The landlord-tenant relationship is important for renters and property owners to understand. Both landlords and tenants should understand their responsibilities, as well as the responsibilities of the other party and what they can do if disputes arise. Responsibilities of tenants Tenants have certain responsibilities including: Compliance with the lease terms and the law and may be liable for negligence, abuse or willful acts; Refraining from unreasonably withholding access to the property from the property owner or agent for the purposes of making repairs or improvements; Responding to the owner concerning legally-required notices; and Paying their rent as required according to a lease or the landlord-tenant relationship. Responsibilities of landlords Landlords have certain responsibilities including: Ensuring that the building is safe, clean and well-maintained in the rented unit and common areas; Providing heat, hot and cold water and good lighting; Following required registration requirements for owners, including registering rents annually if the rent on the unit is rent-stabilized. Landlords are also required to follow other requirements related to security deposits and repairs in the rental unit. If either the tenant or the landlord fails to meet their responsibilities, legal remedies may be available to assist including eviction options if the tenant fails to pay rent, refuses the landlord’s entry into the apartment or engages in illegal behavior in the rental unit as examples. It is essential for both landlords and tenants to be familiar with how landlord-tenant law protects them and can help them resolve landlord-tenant related disputes that may come up.

Having a home and a lease are important for every renter which is why they should be familiar with the lease terms that should be included in their lease. A lease protects both renters and owners of properties they are renting out which why knowing what to include in a lease, and appropriate lease terms, is essential for both renters and owners to be familiar with. Complete list of the names of tenants who will be living in the property The name of any adult who will be living in the rented property should be included in the lase. Each adult who will be residing in the rented property should also sign the lease. Limits on occupancy may also be included and the lease should also prohibit illegal activity on the property. The amount of rent due and when it is due The lease should also include the rental amount and when the rental amount is due. Additionally, it should state if there are any fees for late payment and if there is a grace period provided for rental payments to be made. The lease should also address how and where payments can be made, any rental increases and if the property is rent controlled. Lease terms and deposits or fees The lease should include a clear rental or lease term as well. The lease should generally enumerate any deposits that will be collected, what they are being collected for, how they will be held and how they will be returned. The lease should also address damage versus normal wear and tear and what, if any, portions of deposits or fees collected are nonrefundable. Right to entry and maintenance and repairs The lease should outline what rights to entry the owner has to the property which is typically governed by state law. It should also address who is responsible for repairs, how they should be reported and how they will be addressed and remedied when they occur. The duty of the owner to maintain a property that is livable and the renter to maintain the property in a clean condition should also be enumerated in the lease. Additionally, the lease should address the pet policy for the property. Understanding what should be included in a lease is important for any renter or owner of a property who has decided to rent the property. Landlord tenant law provides important protections to renters and owners that they should be aware of and familiar with.

Landlords in the Forest Hills area will generally ask tenants for a security deposit before tenants can occupy the premises. However, landlords should have a basic understanding of security deposit laws in New York, so they can protect their interests. Where should security deposits be placed? New York law does not contain provisions on how big a security deposit can be. However, if a landlord owns property that has five dwellings or more, any security deposits made must be placed in an interest-bearing account. Interest accrued in such accounts will go to the tenants. Also, all landlords have to provide tenants with a receipt of deposit that states which financial institution the security deposit is being placed in. When should security deposits be returned? New York does not give a specific timeframe that security deposits should be given back to tenants. Instead, the law simply states that tenants should be given back their security deposit within a reasonable amount of time when the lease is up. Landlords can keep a some or all of a security deposit if tenants fail to pay rent or cause damages to the premises. Understand your rights and responsibilities Landlords naturally want to find tenants who are responsible, paying their rent on time and keeping the rental properties clean and in good repair. Security deposits protect landlords from being financially liable if tenants cause damage to rental property or fail to pay what they owe in rent. However, landlords should understand their rights and responsibilities when it comes to security deposits. Real estate attorneys in New York understand state landlord-tenant laws and may be a useful resource for information on security deposits.

