Those renting in Queens or elsewhere in New York City pay a premium for relatively small spaces. Many of them, therefore, take excellent care of the places they call home, but not everyone makes safety and cleanliness a top priority. Tenants have a major impact on the condition of a unit, and it is reasonable for landlords to expect that tenants will remove trash and otherwise keep the space sanity. Still, landlords also have certain maintenance and upkeep obligations that they should fulfill. There can be tension when pests turn up at a rental unit. Landlords might blame the occupants, while the occupants just want the landlord to fix the problem. Who technically has responsibility for cockroaches or other pests that infest a rental unit in New York City? Landlords are responsible for pest remediation Although one could easily raise a claim that the conduct of tenants can directly cause a pest infestation, it is usually the landlord’s responsibility to address tests if they become a problem at a rental unit. Tenants have to provide proper notice to the landlord about the issue and may even need to arrange some place to stay during the treatment process. Landlords should address issues with pests quickly so that they don’t get worse or endanger the health of any of the occupants. Disagreements about pests like cockroaches at a rental unit could lead to litigation or claims against security deposits in some cases. Understanding who is responsible for different forms of maintenance will benefit both landlords and the tenants occupying their rental properties.

Conflicts can sometimes occur between tenants. If they do it is important for landlords to realize that they cannot just evict someone, as the law gives tenants a lot of protection. Here is how you can handle a problematic tenant: Have rules The easiest way to avoid tenant conflicts is to prevent them before they happen. Thus, it’s crucial to have rules on what is allowed or prohibited regarding shared spaces, music/parties, smoking, pets and so on. When someone moves in, they should have a copy of these rules. Nonetheless, some complaints may still arise despite rules being in place. Listen to the complaint When you receive a report of a dispute, you should meet with involved parties and listen to their concerns. This helps you obtain more information to determine the best way to solve the situation. During this meeting, you should ask questions and be sympathetic throughout. They should know their complaint is valid and you take it seriously. If you have a policy for handling such complaints in your rental agreement, this is the time to apply it. Keep a written record You should write notes from the meeting to document the case. In addition to the cause of the conflict, your report should include: The date of the complaint Involved parties (their names and house numbers) The resolution The date of the resolution. If one of the parties is involved in future disputes, these records might help you to evict them. If one of your tenants is being disruptive you may need help to understand your legal options.

Landlords and tenants will sometimes find themselves in disputes over who has to pay for repairs to a space. This can happen to both residential and commercial tenants. The landlord may contest that the tenant damaged the space and should have to repair it, while the tenant will claim that the landlord is responsible for those costs. Oftentimes, what the tenant will say is that the damage to the property is just normal wear and tear. But what does this actually mean? Expected deterioration The problem with “normal wear and tear “is that it generally just refers to the expected deterioration in a space. Anywhere that people live or work, that space is going to be damaged in minor ways. Carpet will wear down with foot traffic, for instance. A baseboard may get scuffs and scratches. Floorboards may become loose over time. These are all relatively unavoidable issues that would happen to anyone. On the other hand, unexpected property damage goes beyond what you would anticipate from someone simply living in the space. They have done something – perhaps on accident or by being negligent – to cause an excessive amount of damage. Scratches on a windowsill may count as normal wear and tear, for instance, but a broken window probably will not. With that said, even this doesn’t define the concept in a way that is always satisfactory. What type of damage should someone realistically expect? Are these expectations ever defined by either the landlord or the tenant? It may be important to consider exactly how the damage occurred to determine who was responsible. Was the tenant acting in a negligent manner at the time, or were they simply living their life when the damage happened for reasons largely outside of their control? Working through this process Needless to say, landlords and tenants are not always going to agree on who caused damage or who is responsible for the costs. A significant dispute can arise, especially if the damage is extensive and will be very costly to fix. In a situation like this, it’s important for all involved to know exactly what legal options they have and to seek legal guidance whenever necessary.

