As a landlord in Queens, NY, renting to Section 8 tenants can be a great opportunity to secure consistent rental income. Section 8, or the Housing Choice Voucher Program, helps low-income individuals and families afford housing by providing government-subsidized rent payments. If you’re considering becoming a Section 8 landlord, The Law Office of Seth Rosenfeld will explain the important steps and benefits involved, and answer some common legal concerns our clients usually have. Understanding the Benefits of Renting to Section 8 Tenants Renting to Section 8 tenants comes with a number of benefits for landlords. The biggest advantage is the guaranteed rent payments from the local housing authority. With Section 8, landlords receive a portion of the rent from the government. This reduces the risk of missed payments. Furthermore, Section 8 tenants often have a greater need for safe, affordable housing, and the program helps provide stable living conditions for individuals and families. As a landlord, renting to Section 8 tenants can contribute to the community by offering these tenants secure place to live. How to Rent to Section 8 Tenants in Queens, NY Renting to Section 8 tenants involves a few key steps. First, you must register your property with the local housing authority. Once approved, your property will be listed as eligible for Section 8 tenants, and you can begin the process of finding the right tenants for your property. Our landlord-tenant lawyers can help you with the application and approval. To qualify, the property must meet certain health and safety standards set by the housing authority. After applying and ensuring that your property meets these standards, you will need to sign a Housing Assistance Payment (HAP) contract with the housing authority. The amount of rent you can charge will be determined by the local housing authority, considering factors like the size of your property and its location. However, you can still charge the tenant a portion of the rent, which is typically based on their income. Common Questions Landlords Have When Renting to Section 8 Tenants When renting to Section 8 tenants, it’s important to understand some of the rules that come with the program. For instance, Section 8 tenants typically pay 30% of their income towards rent, while the government pays the rest. This guarantees that landlords will receive a portion of the rent payment, even if the tenant is unable to pay the full amount. Regarding the process of renting to Section 8 tenants, the housing authority will also conduct inspections to ensure that the property meets their standards. This inspection is crucial to getting approval for the tenant to move in. Another common concern is whether a Section 8 lease can be terminated. Section 8 leases can be terminated in situations like non-payment of rent, violating the lease agreement, or damaging the property. However, the process for termination should follow the local laws and the specific terms of the HAP contract. Important Considerations for Section 8 Landlords Becoming a Section 8 landlord also requires understanding your responsibilities as a property owner. Regular maintenance of your property is a must, as the housing authority will schedule annual inspections to ensure everything is up to code. Landlords also need to follow local tenant protection laws to avoid issues with evictions and other disputes. Having a Section 8 lawyer on hand can help ensure that you follow the proper legal processes, especially when it comes to terminations, evictions, and disputes with tenants. Renting to Section 8 Tenants with The Lae Office of Seth Rosenfeld Renting to Section 8 tenants in Queens, NY offers stability and benefits for landlords. By following the proper steps and understanding your rights and responsibilities, you can have a smooth experience while providing affordable housing to tenants in need. If you’re interested in renting to Section 8 tenants or need help navigating the process, consider reaching out to our experienced Section 8 lawyer for advice. Our Section 8 housing attorneys here at The Law Office of Seth Rosenfeld helps landlords throughout New York City including Long Island City, Flushing, and Jamaica, understand the process of renting to Section 8 tenants and addresses common concerns and questions. With this information, landlords can confidently consider whether Section 8 is the right choice for their rental business. Contact us today for a free consultation!