Most landlords in Queens are careful to make certain that all tenants sign a written lease that, among other terms, specifies the date on which the lease expires. A tenant who leaves the rented property before the expiration date may face an action for unpaid rent and damages. If the landlord is unable to rent the property before the expiration date, the tenant may be required to reimburse the landlord for the rent that would be owed during the period of vacancy. Defending such a lawsuit is difficult, but New York law provides one very powerful defense: proving a case of constructive eviction. New York landlords owe their tenants certain duties. Among these duties are clean and habitable premises, adequate heat in the winter, essential utilities and unrestricted access to the premises during the lease term. The landlord must also protect and respect the tenant’s right of “quiet enjoyment.” Quiet enjoyment means the right to occupy the premises free from harassment by the landlord or persons acting for the landlord. These duties are usually combined in what the law calls a “warranty of habitability.” If a landlord breaches the warranty of habitability, the breach may be deemed to be an act of eviction, that is, the landlord may be deemed to have committed acts that are sufficient to support the legal conclusion that the landlord breached the lease and “constructively” evicted the tenant. The effect of constructive eviction Constructive eviction can be used against the landlord in two ways: prospectively, if the tenant wants to terminate the lease, or defensively, if the landlord sues the tenant for breach of the lease. To raise a claim of constructive eviction, the tenant must first abandon the premises. The tenant must then prove the five elements of constructive eviction: That the landlord owed a duty to the tenant, such as providing essential utilities or a residence free from toxic materials such as lead paint or asbestos That the landlord neglected this duty That the landlord’s neglect made the apartment unlivable That the tenant gave the landlord notice of this neglect and plenty of time to fix it That the tenant left the apartment within a reasonable amount of time after the landlord failed to fix the problem Anyone who believes that they may have been the victim of constructive eviction may wish to consult an experienced landlord/tenant attorney for an evaluation of the lease and the terms of the alleged eviction.

Being a landlord in New York can be a profitable endeavor, and many people in New York choose to rent rather than buy property. It is important for landlords and tenants to be familiar with what should be included in a lease. A poorly drafted lease could lead to problems, including the potential for disputes and litigation, down the road. First: Who are the parties to the lease? A lease agreement must identify who the landlord and/or landlord’s agent is and it should name any tenants age 18 or older that will be occupying the premises. The landlord’s and tenant’s address should also be included in the lease. Second: What is the property being leased? If the property being leased has a name, this name should be included in the lease. The entire mailing address for the property being leased should also be included. This means the lease should include the property’s house number, the street name, the apartment number if applicable, the town/city the property is in, the state the property is in and the property’s zip code. Third: How long will the property be leased for? A lease should name how long the tenants can occupy the property, using exact dates. Vague terms such as “one year” may not be enough to be enforceable. Oftentimes, a yearly lease will automatically be converted to a monthly lease at the end of the year. Fourth: How much will rent be and when should it be paid? A lease needs to include provisions stating the amount of money the tenants must pay in rent each month, and when rent is owed. It is important to list both the full amount of rent over the entire term of the lease, and then break that amount down to arrive at the monthly rent owed. Fifth: What will the tenant be responsible for? Per landlord-tenant law, tenants are responsible for keeping the premises free from safety hazards. They cannot damage the premises and must follow housing codes. If the landlord wants the tenant to be responsible for any other duties regarding the premises, this should be included in the lease. Ensure your lease is comprehensive before signing It is important for both landlords and tenants to carefully review the lease before signing. Each party will want to know what they are responsible for and they will want to ensure they are agreeing to the same terms. Vague terms or misunderstandings could lead to allegations that the lease was breached, leading to litigation. Landlord-tenant attorneys in the Forest Hills area can provide legal advice on leases, which this post does not provide.

A lot of New Yorkers fall on hard times. This can leave them struggling to make ends meet, which oftentimes puts them at risk of eviction. But if you are facing the very real possibility of eviction, then you need to know that you might have a number of defenses available to you. One of them is to claim that your landlord has failed to maintain the premises in a way that keeps it habitable. What makes a residence uninhabitable? In broad terms, habitability means that your residence and the building where you live are kept safe and livable. There are many factors that go into a habitability consideration, though, including the following: Access to water Access to hot water Access to heat Electricity issues Flooding and leaking Existence of pests Existence of mold Broken appliances Leaking or broken bathroom fixtures Broken or missing locks Harmful fumes Dangerous premises Any one of these issues may be enough to establish that your residence and/or building are uninhabitable. Uninhabitable premises as defense and counterclaim Claiming uninhabitable conditions might not only protect you from eviction, but it might allow you to recover compensation from your landlord. In order to succeed on one of these claims, though, you’ll need to demonstrate that your landlord either knew or should have known about the conditions and, despite that knowledge, he or she failed to remedy the conditions. Proving your case If you’re dealing with uninhabitable conditions, then you need evidence to support your claim. This might include communications that you’ve had with your landlord, pictures of your residence or building, and witnesses who can back up your observations. You’ll need to know how to develop compelling legal arguments that utilize this evidence in light of the law, as well as anticipate your landlord’s arguments. Fortunately, you don’t have to deal with these matters on your own. Instead, you can find aggressive advocacy from an experienced attorney of your choosing.

