Imagine that you come home from work and you just want to relax after a long day. But when you get home, your apartment door is open and someone is already inside. It’s your landlord, they entered your apartment unannounced. Or, perhaps you got home and thought it looked as if items had been moved around in your apartment. It just wasn’t quite the same as when you left. You asked your landlord, and they later told you that they needed to do some things in your apartment while you were at work, so they went in without informing you. Either way, it feels like an invasion of your privacy. Can your landlord do this? Emergency situations As a general rule, the answer is no. This is your private space and your landlord can’t enter without your permission. They may argue that they technically own the property, and that is true. But you signed the lease, so you have a contractual agreement stating that this is your space – and your expectation of privacy still remains. That said, if there is an emergency, then your landlord may be able to enter without your permission. For example, say that a pipe burst in your apartment and it is flooding the other units below yours. Your landlord may be able to enter your apartment and make emergency repairs, even though they don’t have time to ask your permission. The water damage is getting worse every second, so they have to act quickly. Relationships between landlords and tenants can get complicated, and it’s crucial for all involved to understand the law and their legal options.

Communication is crucial between landlords and tenants. In addition to being intentional about what you communicate with your tenants, you should also pay attention to the communication channel you use. When a tenant moves in, you will provide them with your preferred methods of communication. Below are three methods to consider: Texting Texting can be a great communication channel for quick notes or reminders. You can quickly send text messages regarding maintenance, repair updates, rent due dates and so on. However, a tenant should have consented to communicating with you via text. You should also inform your tenants of matters that can be communicated through text and when you will be responding to texts. Note that it’s easier to lose texts when you change phones or accidentally delete a conversation. That’s why it’s not recommended to handle sensitive matters with tenants via text. Email Email is a reliable platform for conveying crucial matters to a tenant, including lease updates, policy changes and late rent notices. Besides, emails allow you to keep your record and attach documents for tenants. Phone calls You can call your tenants in emergencies. For example, when their house needs emergency maintenance. You can also use phone calls to provide polite reminders or when you have an immediate lease concern. Further, if you had communicated with a tenant on another communication platform and would like to clarify information, perhaps they asked a question or you missed a detail, you can call to address the issue effectively. Phone calls can help you improve your landlord-tenant relationships. The right communication platform depends on the nature of the conversation you want to hold with a tenant. Consider legal guidance to approach this matter from a professional angle.

Not every eviction proceeding that a landlord feels compelled to file against a tenant in New York has to do with the nonpayment of rent. Holdover cases are brought to evict tenants for a variety of reasons – all of which tend to be more complicated than a simple failure to pay. What usually leads to a holdover action? Holdover actions often result from messy disagreements between landlords and tenants – but they can also occur between tenants, too. Some examples of situations that lead to holdover agreements include: Blatant violations of the tenant’s lease, such as having pets that are not permitted, dealing drugs from the property or generally being a nuisance or threat to others A tenant who sublets their property (whether long-term or as a temporary rental through Airbnb) illegally or adds roommates in violation of the lease A tenant has permitted a romantic partner or a friend to share their dwelling and now wants them to leave – but the other party refuses to move out A landlord discovers a squatter on the premises or a tenant simply will not leave even though their lease has ended Before you can proceed with an actual eviction, you need to petition the court for relief. However, you cannot begin this process without providing sufficient notice to the tenant. Depending upon the situation, you may need to provide the tenant with a 10-day “Notice to Cure” and the opportunity to correct the problem, or a 10-day “Notice to Quit” if they are being evicted no matter what. For month-to-month tenants in non-rent stabilized dwellings, you may need to give your tenant more notice, via a 30/60/90 day “Notice of Termination.” Evictions in New York are far more complicated than most people realize, and a misstep in the process can set you back at square one. Seeking experienced legal guidance can help you avoid unnecessary problems and delays.

In New York, landlords have a legal obligation to comply with the Americans with Disabilities Act (ADA) for rental properties. This federal law was designed to protect individuals with disabilities against discrimination. For landlords, this means ensuring that rental properties are accessible to tenants with disabilities. Understanding ADA compliance is crucial for landlords to avoid legal repercussions. Certain aspects of the ADA, including those overlapping with the Fair Housing Act (FHA), are relevant to residential rental properties. Accessibility requirements under the ADA The ADA requires that all “public accommodations,” which can include rental offices and common areas of larger residential buildings, be accessible to individuals with disabilities. This includes ensuring accessible entrances, paths and facilities within these areas. While individual private residences aren’t covered by the ADA, the common areas of larger residential buildings are subject to these rules. Reasonable accommodations in rental properties Landlords must make reasonable accommodations for tenants with disabilities. This can include modifying rules or services to enable the tenant equal opportunity to use and enjoy the dwelling. For example, a landlord might need to allow a service animal despite a no-pet policy or provide a reserved parking space close to the entrance for a tenant with mobility issues. Modifications to rental units Tenants with disabilities may request permission to make modifications to their rental unit at their own expense. Under both the ADA and FHA, landlords must allow these modifications if they are reasonable and necessary. These modifications could include installing grab bars in the bathroom, lowering countertops or adding a ramp for wheelchair access. Failure to comply with ADA and FHA requirements can lead to legal action against a landlord. It’s important for landlords to understand their obligations and to respond promptly and appropriately to requests for accommodations or modifications.