Landlord-tenant disputes are not uncommon. After all, there are bound to be disagreements among property owners and occupiers. Understanding the most common issues between landlords and tenants is helpful and can better ensure that all parties protect their rights and interests. If you're stuck in a landlord-tenant dispute of any kind, don't hesitate. We can answer all your questions during your free consultation. Contact us online or give us a call today! Non-Payment of Rent: The Big Issue Non-payment of rent is one of the most common disputes that landlords face. When a tenant fails to pay rent, landlords may feel justified in pursuing eviction, as rent is the core of the landlord-tenant relationship. However, you (the tenant) might withhold rent for a variety of reasons, such as unresolved maintenance issues or because the unit is deemed uninhabitable. This often leads to legal standoffs. If you’re a tenant and withholding rent because of poor living conditions, there are local laws that protect you. Many states or regions require landlords to maintain their properties to meet certain standards. If the landlord fails to do so, you might have legal grounds to withhold rent until repairs are made. However, it's important to note that withholding rent can be tricky—if you don’t follow the proper legal procedures, you may face eviction for non-payment. On the other hand, landlords usually have a right to evict tenants who consistently fail to pay rent. But they cannot simply lock you out without proper notice and following legal procedures. If you are facing an eviction, it’s wise to seek legal advice immediately. In cases of non-payment, courts often get involved to determine whether the landlord has met their obligations (e.g., repairs) and whether the tenant has a valid defense. Lease Violations: Breaches of Agreement Lease violations can lead to a variety of disputes. These violations can include unauthorized subletting, engaging in illegal activities on the property, or making alterations to the premises without the landlord’s consent. If you're a tenant and find yourself accused of violating your lease, you might face eviction or be asked to pay compensation for damages. However, not all lease violations are as clear-cut as they seem. For example, a landlord might accuse you of unauthorized subletting even when you’ve been allowed to have a friend stay for a short period. In such situations, you may be able to argue that the violation was either not severe or that you were not adequately informed about the rules. It’s important to communicate with your landlord when there’s a misunderstanding, and keep a paper trail to prove your position. If you're a landlord, it’s vital that you handle lease violations carefully. Before initiating eviction proceedings, ensure that the lease violation is significant enough to warrant such action and that you’ve followed the proper steps. Eviction for minor violations can often be avoided with a simple conversation or negotiation. Maintenance and Repairs: A Tenant’s Right Another major source of conflict in landlord-tenant disputes is the issue of maintenance and repairs. Landlords are legally obligated to ensure that their properties are habitable and meet certain safety standards. If the landlord fails to address serious issues—such as leaks, heating problems, or broken plumbing—it can lead to dissatisfaction on the tenant's part. Tenants, on the other hand, might try to withhold rent or seek legal remedies if their landlord fails to make necessary repairs. For example, if your unit has a leaky roof and you’ve informed your landlord multiple times without any response, you may be able to legally withhold rent until repairs are made, depending on your jurisdiction. Before doing so, you must follow the proper procedure—typically, giving your landlord notice and allowing them reasonable time to address the problem. In some cases, tenants may also choose to make repairs themselves and then deduct the cost from their rent. However, this should only be done after attempting to resolve the issue with the landlord. If you’re in a situation like this, check local tenant laws to ensure you follow the right process. For landlords, it’s critical to stay on top of maintenance requests to avoid disputes. You should be proactive in addressing necessary repairs and keep detailed records of all communications with tenants regarding maintenance issues. You might also want to consider conducting periodic inspections to ensure the property is in good condition. Security Deposits: A Frequent Battleground Security deposits are another area where conflicts frequently arise. As a tenant, you might be frustrated if your landlord withholds part or all of your security deposit at the end of your lease, claiming damages or unpaid rent. The truth is, landlords can only keep a portion of the security deposit if there’s legitimate damage beyond normal wear and tear or if there are outstanding bills that were agreed upon in the lease. As a tenant, it's important to request an itemized list of any deductions the landlord makes from your deposit. If you don’t receive this in a timely manner, you might be entitled to a full refund of your deposit. If you disagree with the deductions, you can negotiate with the landlord or take the matter to court. Landlords, on the other hand, should be sure to follow all local laws regarding security deposits. For example, some jurisdictions require that security deposits be returned within a certain period of time, and they often mandate that landlords provide an itemized list of damages if they are withholding part of the deposit. Failing to comply with these requirements could lead to legal consequences. To avoid issues with security deposits, both tenants and landlords should document the property’s condition at the beginning and end of the lease. Taking photographs and keeping a checklist can help protect both parties if disputes arise. Understanding common landlord-tenant disputes in New York benefits all parties involved. It can help them to appreciate and work to protect their rights. Seeking legal guidance is always an option in this regard. For your free consultation, contact us online or give us a call today!

