As a landlord, it’s your hope that your tenant pays their rent in full and on time every month. When this happens, it’s one less thing for you to worry about. Unfortunately, even good tenants can fall behind on rent payments from time to time. There are many reasons for this, ranging from a job loss to a pay cut to a health concern that keeps them out of work for an extended period of time. If your tenant fails to pay their rent, here’s what you should do: Review your lease: It outlines the steps you can take if your tenant falls behind, such as charging them a late fee. Remember, your lease is a legal contract, so you need to follow the terms and conditions that the two parties agreed upon up front. Talk to your tenant: Don’t immediately assume that your tenant is trying to avoid you. Call them on the phone, send an email or visit them in person. Express your concern, ask them what’s happening and see what you can do to help. Jumping to conclusions will only make things worse. Try to work it out: For example, if your tenant is facing financial difficulties, you may offer to let them pay less than the full amount for a month (or several months). If you go down this path, make sure you write it into your contract and have them sign it, as you want to ensure that you get the money before they move out. A verbal agreement is not enough. Take legal action: It’s not something you want to do, but you may need to file an eviction notice. This allows you to remove your tenant from the property, hoping that you find someone in the future who will always live up to the terms and conditions of the lease. As a landlord, you’re likely to face challenges every now and again. When these relate to a tenant who’s not paying their rent, it’s critical that you take the right steps in the appropriate order. Doing so will position you to protect your legal rights, and hopefully minimize your loss.

When landlords decide to rent an apartment or other property to a potential tenant, there are number of different factors that will go into that decision, but the most important one is that they need to have assurances that the tenant will be able to pay their rent each month on time. However, landlords also have to be concerned about damages that may occur during the tenancy. Sometimes accidents happen and in others a tenant may purposely break something within the rental property. Sometimes the landlord will not know that the damage occurred until after the tenant moves out though. So, to help ensure that the landlord will not be stuck having to pay for the damages themselves, landlords generally require tenants to pay a security deposit at the beginning of the tenancy and generally these are a condition of the lease agreement between the landlord and tenant. However, these are just deposits though intended to protect the landlord in case there is significant damage. During the tenancy the landlord must keep the security deposit in a separate account which gains interest at a rate less than 1% of the total deposit each year. At the end of the tenancy the landlord needs to inspect the property and can keep a portion or all of the deposit to repair damages that are beyond normal wear and tear. However, they must notify the tenant and provide them with a list of the damages and estimated costs within 14 days of the end of the lease. At that time, they also must return any unused portion of the deposit to the tenant. Security deposits are very common conditions of a lease agreement in New York. They are meant to protect the landlord, but it is important that the landlord follows the rules associated with security deposits. If they do not, the tenant may have a basis to bring the landlord to court to retrieve their security deposit. Experienced attorneys understand these laws and may be a useful resource.

A lease is an important legal document with significant implications for the renters and property owners. As a result, both tenants and landlords should be familiar with what should be included in a lease. To begin with, the lease should include the names of all the tenants who will be renting the property. The lease should also include any occupancy limits on the property and restrictions on illegal activity. Secondly, the lease term should be clearly spelled out in the lease. The lease should also include the amount of rent due and when it is due. Additionally, the lease should specify acceptable forms of payment; where payments should be made; if there is any grace period for payments; any late fee for late payments and the amount of the late fee; any rent increase; and if the property is rent controlled. In addition to the amount of rent and when it is due, the lease should also specify if any deposit is collected and how the deposit can be used. The parties should also specify the landlord’s right of entry into the property and how maintenance and repairs of the property will be handled including who will be responsible for them and the costs associated with them. Rules concerning pets should also be specified in the lease. Additional provisions such as notices, parking, common areas or subletting should also be included in the lease. Landlord-tenant law provides important protections for both landlords and tenants that they should be familiar with. Both should be familiar with what should be included in a lease to protect their interests which landlord-tenant law can help them do.

New York’s eviction moratorium has been extended until August 20th. It is important for those impacted by the eviction moratorium to know what it means for them and how the extension works because some aspects of the new executive order beginning on June 20th mark a change from the original moratorium. According to the new executive order which applies from June 20th to August 20th, those who qualify for unemployment benefits or are experiencing a “financial hardship” because of the ongoing health crisis cannot be sued or evicted. The new order may require tenants to prove these circumstances apply to them to avoid eviction. Renters who fall into these situations cannot be evicted for nonpayment or for reasons other than nonpayment. It is important to note that until June 20th, all residents of New York are ineligible to be evicted. After June 20th, and until the 20th of August, renters in New York will need to meet one of the two categories named in the new executive order to avoid eviction. It is important to note that landlords will need to obtain an eviction order from the court in order to legally evict a tenant. Until the 20th of June that applies to circumstances of nonpayment or if the lease has ended. Landlord-tenant law is a resource for both landlords and tenants to better understand the eviction process. It is valuable for both landlords and tenants to understand the impact of the current pandemic on the eviction process and a landlord’s ability to evict a tenant for nonpayment or other situations.