Tenants have to follow their lease agreements when living in apartments. Many lease agreements have very basic and universal terms. But, some landlords may be particular and include unique terms in a lease. To ensure that a lease agreement is being followed, it may be best to review the terms. Here are a few ways a lease may be violated: 1. Unauthorized pets Most lease agreements have some kind of terms regarding pets. Some lease agreements plainly state that pets are prohibited in apartments. While other leases may have one or two small pets with one-time and monthly pet fees. Tenants may violate their lease by allowing an unauthorized pet into their apartment. 2. Indoor smoking Smoking has been known to damage homes. People who smoke indoors may discolor walls and leave a lingering smell, which can be unattractive to new tenants and disturb other tenants in the building. One way landlords can try and prevent this is by having a no-smoking term in the lease. Tenants who are caught smoking indoors may violate their lease. 3. Noise violations People have jobs and school and don’t want to lose sleep because a tenant is making noise all night. Many tenant agreements include hours where tenants must lower their volume so that others aren’t disturbed. If it becomes a constant issue, then there may be a lease violation. 4. Long-term guests Many landlords rent apartments based on the size of the building and how many people are staying in a room. As such, tenants who have other people living with them that weren’t authorized may be in violation of their lease agreement. 5. Property damage Tenants should be aware that, while they live in an apartment, they don’t have the right to destroy the property. Tenants may cause damage to an apartment that costs the landlord repair bills. If property damage is extreme or continues to happen, then the landlord may believe that a tenant has violated their lease. If a tenant violates their lease, then there could be legal battles. You may need to reach out for legal help to ensure you have a favorable outcome.

While most landlord-tenant arrangements work well, without any major issues on either end, sometimes problems can occur. Understanding the likely causes of problems allows both parties to act to reduce the chance it happens to them. Here are two to consider: 1. People are unclear about their expectations You probably shouldn’t tell everyone what you’re thinking all the time. Yet, when it comes to a contract, it is best to make your thoughts clear to the other party before you commit. Maybe you’re a prospective tenant with a strong wish to grow vegetables in a backyard garden, for example. Bringing it up before you sign the lease is best. If you find your landlord is opposed to you digging in the yard, you may be better off looking for somewhere else. It is better to discover that now than to take the place without mentioning it to the landlord and then have to remove your boxes because the landlord does not like them. 2. Landlords make unfair exceptions to the rules When you took the property, the landlord made it perfectly clear that they do not allow pets. Sometime later, you notice that one resident has bought a cute puppy for their child. You know the landlord knows about it because the child took the puppy to show them. When you investigate, you discover that the child is the landlord’s godchild. You’d be right in feeling that does not make it OK when your contract prevents you from having one. A successful lease requires the commitment of both parties. If you fear the other side is failing to meet its obligations, consider legal help to examine your options.

Finding housing in New York can be a challenge. For those who are undocumented and for minorities, the challenge can be even greater. New York law has specific laws that explicitly forbid discrimination on things like race, nationality, immigration status and similar points. The Fair Housing Act and New York State Human Rights Law are the specific laws that govern landlord discrimination. The protections offered start during the application process for a rental unit and continue throughout a tenancy, including the eviction process. What are some of the things New York law forbids? New York laws set the standard of treating everyone equally for rental units. This means that landlords can’t refuse to rent to someone based specifically on their national origin. They also can’t add steps to the application or approval process for only people who are from certain areas or have specific characteristics. For example, they can’t require a background check on Mexican individuals if they won’t also require it from a Caucasian individual. They also can’t require larger security deposits or rental payments just because of someone’s national origin or immigration status. Immigration status actually plays very little part in the rental and eviction process. Immigrants, regardless of their documentation status, are protected by the law in this state so they have the same rights as citizens. Tenants and landlords should remember that New York has very specific laws for housing units. Ensuring these laws are complied with is crucial in avoiding legal issues. Working with someone familiar with these matters is beneficial since you can find out what options you have if there are situations involving any form of discrimination occurring.