Until recently, when a tenant died and still had a lease, landlords had two options: Assuming there was no family member with succession rights to the place, the landlord could either consider the lease terminated or they could allow the tenant’s obligation under the lease to transfer to their estate. If a landlord chose not to consider the lease terminated, the estate either had to pay out the lease’s remainder or petition the landlord to permit the property to be sublet through the end of the lease’s term. The Estate of the Deceased Tenant Now Has More Power Under a law recently signed by Governor Kathy Hochul, the tenant’s executor (if they had a will) or personal representative (if they did not and one was appointed by the estate) can now simply cancel the lease by providing the landlord with notice and turning over the keys. For all practical concerns, this makes it much easier for both the landlord and the tenant’s estate to move on. However, the tenant’s estate can still be held responsible for some of the landlord’s expenses. These include: Unpaid rent that the tenant owed before their death Rent that was unpaid between the time of the tenant’s death and the time of surrender Damages to the apartment or home that are beyond normal “wear and tear” Cleaning services and hazard removal services related to the tenant’s death The cost of moving and storing the tenant’s belongings, if the landlord had to do so As a landlord, you may hope to never have to deal with this particular situation – but it’s a distinct possibility. Knowing what to do to comply with the legalities of the situation can be difficult on your own, particularly if there is no will, disputes over the estate or nobody to claim the tenant’s belongings. Seeking experienced legal guidance can help you navigate the situation. How Does Transfer of the Lease Work? Historically, under New York Real Property Law § 236, when a tenant passed away during the term of a residential lease, the lease did not automatically terminate. Instead, the executor or administrator of the deceased tenant's estate had the option to request the landlord's consent to assign the lease to another party or to sublet the premises. This request had to be accompanied by the written consent of any co-tenant or guarantor associated with the lease. The landlord was then required to respond within a specified timeframe, either granting or reasonably withholding consent. If the landlord unreasonably refused consent or failed to respond, the lease could be deemed terminated, releasing the estate from further obligations. However, this process often proved cumbersome, leading to potential financial burdens on the deceased tenant's estate. Recognizing these challenges, New York State introduced a significant amendment to the Real Property Law. Effective February 15, 2024 (under § 236-A) the executor, administrator, or legal representative of a deceased tenant now has the explicit right to terminate the lease upon providing written notice to the landlord and surrendering possession of the premises. This termination is effective as of the date the notice is given and possession is returned. While this provision allows for the termination of the lease, the estate remains liable for any rent or debts incurred prior to the termination date, including damages to the property and expenses the landlord may incur directly resulting from the tenant's death. Can I Name Someone as My Lease Executor Before Death? While tenants can designate executors in their wills to manage their estates, including lease agreements, it's essential to understand that lease agreements themselves are contracts between the tenant and the landlord. As such, tenants cannot unilaterally appoint someone to assume their lease obligations without the landlord's consent. However, tenants can take proactive steps to ensure a smoother transition in the event of their death: Succession Rights: In New York, certain family members residing with the tenant may have succession rights, allowing them to assume the lease upon the tenant's death. To facilitate this, tenants should inform their landlords in writing about any family members living with them who might be eligible for succession rights. This notification can help prevent disputes and ensure that the landlord is aware of potential successors. Communication with Landlord: Tenants may discuss the possibility of adding a co-tenant or authorized occupant to the lease agreement. This arrangement, subject to the landlord's approval, can provide the designated individual with legal rights to the premises, ensuring continuity in occupancy. Estate Planning: Including specific instructions in a will regarding the management or termination of lease agreements can provide clear guidance to executors and family members. While the executor will have the authority to manage the deceased's affairs, clear directives can streamline the process and reduce potential conflicts. How Much Does It Cost to Transfer the Lease to Another Entity? Transferring a lease, whether through assignment or subletting, can involve several dependent costs: Administrative Fees: Some landlords may charge fees to cover the administrative expenses associated with processing a lease transfer. These fees can range from $200 to $500, depending on the landlord's policies and the complexity of the transfer. Legal Expenses: Engaging legal counsel to navigate the transfer process can incur costs. While not always mandatory, legal assistance ensures that the rights and obligations of all parties are adequately addressed, potentially preventing future disputes. Rent and Arrears: The estate is responsible for any unpaid rent up to the effective date of the lease termination or transfer. Ensuring that all dues are settled is crucial to facilitate a smooth transition. Property Maintenance and Repairs: Before transferring or surrendering the lease, the estate may need to address any damages beyond normal wear and tear. Failure to do so could result in deductions from the security deposit or additional charges. It's important to note that under the new provisions of § 236-A, while the estate can terminate the lease upon the tenant's death, it remains liable for obligations incurred before the termination. However, the estate is not liable for penalties related to inadequate notice resulting from terminating the lease under this section.