In Queens and throughout New York, real estate and rental properties are a major source of dispute between landlords and renters. This is especially true if the apartment is rent controlled and a person does not want to move out. Because these apartments can result in a significant rent increase if they become available, it is understandable if landlords want to have an opportunity to raise their profit. From both perspectives, it is wise to have legal advice in these complicated matters. Woman and landlord in battle over her apartment A woman who has resided in a Queens apartment for four decades has been in an ongoing dispute with her landlord. It is a rent-controlled co-op. The owner is a limited liability company that acquired it in 2002. The woman’s son asserts that the landlord wants his mother to vacate the property so they can charge a higher rent. This accompanies other issues that have occurred in the past including water damage from a leaky air conditioner nearly 10 years ago. Other problems have cropped up and the landlord has not repaired them. One was a potentially dangerous gas leak. There were more than 30 violations found in the apartment in the past three years. A lawsuit was filed with the woman’s son saying that the landlord is refusing to make the necessary repairs as part of an ongoing attempt to get her to leave. With new laws passed in 2019, renters were accorded greater protection, especially regarding rent stabilization. The landlord is also accused of listing the apartment as for rent and showing it to prospective renters. Letters were sent to the landlord to stop, but they have yielded no results. The lease is set to expire in October with the legal requirement that she be offered a renewal. The repairs have yet to be completed and the woman is unsure as to what will happen. Landlords and tenants should have legal advice There are two sides to every story with a landlord-renter situation and it is important that each is represented. There could be a misunderstanding regarding the agreement, the landlord could be committing violations, or the tenant might have caused damage that could lead to eviction. There are many factors to consider in these circumstances. When engaged in a property dispute, it is wise for those involved to be legally protected with help from a law firm experienced in landlord-tenant disputes to try and reach a reasonable resolution.

As a landlord, you’re able to make money by providing one of the basic necessities of life to your tenant. Doing so requires a lot of work. You might try to handle some repairs or maintenance yourself to keep costs low. You also probably screen tenants to ensure they have a history of paying rent and enough income to cover their costs. In order to generate a profit while charging an affordable level of rent, you will have to balance the need for repairs, upgrades and maintenance against the revenue generated by your rental units. Unfortunately, sometimes your units don’t generate the money that they should. Often, the issue stems from a tenant not paying rent. Sometimes tenants know that they need to quickly address and unpaid rent issue. Other times, they believe they are in the right to withhold rent for one reason or another. Do tenants ever have the legal right to withhold rental payments in New York? Yes, your tenant can withhold rent to make repairs If your tenant advises you that there is an issue with the property that affects their safety or ability to live in the space, you generally need to take steps to remedy the issue and ensure that the unit is habitable. They have to allow you a reasonable amount of time to make those repairs. Landlords typically need to make such repairs at their own expense unless they have proof that the tenant caused the issue. If a landlord fails to take timely action or if the issue is so severe that a tenant cannot wait, they have the option of covering the costs themselves and then withholding the amount paid from their next rental payments. It’s important to note that there are limits on this right, including the requirement that the issue is severe enough to impact the safe habitability of the space. Your tenant should have receipts and evidence of using the withheld amount on the repair of the unit. If your tenant has an unpaid balance and they do not have proof that they have used the funds that should have gone to you to make repairs to the property, you may need to take action against them to recoup that lost rent or possibly evict them from the unit.

There many people renting in New York. When people start their rental at a particular apartment or home, they usually sign a lease. This is the official contract between the tenant and landlord and sets out the terms of the lease and the responsibilities of both the tenant and the landlord. However, there is one responsibility that all landlords have regardless of whether it is specifically stated in the lease or not. It is also a responsibility the landlord has even if the lease specifically states that the landlord does not have it. This is responsibility is that the landlord must ensure that the apartment is habitable. This means that the landlord must keep the apartment in good condition for the tenant. Therefore, when things break, the landlord must fix the problem to ensure the apartment is habitable. If the landlord fails to make the necessary repairs, the tenant does have a couple of options to attempt to rectify the situation. One is to make the repairs themselves and then deduct the cost of the repair from their rent payment. If the problem is significant though and makes it impossible to live in the rental, the tenant could withhold the entire amount of the rent until the repairs are complete. In either situation, it is important that the tenant makes the landlord aware of the problem before attempting to fix it or to withhold rent. The landlord needs to be given the opportunity to fix the problem. Also, it is important to keep the invoices and receipts and document what the tenant did to fix the problem. Ultimately the landlord and tenant could end up in landlord-tenant dispute in court to resolve the issue. There is a warrant of habitability implied in every lease in New York. This means that landlords have a duty to keep the rental property in good repairs and fix problems that make a rental difficult to live in. These problems can lead to landlord-tenant disputes though and consulting with an experienced attorney could be beneficial for both sides.