You’ve been in the real estate business for some time now and you rent out properties. For the most part, this has gone smoothly and you receive a profit while the tenant has somewhere nice to live for a reasonable price. Unfortunately, upon a recent inspection, one of your tenants has damaged your property. What are some of the more common types of tenant property damage and what are your legal options as a landlord? Misuse of the property The lease agreement between you and your tenant should specify behaviors that are not acceptable in the property. For instance, if there is no smoking permitted in the building. You can also state that there is zero tolerance toward anti-social behavior such as wild parties. If your property has subsequently been damaged due to prohibited behaviors then it has been misused. This is something that you could hold the tenant accountable for. Unreported issues Property damage such as a leaky pipe may not be anyone’s fault, but these things typically need to be repaired quickly. Failure to do so will result in the leak only getting worse as well as more extensive damage to the property. A tenant should inform you of issues such as this so that you can carry out repairs. They also need to allow you to access the property for these purposes. These are things that can be included in your tenancy agreement. A failure to report an issue or to let you in could result in unnecessary damage and you might be able to hold the tenant to account for this. If your tenant has damaged your property then you may want to know how you can lawfully evict them. Compensation may also be an option. By seeking some legal guidance, you’ll be better placed to take appropriate action.

Some landlords believe that they can enter a property at any time because they are technically the owner of that real estate. On the other hand, some tenants believe that they always have a right to privacy and that a landlord can never come into the home or apartment without permission, on the grounds that the tenant has signed a lease to use that space as their own. Neither of these positions would be technically correct. It is true that New York law prohibits landlords from entering at any time they want or for any reason, so tenants do have privacy protections. However, there are also some reasons why landlords can come in and steps they need to follow to do so. Providing advance notice Generally speaking, your landlord has to pick a reasonable time to enter your apartment and give you notice in advance that they are going to do so. They may do this to make updates or repairs, to show the apartment to someone else and for many other reasons. This doesn’t mean they can just barge into the apartment and begin making repairs at any hour or for any reason, but they can work with the tenant to find an appropriate time. Entering in an emergency There are cases where landlords can enter a property without notice and without permission, such as if there is an emergency. For example, perhaps a landlord owns a duplex and lives in one half while renting out the other half. If there’s a house fire, the landlord may be able to go into the other side of the duplex because there’s simply no time to get the necessary permission. But emergency situations are rare, and landlords typically cannot enter without notice or permission. It is very important for both sides to understand all of their legal options if they find themselves in a dispute.

Maybe you recently purchased a property and intend to rent it out to others, and you want to make sure that your lease adequately protects your interests. Perhaps you are a tenant who just started a romantic relationship and suddenly started getting fee invoices from your landlord. There are many reasons why you may want to clarify whether it is legal for a landlord to restrict how someone uses their property and what guests they have visit. Can New York landlords prevent tenants from having overnight or long-term stay guests? Leases can include numerous restrictions It is actually common practice in New York and many other large cities for landlords to specifically include clauses in their leases that prevent their tenants from taking on a roommate or allowing guests without first notifying the landlord. After all, every person who stays in the building will likely increase the landlord’s costs, either through utility use or wear and tear on the facilities. Some landlords will allow for occasional overnight stays provided a guest doesn’t stay too many consecutive nights. Others place a limit on how many overnight stays are permissible in a single month. However, some landlords completely prohibit overnight guests without prior written permission and may even impose specific financial penalties if they discover unauthorized guests staying at their property. What happens in a conflict about guests not on the lease? Typically, the terms of the lease will be what dictates the outcome in a conflict between a tenant and a landlord about overnight guests or someone staying with the tenant. Landlords typically cannot change the terms of the lease in the middle of someone’s tenancy, but tenants will need to abide by the existing restrictions in their lease or run the risk of incurring costs. Landlords can potentially take different steps against a tenant to enforce a rule against overnight visitors. In some cases, they may send an invoice and charge the tenants for the people staying at the property. Other times, they may document the infraction and then deduct those fees from someone’s security deposit. Finally, landlords may also make the decision to evict a tenant when they have egregiously violated the terms of a lease. Tenants may be in a position to negotiate more favorable terms when they first take on a lease or to discuss their needs with a landlord to avoid fees and other issues. However, if the parties cannot reach an amicable agreement, they will both typically need to abide by the rules outlined in the lease documents. Understanding your rights when dealing with a landlord-tenant dispute will make it easier for you to protect your interests as a property owner or a tenant.