Before you allow virtual strangers to reside in your property, you have a right to learn more about them. However, with modern privacy concerns, tenant screening traps may lay in wait. More people than ever actively protect their privacy rights and take legal action in the face of violations. Compliance with New York screening regulations is crucial to avoid a landlord-tenant dispute based on privacy or rights violations. Knowing what is and is not allowed when looking into potential tenants can help you stay out of legal hot water. Legal tenant screening practices To screen potential tenants without legal trouble, landlords must adhere to specific guidelines: Obtain written consent from applicants before conducting any background checks Only inquire about an applicant’s criminal history after making a conditional housing offer Adhere to the federal Fair Housing Act prohibiting housing discrimination Apply screening criteria consistently to all applicants Following these practices can help landlords remain within legal boundaries while learning more about prospective tenants. Prohibited screening practices Certain actions are prohibited when screening potential tenants in New York. Specific examples include: Charging more than the actual cost of a background check or exceeding $20 Asking questions that could reveal an applicant’s race, religion, gender or other protected status Conducting background checks without written authorization Inquiring about criminal history before making a conditional housing offer It is easier to violate these rules than you might think. For instance, if you use outdated housing applications or lease and rental agreements, they could contain unlawful provisions, sparking a landlord-tenant dispute. Speak with a legal representative to update your screening practices. They can help you create compliant housing documents and offer tips for dealing with prospective and current tenants lawfully.

You’re a landlord for a duplex in New York City. Most of the time, things work out well, and there are two tenants in the duplex who tend to get along. But this is not always the case, and you know that conflicts may occur. For example, maybe one of the tenants has made some noise complaints. Perhaps the other tenant has a non-standard work schedule, so they are usually awake at night. Maybe they practice a musical instrument, which can be very loud, or they have a loud pet. As the landlord, do you have to do anything about these noise complaints? Do you have any legal obligations to solve them? The noise code As a general rule, no, you are not legally obligated to do anything about these complaints. You should make tenants aware of the local laws and regulations. If one tenant complains, you could try having a conversation with both of them to see if you can resolve the issue. But if that doesn’t work, then the loud tenant may be in violation of New York City’s noise code. This means that the tenant whose rights are being violated needs to make their complaint to the correct city officials. For things like animal noises – like an incessantly barking dog – the first step is often to provide advice or instructions to the pet owner. But if the noise complaints continue, then the government can take action to ensure that the noise code is followed. Situations like this certainly can lead to complex conflicts between tenants and landlords. Those involved need to know exactly what legal steps to take.

Landlords can potentially build their personal wealth by accruing equity in residential properties. However, every tenant is theoretically a threat to the property that they own. After a tenant leaves, a landlord could discover significant damage to the rental unit. They then have to make costly repairs before a new tenant can take possession of the property. Landlords in New York can retain some or all of the tenant’s security deposit to cover repair costs when necessary. However, a tenant is not responsible for normal wear and tear to a residential unit. How can a landlord prove that property issues are actual damage, and not standard wear and tear? Some damage is standard in an inhabited unit Tenants making use of a space and its amenities can cause slow degradation to the unit over time. Tenants walking in their own units can cause compression of the carpeting and the padding underneath. The sun coming in through windows can fade carpeting and paint inside a building. Appliances become less efficient with age and may require repairs or outright replacement. Aging electrical sockets, peeling linoleum floors, mild scratches to the floors, signs of wearing on countertops and chipped paint also constitute normal wear and tear. So does the creation of small holes in the wall from hanging pictures. A landlord is unlikely to recover the costs related to such damages because they are standard wear that occurs during occupancy. However, actual damage to the unit is another story entirely. Large holes or gouges in the wall, possibly caused by an emotional outburst, are not standard wear and tear. Neither is an accumulation of smoke residue from tobacco use inside the unit. Broken windows, tears to the screens, rips in wallpaper or burn damage on countertops can all constitute recoverable repairs. Pet smells, carpet stains, broken faucets, damaged door knobs and alterations made to the apartment without written approval could all be damages that a landlord can request compensation to repair. Documentation is key in security deposit cases If a landlord wants to make a claim against a tenant’s security deposit, then they need proof of the damages. Pictures of the unit before the tenant assumed possession and after they vacate can help establish that the damage to the unit is relatively new. Statements from maintenance and repair professionals can also help validate the extent and origins of the damage, as well as the likely expenses to repair the damage. Landlords have to carefully comply with New York rules when reporting the damage to the tenant and retaining part of their security deposit. Landlords who learn more about security deposit rules can improve their chances of covering the costs of unexpected repairs to a unit. Learning about the difference between basic wear and significant damage can help landlords hold destructive tenants responsible for the impact they have on a space.

