Many Queens landlords require their tenants to place a security deposit on their apartment before allowing them to move in. Property owners often have their renters pay a security deposit in order to cover their costs if a tenant doesn’t comply with their lease. If they don’t, then a landlord may not have to return a tenant’s security deposit. Let’s look at some examples. Your rental agreement should detail what constitutes a timely rent payment. If your tenant stops paying on time, then they may be in breach of their contract. You, as the landlord, may be able to keep their deposit and apply it to their outstanding rent. Most tenants have to do a walkthrough of a unit and sign off on the condition before being allowed to rent it. If your tenant leaves your property in a different condition than you handled it over to them, then you may be able to withhold their security deposit to use for cleaning or repair expenses. Landlords tend to have their tenants sign leases so that they can better anticipate when to advertise and how to budget their money. You, as a landlord, may choose to withhold a tenant’s security deposit simply for moving earlier than you expected. Another reason why you may want to hold on to your tenant’s security deposit is if they have any lingering fees that they’ve failed to pay. Landlords often do this if there are metered utility costs that a tenant neglects to cover. Landlord-tenant issues often start as small, easily resolvable concerns that seem to quickly spiral out-of-control. It’s when the New York court system gets involved that things can get quite costly. If you have a problem renter, then you should get a landlord-tenant disputes attorney involved right away. This will help you stay on the right side of the law and protect your rights.

The change in New York state law last year that limited how much landlords could raise the rent in properties that are rent-regulated were welcomed by tenants throughout New York City and around the state. The new law has had some other impacts. There’s already been a significant increase in lawsuits by tenants alleging that landlords overcharged them for rent. One attorney, whose firm has seen a 30% rise in such claims, says the increase is in part because these claims can now go back six years instead of four. This puts many landlords at a disadvantage because they may not still have the records indicating improvements they made to a property five or six years ago or added expenses from that far back that warranted a rent increase. The attorney notes that these claims are often made by tenants who are facing eviction for nonpayment of rent. This concern by landlords of tenants filing these claims has made some landlords hesitant about taking tenants to court who are just a couple of months behind on their rent. According to the Wall Street Journal, the number of these filings has been cut almost in half since late 2018. Landlords are now more likely, according to the attorney, to settle nonpayment disputes with tenants with the Division of Housing and Community Renewal (DHCR) than in court. This is less expensive. Further, the people handling the disputes are more familiar with rent laws than most judges are. Another attorney notes that if a landlord-tenant dispute is heard by the DHCR, there are other advantages. For example, a ruling by the agency is less likely to be overturned than a court ruling. Of course, each case is different. However, it’s worth considering at what point it’s worthwhile to take action against a nonpaying tenant. As one of the attorneys notes, “Landlords were taking tenants to court for one or two months of nonpayment of rent that they had paid but the landlord’s books were messed up/ So someone had to miss work for one or two months of nonpayment, something that gets settled in the hallway.” If you have an issue with a tenant who’s not paying their rent, it’s wise to consult with an experienced attorney. They can go over your options and provide guidance to help you determine the best course of action.

If you’re the landlord of a newer apartment building, your tenants may use any one or more of “smart access systems” to lock and unlock their doors. Personalized key fobs, smartphone apps and biometric identifiers (like facial recognition technology and eye scans) are becoming more common. While these new technologies increase convenience for tenants and landlords alike, some people have raised concerns over how much personal data these new technologies can give landlords about their tenants. Moreover, how can landlords use (or misuse) that data? New York legislators have proposed legislation that would prevent landlords from using the data to monitor, harass or evict tenants. New York City Councilmember Mark Levine, the author of one bill, said, “We need to have strong regulations in place to protect tenants from the misuse of this data by their landlords.” His bill would also limit the data collected via these technologies to a tenant’s name, contact information and apartment number. Among other things, it would also prohibit landlords from selling any data they collect to third parties. Another bill, proposed by Councilmember Brad Lander, would prohibit landlords from requiring tenants to use these smart technologies instead of old-fashioned keys. One New York politician is taking similar action on a federal level. Brooklyn Congresswoman Yvette Clarke introduced legislation that would ban the use of facial recognition and other biometric technology housing that’s federally funded. She proposed the bill after people in her district complained about its use in their public housing complex. Even though these proposals haven’t yet been passed, it’s wise for landlords to keep the privacy rights of their tenants in mind if they have personal data collected by keyless entry systems. If you have questions or concerns or if your tenants have raised the issue with you, it may be wise to talk with an attorney. They can help you take steps to avoid legal problems.

One of the biggest annoyances of living in apartments and other multifamily dwellings in New York City (and anywhere) is the noise from neighbors and their visitors. Whether it’s the people living above or below or those in the hallways and outdoor common areas, excessive noise can drive residents crazy. The most common noise complaints are: Loud TVs and music Heavy footsteps, furniture moving and other sounds on the floor in the unit above Parties and other gatherings Children crying or screaming People shouting at one another When these noises occur late at night, they can interfere with people’s ability to sleep, seriously impact their quality of life and possibly be detrimental to their health. When talking to the neighbors (or others creating the noise) doesn’t work, residents often turn to landlords to resolve the problem. Landlords have an obligation to do what they can about noisy, disruptive tenants. If a tenant brings a noise issue to your attention, you should get the details. Find out when and how often it’s occurring. Determine what, if anything, the tenant has done. Did they try to talk to their neighbor? Do they have recordings of the noise? Next, you need to notify the allegedly disruptive tenant of the problem. Maybe they had no idea they were disturbing anyone. Remind them of any noise or nuisance clauses in their lease or rental agreement, such as after-hours rules about noise. If it was a one-time event, such as a party, a visit from family with young children or a delivery of new furniture, the problem should be solved. If, as is often the case, it’s an ongoing problem, you may need to take action as allowed by your agreement and local ordinances. This may include fines or a “cure or quit notice.” In an extreme case where a tenant is persistently disturbing multiple tenants and refusing to stop their behavior, eviction may be a consideration. It’s wise to have clear, concise rules about noise in your agreements along with details about disciplinary action that will be taken if tenants violate those rules. An experienced attorney can help you with that. They can also help you if you need to take serious disciplinary action against a tenant to help ensure that you remain compliant with the law.

Many of the landmark rent laws that took effect this summer in New York were aimed at adding protections for renters. They address things like evictions, notices of rent hikes, security deposits, rent caps and application fees. The changes, which were fought by the real estate industry and trade groups that represent property managers and landlords, are viewed as a power shift from landlords to tenants — one that can be seen in other states from coast to coast. Those who opposed the new measures argued that, among other things, they would make it more difficult for landlords to evict nonpaying or otherwise problematic tenants. Many landlords may not be familiar with the changes in the laws until they seek to make changes that are addressed in them. If you want to evict a tenant, it’s essential to know what their legal rights are. For example, a judge can stay an eviction for as long as a year if the tenant can’t find a similar home in the area after making a reasonable effort to do so. They may consider whether the eviction would impact a tenant’s health, their children’s schooling or other significant areas of their life. Landlords can’t use force to evict someone or lock them out of their home illegally. If they do, they could be charged with a misdemeanor and face up to a $10,000 fine for each incident. An official with the National Apartment Association notes that these protections for evicted tenants make it difficult for landlords to remove residents whose behavior is negatively impacting their neighbors. Further, allowing a stay of up to a year on the eviction of someone for nonpayment of rent can be financially damaging for landlords. If you need to evict a tenant, it’s essential to understand both their rights and yours. An experienced attorney can provide valuable guidance that will help keep you from violating the law while seeking to do what’s in your — and your other tenants’ — best interests.

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.

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.