Disputes between landlords and tenants have existed for centuries. While some disputes are resolved outside of the courtroom, there are many disputes that eventually go to trial. As with any other legal dispute, when a landlord–tenant dispute goes to trial in a New York Housing Court, it becomes necessary for a landlord to be adequately prepared in order to protect the property and his or her interests . Evidence to be collected for the trial In a New York Housing court, it is usually a Judge who hears the matter, and the judge comes to a decision based on the merit of the evidence placed in the courtroom. Therefore, it is imperative that a landlord has the following evidence ready to prove his or her claim. The evidence, in this case include, but are not limited to: Original or a certified copy of the the deed of the property The lease for the party that the landlord has filed a lawsuit against Certified copies of the registration statements Records maintained for the property Photographs, agreements, and receipts Other documents that are relevant to the claim made by the landlord Witnesses who are able to support the landlord’s claim It is important to note that all documents presented in court must either be originals or must be certified by an appropriate authority. A landlord’s approach to trial With all the evidence collected, a landlord may be able to appear in court on a string footing. However, resolving a landlord–tenant dispute may sometimes require more than just evidence. It is in such cases that a landlord may experience that his or her interests are not being adequately addressed in the trial. In order to avoid such a situation, it may be a wise decision on the landlord’s part to retain an experienced attorney.

Being a landlord in New York can be a lucrative endeavor. However, landlords also have responsibilities to tenants. Specifically, landlords have to make sure their property is kept safe, is up to code and that necessary repairs are timely made. The following are some tips for landlords when it comes to the safety and upkeep of their properties. Regularly inspect your rental properties First, landlords should regularly perform inspections of their rental property, keeping an eye out for any dangerous conditions and ensuring the building is up to code. This is important because if a tenant is injured by a dangerous condition on the rental property it is possible that the landlord could be held liable in some situations. Specifically, landlords may incur liability if: They recklessly or intentionally created the dangerous condition; They were unreasonably careless; The premises are in violation of health and safety regulations; They did not make certain repairs; or The premises are uninhabitable Ensure your rental properties are habitable and make repairs Similarly, landlords need to make repairs when necessary to ensure the premises are fit for occupancy. This duty is legally known as the “implied warranty of habitability.” In general, rental property needs to have adequate heating, plumbing, electricity and gas. Tenants can take action against a landlord if a landlord fails to make repairs regarding these basic features or repairs on other necessary fixtures on the rental property. Keep your rental premises safe from crime In addition, landlords need to be aware if the tenant is breaking the law on the rental premises or if there is criminal activity going on in the area where the rental property is located. Landlords can be liable to neighbors if tenants are breaking the law, and landlords have a duty to protect tenants from criminals that might try to enter the rental property. This may mean keeping a written record of crimes committed on the premises and ensuring suitable locks and lighting are installed on the premises. Landlords have many duties as owners of rental properties. If they are careless or ignore repairs or safety concerns, they could face liability. This post is for informational purposes only, so landlords who want to learn more about their legal duties will want to seek professional advice.

We know that New York is a rental mecca.  Everywhere you turn there are apartments or other housing for rent, often at very steep prices for the square footage.  This brings us to our question.  Can your landlord just decide to raise rent every time your lease comes up for renewal? There is not definite yes or no answer to this question. The most factual answer is “it depends.” Every landlord-tenant relationship is different, as is every lease agreement.  For the most part, yes, your landlord may raise rent at the end of your lease period.  However, the amount by which it may be raised can vary.  If the housing unit is not rent-regulated, meaning rent is solely at the landlord’s discretion, then he or she can raise it at their own discretion.  The only law regarding this matter is that you must be provided with at least 30 days notice if the new amount will be more than a 5% increase over the previous one.  If the landlord does not intend to renew the lease at all, you must be provided with 60 days notice if you have been renting from 1-2 years, or 90 days notice if you’ve been there at least 2 years. If the rental unit is rent-stabilized, the landlord must provide notice of option to renew lease at least 90 days prior to its expiration.  At that time rent may be raised, but only by an amount determined by the city rather than at the landlord’s discretion.  Finally, New York City offers a rent freeze program for disabled people and renters who are 62 or older.  Under it, the amount of rent the tenant pays will not change.  If rent increases, then the city covers the difference as a property tax credit. If you feel like your landlord is acting outside the law when it comes to rent increases, consult with an attorney who can help determine if your rights are being violated.