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!

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.

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.

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.

Tenants in New York have a legal right to safe living spaces provided by landlords. If a tenant finds an issue with an apartment that would make the space uninhabitable, it may be the responsibility of the landlord to make repairs. Here are a few common issues with apartments that may make it unsafe for a tenant to continue living in them: Rodent and insect infestations A common problem with many apartments is rodent and insect infestations. Rodents and insects can not only damage apartments and furniture but also cause health risks for residents. This issue may be more prevalent if an apartment is located near a sewer, another tenant has hygiene issues or if an infestation is not properly handled by a professional exterminator. Structural issues Natural hazards and older apartments could suffer from structural issues. A structural issue with an apartment may include a collapsed ceiling, bowing walls, rotten wood or loose stairs. These issues may harm tenants and could result in further issues with the structural integrity if the issues are not handled swiftly. Hazardous material Many older apartments contain asbestos, mold and lead in paint and pipes. These hazardous substances can cause tenants to develop illnesses. Improper security A tenant’s health may be at risk if an apartment does not provide certain security measures, including cameras and locks. Broken doors and windows may also result in harm to tenants. It is important for both landlords and tenants to understand what their legal rights and responsibilities are when it is believed that an apartment is uninhabitable.

A dispute between landlord and tenant regarding a rental agreement or broader relationship responsibilities is known as a landlord-tenant conflict. Such conflicts can arise from issues such as rental property, lease terms, living circumstances and many other matters. These conflicts can potentially be resolved through a variety of methods, such as mediation or negotiation. Disagreements between a landlord and a tenant can often be resolved outside of court, meaning that litigation is relatively uncommon in this regard. However, this kind of legal action may become necessary if the parties cannot agree on a settlement or if the disagreement is particularly consequential. Common conflicts between landlords and tenants While there are many reasons why conflicts occur between landlords and tenants. For example, evictions are the most frequent cause of disputes between a landlord and tenant. The main reason for eviction is nonpayment or late payment of rent. Other reasons include breaking rental agreements and impending development plans. Property upkeep and maintenance can easily become a disputed issue between landlord and tenant as well. Landlords are obligated to take prompt action to remedy any problems with water, heating, ventilation and structural elements that are not the renters’ fault. Tenants have a responsibility to keep their rental properties clean and well-maintained, which is often specified in their lease agreement. If the rental property falls into disrepair due to the tenant’s negligence, it is considered a breach of contract, and landlords have the right to charge them for damages and even evict them. Finally, retaliation may occur when a tenant exercises their rights. A landlord may retaliate by fining them or evicting them. In fact, if a tenant exercises their legal rights and receives an eviction notice within six months, there is a presumption of retribution by the landlord in the New York court system. Landlord-tenant conflicts are unavoidable at times. If you have a dispute, seek assistance from someone who understands landlord and tenant rights to better understand your rights and options.

Regardless of your feelings about rent controls, both landlords and tenants should understand as much as possible about the different situations when rent can be raised despite rent stabilization. One of the most common situations that comes up is when a landlord wants to make improvements to their property – and raise the rent accordingly. This is when it’s critical to know the difference between individual apartment improvements (IAIs) and major capital improvements (MCIs) IAIs benefit specific tenants IAIs refer to upgrades or renovations made to individual rental units within a building. These improvements aim to enhance the livability of a specific apartment. IAIs can range from minor cosmetic changes like painting the walls, upgrading the carpets or installing new fixtures to more substantial alterations such as kitchen or bathroom renovations. IAIs can improve a tenant’s living conditions and comfort, but they’re also costly – so landlords generally want to pass those costs on to the tenant who benefits from them. So long as the unit is occupied, however, landlords need the tenant’s informed consent about the associated rent increase. They must also notify the Division of Housing and Community Renewal (DHCR) in advance of the upgrades. MCIs are building-wide upgrades Major capital improvements (MCIs) involve significant renovations or upgrades to a whole building’s common areas or structural elements. These improvements benefit all of the tenants in some way and boost the overall value of the property. Examples of MCIs include elevator modernization, roof replacement, boiler upgrades or repairs to the building’s facade. Unlike IAIs, MCIs don’t require a tenant’s consent for a rent increase, which is why they tend to provoke a lot of legal battles. Tenants do not always feel that the improvements are really to their benefit or fair, so they may not willingly pay for them. If you’re in a dispute over improvements to a rental unit or building, don’t guess about your rights. Informed legal guidance can help you understand the options.

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.

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.

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.

As with many other places, landlords must provide tenants with habitable living conditions in New York. This is a principle legally referred to as the “warranty of habitability.” It implies they must make necessary repairs and regularly maintain the premises safe and livable. While specifics may vary based on the lease agreement, certain repairs are generally the landlord’s responsibility. Major structural repairs and safety hazards Landlords in New York are legally responsible for maintaining the structure of the building and ensuring it remains safe and free from health hazards. This includes addressing major structural issues like leaks in the roof or problems with the foundation. Landlords are also obligated to take care of pest infestations, including roaches, rats or bed bugs. Essential utilities and services Landlords are required to ensure that essential services are available and functioning properly. This includes providing hot and cold water, heat during the colder months and ensuring that the electrical and plumbing systems are in working order. Hazardous conditions New York landlords are responsible for repairing any conditions that pose a risk to safety. For instance, if a staircase in the building becomes unstable or a lock on the apartment’s main door is broken, it would be the landlord’s responsibility to promptly make these repairs. Also, in accordance with local laws and building codes, landlords must ensure that each apartment has properly installed and maintained smoke detectors. Landlords usually take pride in the condition of their rentals. Tenants who encounter one who refuses to make repairs may find that legal action is necessary. Working with someone who knows this state’s landlord-tenant laws is beneficial in these cases.