As a landlord, the term disabled tenant may automatically cause you to worry about the safety of tenants with disabilities. What if they fall while residing on your property? What if they try to sue you for the accident? Disabled individuals have the right to fair housing and non-discrimination—a principle you likely support. A little information about New York housing laws and the rights of disabled tenants (and applicants) can help you feel more at ease about renting to these unique individuals: You cannot refuse housing So long as the disabled tenant can meet the terms of your rental agreement, you may not refuse them housing or kick them out of the home. Doing so would be in violation of federal and New York fair housing laws. You may need to allow accommodations Some of those experiencing a disability need special accommodations in their rental homes. Examples include: Allowing a service animal, even with a no-pet policy Installing or allowing the installation of grab bars Moving the disabled tenant to a ground-floor unit Providing a wheelchair-accessible parking space You may not refuse to allow reasonable accommodations unless it would cause significant financial hardships or harm the rights of other tenants. Who pays for reasonable accommodations? It depends on the circumstances. Often, the tenant can and will pay for reasonable accommodations. Other times, you may need to foot the bill for physical accommodations like grab bar installation. If you’re worried about injury liability when renting to a disabled tenant, it may be worth your while to understand your legal options. They can ease your mind about liability concerns and guide you in abiding by New York housing laws.

Landlords have several legitimate reasons why they include pet policies on their rental contracts. A good pet policy protects the rental property, complies with insurance regulations and ensures that everyone is safe. Some landlords opt to include a “no pet” clause in their lease contracts altogether. But, what if a tenant acquires a pet midway through the tenancy contract? Can you evict them? Is this true even if the tenant claims that the pet is a service animal or therapy animal for some condition they have? An unauthorized pet can be a serious cause of a landlord-tenant dispute. However, before making the decision to evict the tenant, it helps to understand the circumstances that prompted them to acquire the pet and what the law says. Some animals are more than just pets The 1968 Fair Housing Act prohibits landlords from discriminating against tenants on the basis of their race, religion or other protected characteristics. The same law protects tenants from discrimination based on their physical features or special needs. According to the FHA, emotional support animals, companion animals and therapy animals are terms used to refer to animals that provide comfort to people by virtue of being with them. Therefore, if your tenant has a valid doctor or therapist’s approval to own a companion animal, then you may not evict them from the rental property. Rather, the FHA requires that you provide reasonable accommodation for the tenant in question. Landlord-tenant disputes are triggered by a number of factors. Find out how you can navigate the subject of pet ownership on your rental property.

The “Fair Chance for Housing Act” is slowly moving forward through the New York City Council’s review, despite fierce opposition from landlords – and maybe some tenants. The proposed law had a lot of support from council members and the city’s mayor, but not everybody is a fan. If it passes, it would prohibit landlords from running criminal background checks on any prospective tenant. What are the pros and cons of this bill? Those who support the bill say that it’s a necessary move to eliminate problems that put black and brown people at a disadvantage. They have a disproportionate number of criminal violations, which many advocates contend is a factor of systemic racism. In essence, people of color are treated more harshly by the criminal justice system than white people – and a minor conviction from a decade ago could be used as a pretext to deny someone a rental. One supporter noted that 11% of the population of New York has a criminal conviction on their record, saying, “There is no evidence that shows a criminal conviction determines whether someone will pay their rent, someone will be a good neighbor, and whether a community will be safe.” Opponents, however, say that landlords and other tenants could suffer if the Act does pass. As one council member (who does not support the bill’s passage) said, “We can actually have a murderer and someone in current criminal proceedings moving in next door and nobody will know about it.” Unfortunately, there are no easy answers – but the bill looks like it is likely to pass, and landlords need to brace for the changes. Landlords and tenants can have a complicated relationship – but it’s often easier to navigate complex situations when you have experienced legal guidance on your side.