Both landlords and tenants need to be familiar with the eviction process because it is such an important process to both. Once an eviction case has been started, it is useful for landlords and tenants to know what follows and be able to anticipate the eviction process and how to protect their interests. After the case has been started, if the tenant needs more time to respond, the tenant can request the court postpone the case for at least 14 days which is referred to as an adjournment and a new court date may be set. There are several possible options once the landlord and tenant come to court including they settle the case, they go to trial or if the tenant does not attend, the landlord may receive a default judgment against the tenant. Once the landlord has a judgment, they are able to evict the tenant but there are other steps in the process to be familiar with. Without a judgment, the landlord cannot evict the tenant. The judgment will tell the tenant how much money they will have to pay or when they will have to move out. The judgment provides a date when the landlord can obtain a warrant of eviction. With a warrant for eviction, a law enforcement official can be engaged to evict the tenant. The law enforcement official will provide a notice of eviction giving the tenant 14 days to leave the property or the law enforcement official will evict them. Landlord-tenant law governs the eviction process which provides protections for landlords and for tenants. Both property owners and renters need to be familiar with the protections landlord-tenant laws provide them and how to protect their important interests through the legal resources available to them.

As many renters with pets are aware, it’s not uncommon for a landlord to impose a no-pet policy on their rental property – and it’s their right. A no-pet policy establishes that a tenant isn’t allowed to have any type of pet in the unit or specifies which animals or breeds are restricted. If the tenant violates the terms of this clause, they could face eviction. However, as a landlord, you may encounter tenants that require an emotional support animal (ESA) to help with mental health conditions such as severe depression, anxiety or PTSD. Unfortunately, some people claim their pet is an ESA to work around a no-pet policy. Here’s everything you need to know about ESAs and when you have the right to deny them. ESA versus service animal While both ESAs and service animals provide comfort and support to their owners, there are a few key differences in the law’s eyes. A service animal is an animal that has been trained to perform tasks for a person with a disability. Service animals get legal protections through the Americans with Disabilities Act (ADA) that allows them to go where their owner goes due to necessity. ESAs are animals that simply provide comfort to their owners by being around. An animal doesn’t require any specific training to be an ESA. So, while a service animal can also be an ESA, an ESA cannot be a service animal without specialized training. What protections does an ESA have? Under the Federal Fair Housing Act, individuals with disabilities have protections from discrimination, including those who require an ESA to function. It states that landlords cannot refuse a potential tenant based solely on their disability and must make reasonable accommodations for them. Reasonable accommodation includes anything that doesn’t put a financial hardship on the landlord. If you have a no-pet policy on your property, but a tenant medically requires an ESA, allowing the ESA would be a reasonable accommodation. When can a landlord reject an ESA? If the tenant has a disability and the ESA does not cause financial hardship, then it is a reasonable accommodation and you must allow the ESA. However, a landlord may be exempt from renting to a tenant with an ESA if: Buildings have four units or less where one unit is owner-occupied. The animal is too large for the specific accommodation. The animal places financial hardship on the owner. The animal causes damage or poses a threat to other tenants. ESAs provide substantial comfort to those who need it most, but it’s in your rights as a landlord to verify that they are necessary. If it is a proven and reasonable request, you must allow the ESA on your property.

There are many issues that tend to arise between landlords and tenants. Making sure that the living space is free of construction defects, having the lease signed, paying rent on time, renewing the contract, having complaints filed and heard on time, all of these issues can arise between the two parties. What happens when a tenant abandons the property without notice? What happens to the abandoned property? It is important for landlords to know what to do in these situations. Abandoned property: There are instances were the landlord is surprised to see that the tenant has simply left the premise without giving notice. In the state of New York, the personal belongings that were left in the apartment by the tenant still belongs to the tenant and the landlord cannot sell it, take possession of it or discard it. In addition, sometimes the landlord has to deal with cleaning up the abandoned space or even repairing damages made by the tenant. Remedy: Unfortunately, the state of New York has no law that regulated forgotten or abandoned property in an apartment. Therefore, the landlord has no right to dispose of the property in any way. However, one of the remedies that are encouraged are for the landlords to update leases and include a clause that mentions abandoned property. Landlords should include what exactly will happen to the property that was left behind by the tenants. One of the most common things used by landlords is that they will sell the abandoned property. It is also encouraged for landlords to look up common practices in New York and how others have dealt with similar situations of abandoned property.