A lease is an agreement between landlords and tenants. Not only does a lease establish the conditions of a tenant’s use of a property but it can also clarify expectations and responsibilities for both landlords and tenants. If there is a dispute between the landlord and tenant, then a lease may be an important document to resolve the issue. To help ensure a lease is clear, it should include the following details: Names of occupants and landlord The lease should be clear about who the landlord of a property is and who intends to rent the property. The lease may need to clarify how many people are intending to rent the property. Landlords often do this to prevent tenants from renting out a property themselves or allowing unauthorized occupants to overstay their welcome. Length of the lease and renewal options The lease can include how long the tenant can live in a property. Some leases are month-to-month, which are renewed each consecutive month. Other leases may go for a year, which the tenant may renew after the one-year mark. Rent amount, payment date and security deposit The lease should clarify how much the tenant must pay each month. The tenant should also know when they are expected to pay their rent. Many landlords also require tenants to pay a security deposit with clarification that they will return it if the apartment is not damaged during the time of the tenant’s occupancy. Some additional fees may include utilities, parking and pet deposits. Termination and eviction policies An important part of a lease can include what a tenant must do if they wish to terminate their lease and reasons why the landlord may evict the tenant. Termination or eviction is often a topic of dispute. Landlords and tenants can benefit from reaching out for legal guidance to discuss a lease. Legal help is available for landlord and tenant disputes.

As a landlord, you may have experienced issues with a tenant who violated a term in their lease. Sometimes, these disputes are unavoidable, and you can only try your best to resolve the problem amicably. Fortunately, there are some things you can do to avoid preventable disputes. By learning these pointers, you help protect your tenant’s rights and your rights as a landlord. Avoiding disputes with tenants One effective way to reduce issues within your property is to screen tenants thoroughly. Choosing thoughtful and responsible renters may reduce the risk of late payments or noise complaints. As a property owner, you may conduct a background check on candidates who want to rent your place. This process can help you determine whether an individual has a criminal conviction record or credit issues. While thorough screening does not guarantee that everything will be smooth sailing in the future, it may give you peace of mind that you are handing over the keys to a responsible tenant. Additionally, it is crucial to always communicate with your renter. After reaching an agreement, start the relationship by getting their full attention and discussing potential areas of dispute. For example, remind them of the importance of timely payments and maintenance processes for the property. Addressing these issues at the start of the transaction demonstrates your commitment to helping them have a peaceful stay at their new place. One way to do this step is to send a welcome letter that provides an overview of your property and your expectations. Protecting your rights as a landlord Even with these practices, it is crucial to remember that some disputes are inevitable. To protect your rights in the event of a disagreement, you need a solid lease agreement. A detailed agreement will be the basis for resolving any potential issue. This is why it is essential that the renter fully understands what the document says before they sign it.

Pets or companion animals are often a point of contention between those who rent the homes where they live and those who own property that they rent to others. People want to have pets, or they may have grown emotionally attached to the pets that they already have. Landlords may enjoy pets themselves while also recognizing that animals can very easily damage their properties. Chewing, scratching and urinating inside a rental home are all potential sources of property damage. Pets can cause physical damage to the facilities and also make the interior spaces unpleasant for future occupants with odors and allergens that are hard to remove. How can landlords potentially protect themselves against the damage that companion animals could cause? By prohibiting pets Many landlords successfully avoid the frustration and expensive pet damage by simply prohibiting companion animals at their properties. By preventing tenants from moving in with dogs, cats, rabbits, birds or any other pets, landlords can avoid the damage those animals might cause. The risk with this approach is that a landlord may significantly limit their pool of potential tenants and that tenants might try to hide the presence of an animal despite the rules. By requiring a pet deposit and extra rent Given that pets pose a risk of property damage and that they can cause additional wear on facilities, landlords often increase the fees that they charge their tenants to reflect the risk related to allowing animals. Requiring a one-time pet deposit in case of damages is common. Landlords may also sometimes assess an additional monthly fee for the pet. That can help offset the expense generated by the presence of a pet in a unit. By documenting property conditions carefully In theory, landlords can retain some or all of a pet deposit and security deposit if someone’s animal damages a rental unit. In practice, a landlord needs to be able to prove that damage occurred. Having thorough documentation of the condition of the unit before the tenant takes possession and having them also perform an inventory noting the condition of the property can be crucial for a landlord’s protection. Provided that they can show that the pet damaged the floors, scratched up the walls or caused other damage, they can then retain an appropriate amount of the deposit paid by the tenant to cover the cost of repairs. Landlords who are proactive about addressing property damage risk factors can protect the investment that they have made in residential property and minimize conflicts with tenants. Establishing clear rules about pets can be beneficial for landlords offering residential space for rent in New York.

