedure can help recover the money you’re owed and ensure that you don’t bring legal consequences upon yourself.

As a landlord, there’s no better feeling than finding the perfect tenant. The person takes care of the property, always pays on time and is serious about following the terms and conditions of the lease. Unfortunately, even if you have a good relationship with your tenant, things can turn sour without notice. While there’s no surefire way to prevent a dispute, here are some things you can do to keep your relationship on solid ground: Discuss the details of the lease up front: Both of you should have a clear idea of the many terms outlined in the lease. Address any of you tenant’s questions or concerns before they sign on the dotted line. Provide a safe environment: Don’t give your tenant reason to believe that you’re not providing a safe place for them to live. For example, regular inspections can go a long way in pinpointing problems that have the potential to cause harm. Make timely repairs: If something goes wrong with the property, no matter how big or small, make repairs as quickly as possible. Even if you’re unable to address the issue right away, share status updates with your tenant. Don’t give them reason to believe you’re stringing them along. Don’t invade your tenant’s privacy: Give your tenant at least 24 hours notice before entering a unit. If you continually invade your tenant’s privacy, it can result in a variety of problems. Ignoring eviction rules and laws: If you need to evict your tenant, read the lease for a clear idea of the steps you must take. Also, become familiar with the many laws that govern what you can and can’t do. Even if you take these steps, you could still find yourself in the middle of a landlord-tenant dispute. Hopefully, you’re able to work things out with your tenant in an efficient and professional manner. If the dispute continues to grow and negotiations fall flat, it’s time to learn more about your legal rights in New York as a landlord. You need to take the right steps at the right time to finally put this issue in the past.

The return of a security deposit is one of the most common landlord-tenant disputes. This payment can keep your tenants from costing you extra in repairs. However, if it’s not handled correctly, it could also result in a lawsuit against you. Here are a few guidelines to help you know when you can keep a security deposit and when a tenant needs it back. Assessing the damage Once the tenant has returned the keys and left the premises, you should begin to assess the property. Scheduling to have the tenant present for your final walk-through of the property will help save you time by minimizing the chance of a dispute. Prior to the walk-through, be prepared to write a list detailing the property’s condition. Deductions may be required for: Cleaning Significant damage repairs Unpaid rent To keep these costs clear to the tenant, you should write down each repair and the approximate cost to fix it. Proving it Common reasons why a tenant may dispute their security deposit being used for a repair is if they claim the damage was already there or they had notified the leasing office of the damage. Proper record keeping can help avoid these issues. Give new tenants an inventory checklist when they first move in so that you have a record of the condition of the property prior to their tenancy. You can also take pictures of the property before the tenant moves in. Compare the condition of the property from the start to the end of the tenancy using these records. You should also be sure to keep a record of any maintenance complaints made and whether they were resolved. To prove the cost of repairs and cleaning, secure a reasonable estimate for the job and then provide the receipts afterward. Return within a reasonable time New York law mandates that a security deposit is returned to a tenant between 21 and 45 days following the tenant’s move-out date. If the tenant sues A tenant who claims not to have received their security deposit within a reasonable amount of time or who disagrees with the deductions made from their deposit may choose to take legal action against you. In small claims court, you could owe up to $5,000 to the tenant, whereas in village and justice courts you could owe up to $3,000. In addition to paying these amounts and losing the deposit, you could also face penalties or punitive damages in some circumstances. If you are facing accusations such as these, contact an attorney to learn more about your rights. A real estate lawyer can help you with litigation cases such as these or advise you on language to use in the lease to keep the condition of your property maintained.