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

Among the highest risks a landlord takes when leasing their property is the tenants they choose. Though background checks and references provide plenty of information on potentially problematic renters, some issues can still slip through. Savvy landlords can catch these challenging tenant behaviors with some pointed questions and observations. These questions seek need-to-know information without invading a tenant’s privacy or violating the law. 7 questions to ask a potential tenant Eventually, the decision to lease to a tenant always comes down to trust. These seven questions can help landlords make leasing decisions in confidence: Why do you want to move? Knowing a tenant’s reason for moving can help landlords recognize potential conflicts before they happen. How long is your current tenancy? Knowing how long someone stayed in one location can show a lot about their personality, living habits and plans. What is the household’s monthly income? Landlords typically expect a tenant to make two and a half times the monthly rent. How many people are in your household? All buildings have tenancy limits. Additionally, more tenants equal more maintenance and higher costs to upkeep. Do you have employer or landlord references? If a tenant hesitates to provide employer or tenant references, they may have something to hide. Do not rent without references. Do you consent to a credit and background check? Tenants who refuse a background check also have something to hide. Do not enter into financial agreements with anyone refusing a background check. Have you ever received an eviction notice? Evictions cannot remain secret but asking this allows the renter an opportunity to explain their side. Landlords can bring legal questions to an attorney Landlords with additional questions about thoroughly vetting potential tenants can find answers with a local lawyer familiar with real estate law and landlord/tenant disputes. An attorney can help review legal claims, draft rental agreements and lend counsel.

Tenants expect privacy when they agree to lease a space. At the same time, landlords want to make sure that their premises are safe and retain their value. There are valid reasons that they have for wanting to get in and inspect their property. Both tenants and landlords alike often ask question where boundaries lie concerning when and why these entries can happen. While laws and regulations in each jurisdiction may vary, landlords are generally entitled to enter a tenant’s space in four primary instances. Property owners can go into a renter’s unit if they suspect there are safety or health concerns, to perform maintenance to it, to rent or sell it or if a court order allows them to do so. Landlords are allowed to lawfully enter a tenant’s unit in other cases though. A landlord may do so if they need to make repairs that will allow the space to remain habitable. This is the case whether the tenant requests them to be performed or not. The same logic applies if the landlord has intentions of making improvements to the property, whether functional or aesthetic ones. Landlords may also lawfully gain access to a tenant’s unit if they need to drop off a large package, evict or perform a service that you’ve requested of them. Property owners can generally enter units if they are aware that the tenant has abandoned the premises as well. Most local laws limit landlords to entering a tenant’s premises during reasonable hours. They may go into a unit outside of those times in emergencies such as a fire, flood or gas leak though. Tenants are generally restricted from changing locks on their unit without the expressed permission of their landlord. If you and your landlord are having difficulty getting on the same page about when they’re entitled to come into your unit, then you may want to consult with a Queens lawyer. An attorney can advise what your rights are here in New York. Your lawyer can also let you know what legal remedies are available to you if they’ve been violated.

Queens, New York, is known for making many contributions to the world of music and sports. For example, the punk rock band, the Ramones, hails from the Queens area as do rappers 50 Cent and Nikki Minaj. Comedian Jerry Seinfeld and musician Paul Simon graduated from Queens College. In sports, the Citi Field Stadium – one of the most recognizable ballparks in the nation – proudly calls the Queens region home. Unfortunately, Queens is also known for bed bug infestations within its numerous rental units. These infestations have resulted in litigious landlord-tenant disputes over the years. Landlords are often targeted in these lawsuits, which can result in huge financial losses if the tenant wins his or her case. Our attorneys would like to offer our landlord neighbors a few tips for avoiding landlord-tenant disputes revolving around the presence of these tenacious pests. By working to ensure that you remain protected if your tenants complain about bed bugs, you can save your reputation as a responsible landlord. You can also keep your money where it belongs – safely in your financial accounts. Make sure your rental units are inspected regularly for bed bugs Before renting out a home, search for bed bugs yourself in the unit’s walls, floor cracks and electrical outlets Take photos of the bed-bug free unit before your tenants take residence Consider having an attorney look over your rental agreements to see what kind of protective clauses you may wish to include in your contracts In most litigious landlord-tenant disputes involving the presence of bed bugs, landlords are not well-protected. However, it is possible to overcome these conflicts if property owners take steps to prevent infestations before they have a chance to occur. In cases where a tenant brought the pests into a building, landlords may wish to consider asking an attorney for guidance. You can learn more about your legal options when facing landlord-tenant disputes by reading more of our website.

Landlords help keep the economy of New York going by offering millions of people fair and safe housing. But many of them are concerned about doing business in a new legal atmosphere that may cause new problems between landowners and their tenants. New tenant protections affecting the city and state of New York are rankling some landlords. They are claiming the new Housing Stability and Tenant Protection Act, passed in Albany last June, are due to cause friction between them and their tenants. The law, among other provisions, prevents landlords from seeking security deposit amounts in excess of one month’s rent. Tenants now receive a 14-day notice to pay late rent before landlords are able to begin legal proceedings against them. A history of evictions or disputes with landlords in the past can no longer be counted against a person while seeking new housing. One landlord relates that evictions based on failure to pay rent previously took a minimum of a month to execute. New laws may extend this time to two or three months, during which landlords may not expect payment for their valuable properties. “When you create policies and procedures that make it deleterious to investors to invest in that region, it leads to disinvestment,” said a real estate developer working in New York cities. Landlords looking to protect their investments may always consult an attorney. Help with legal representation can reduce the valuable time that landlords may spend on disputes with renters who are not paying and protect them from inadvertently violating new laws that apply to their business practices.