In New York, some apartments are rent-stabilized and others are known as “free market” apartments. With free market apartments, landlords can decide to charge whatever price they want. They can also increase this price if they’d like to do so, and there’s no limit on how much they can increase it. A landlord could theoretically double the rent. If the apartment is considered rent-stabilized, this does not necessarily mean that the rent has been frozen. It can still increase and these apartments can get more expensive. There are simply limits on the percentage of increase based on the length of the lease. What are the limits? If someone signs a two-year lease right now, their landlord could legally raise their rent by 3.2%. If they sign a one-year lease, then the landlord could only raise the rent by 2.75%. For example, someone may be living in an apartment that costs $2,000 a month. If they sign a new lease for the next year, the most their rent could increase to would be $2,055. If they signed a two-year renewal, conversely, then their rent could go up to $2,064. Could this happen unexpectedly? No, whether someone lives in a rent-control apartment or a free-market apartment, a rent increase should not be unexpected. Typically, they should get a notice at least 60 days in advance. If a tenant hasn’t even been in the apartment for a full year, then they need 30 days of notice if their rent is going to go up by more than 5%. Long-standing tenants, such as those who have lived in the same location for more than two years, may require a 90-day notice. Rent increases can lead to disputes between landlords and tenants, so they need to understand the laws and all of their legal options.

As a landlord, you will want to know that your tenants will look after your property well. You may have been happy to rent to a young professional couple. You know they can pay the rent and are beyond the age where parties can get out of hand and leave the place a mess. Yet that might change once you discover they are about to have a baby. As charming as babies and young children can be, they are not the best at looking after things. They may see your freshly painted wall as the ideal place for their latest crayon drawing. Or a dining table as the perfect place to carve patterns with a fork. Can you ask the couple to leave, or tell them you need to raise the rent? You cannot charge someone more just because they have a child Housing laws make clear that you cannot treat tenants or potential tenants differently because of their family situation. So, you cannot up the rent or ask a couple to leave because they have a baby. But what if you made it clear from the outset you did want to rent to families? If you did this, you are lucky to have gotten away with it. A New York court could consider it discrimination and take action against you because of it. You are not even allowed to subtly suggest you do not want kids in your property. If you are unsure about housing laws or about how to recover the cost of the damages a child caused to your property, it’s wise to get legal assistance before doing anything. Inadvertently breaching a law could complicate things further.

Although a rental relationship can be beneficial for both landlords and tenants, there are also risks involved for everyone. Tenants might be at risk of losing their place to live when the property changes ownership or when they experience financial hardship. Landlords accept the risk that their tenants could fail to pay their rent or could do real damage to the property that they own and lease to others. New York rental laws permit landlords to require security deposits to minimize the risk of losses. Those funds paid by the tenant can help landlords recoup unpaid rent or address property damage costs. For example, oftentimes, residential leases include provisions that prohibit smoking inside a unit. Could a New York landlord with a no-smoking rule retain someone’s security deposit over smoke damage inside a rental home or unit? Smoke damage remediation can be very expensive Cigarette smoke leaves a dingy film on walls, carpets and ceilings. It slowly accumulates over time, creating an unsightly coating that is difficult to remove. It can also potentially pose health hazards for the next tenants, especially if a new tenant is medically fragile. Landlords might also struggle to justify charging market-rate rent for a unit with noticeable smoke damage. Therefore, addressing the smoke damage after a tenant moves out is often a top priority. The length of the tenant’s stay at the property, the size of the property and the frequency of the tobacco use could all affect the extent of the smoke damage inside the unit. Smoke remediation can cost anywhere from a few hundred dollars to thousands of dollars in different situations. Landlords who document the smoke damage to the unit can send notice as required by New York state law to tenants about their intention to retain some or all of the security deposit. They might even be able to take a tenant to court if the security deposit is too low to fully cover the cost of addressing the smoke damage to the unit. Maintaining thorough records can be of the utmost importance for landlords who are trying to protect themselves from financial losses due to damaging or lease-violating tenant activity. Those who are familiar with New York’s rules about security deposits may have an easier time using those funds to address damage to a rental unit.