New York landlords often create custom leases to protect their interests as much as possible. They sometimes attempt to include terms in their leases that they cannot actually enforce. For example, some landlords may include clauses in their leases limiting overnight guests or even prohibiting people from having others spend the night at a rental property. Landlords may view this as a way to avoid disruptive social activity like parties or secondary tenants moving into a property and increasing the cost to provide utilities and maintenance to the space. However, those terms could trigger a conflict between a landlord and a tenant and might actually violate existing rules in New York. Tenants have a right to use their rental property Those who pay to rent a living space have the right of quiet enjoyment at that property. Typically, they can use the rental space in any lawful manner that does not overtly violate the lease that they signed. Having guests stay over is one of the basic rights of a property owner or tenant. In New York, those renting a living space usually have the right to host two overnight guests at any given time. They can theoretically allow those guests to stay for up to 30 days without their landlord interfering in their arrangements. Still, there are other rules that limit the tenant’s activity, such as prohibitions against inappropriately using door locks when accommodating temporary guests. If those guests actually stay beyond that 30-day window, then the tenant may need to renegotiate their lease with the landlord to add a new roommate. In general, landlords usually cannot assess an extra fee or evict a tenant simply because they had overnight guests at a property that they pay to rent. But, with that said, tenants also have to be careful to ensure that they properly comply with both the terms of their leases and New York laws when allowing guests to stay at the property, particularly if they charge short-term fees for the accommodations. Understanding the rules that govern overnight guests at rental properties in New York may benefit both tenants wanting to make optimal use of a property and landlords concerned about too many people staying at a rental unit.

In New York, the responsibility for snow removal from walkways associated with rental properties often hinges on the specific terms of both a tenant’s lease agreement and local ordinances. This responsibility can be a point of confusion – and possible contention – for both landlords and tenants, leading to potential safety hazards and legal disputes. Ultimately, it’s important to clarify who bears the burden of snow removal to maintain safe premises, comply with local laws and avoid preventable disputes between landlords and tenants. What does the lease say? A lease agreement is the first place to check who is responsible for snow removal. In many cases, landlords include a clause specifying who must clear snow and ice from walkways, driveways and other common areas. If a lease explicitly states that the landlord is responsible for snow removal, they must comply with this obligation. Conversely, if the lease delegates this responsibility to the tenant, then it’s the tenant’s duty to ensure timely snow and ice removal. What do local laws say? Local laws and ordinances in New York can also dictate snow removal responsibilities. For instance, in New York City, property owners are generally responsible for clearing snow and ice on sidewalks adjacent to their properties within certain time frames after a snowfall unless the terms of a lease explicitly dictate otherwise. Failure to do so can result in fines. Both landlords and tenants need to be aware of these local regulations as they can override stipulations in the lease agreement, should they so choose. Why does it matter? Liability for injuries resulting from improper snow and ice removal is a significant concern. If someone is injured due to uncleared snow or ice, the responsible party could be held liable for damages. This underscores the importance of clearly defining and adhering to snow removal responsibilities.

When you rent a property in New York, knowing your rights as a tenant is essential. One aspect of tenant rights is understanding your landlord’s responsibilities. The best way to know if your landlord is fulfilling these responsibilities is to understand what they are. Providing habitability Habitable living conditions mean that the property should be free from hazards that could affect your health or safety. Landlords must promptly address issues related to heating, plumbing and electrical systems. Repairs and maintenance Property maintenance is your landlord’s responsibility. They must fix structural hazards, repair appliances provided in your rental and keep the premises in good repair. If you notice any problems, report them to your landlord in writing; they are generally required to address them within a reasonable timeframe. Pest control New York City is no stranger to pests like rodents and insects. Landlords are responsible for ensuring that their properties are pest-free at the time of rental. They must also take action to eliminate any infestations during your tenancy. Providing essential services Landlords must provide essential services like heat, hot water and electricity. In New York, specific guidelines dictate the minimum temperature that must be maintained during the heating season. According to this law, the temperature should not be under 68 degrees during the day when it is 55 degrees outside.  The temperature should never drop below 62 degrees at night. Hot water should be available 24/7. Tenants have rights. Part of these rights is ensuring your landlord fulfills their responsibilities. If your landlord is not providing the services mentioned above, you may be able to take legal action. Knowing your rights is the best way to protect them.

Normal wear and tear in a rental unit refers to reasonable, everyday use leading to the gradual deterioration of the space. This happens without any negligence, carelessness or abuse coming from the tenant. This is the type of minor everyday damage that should be expected when someone lives in a space for a significant amount of time. It’s important to differentiate between actual damage that a tenant has caused negligently or intentionally and the normal wear and tear that is bound to take place. Tenants are generally not responsible for normal wear and tear, while they can be held accountable for damages beyond that. A landlord can take money for extensive damages out of a tenant’s security deposit. Why might a conflict occur? Concerns about damage can sometimes lead to conflicts because tenants and landlords disagree about what the tenant is liable for and what actually counts as damage. Examples of normal wear and tear in a rental apartment may include: Faded or worn-out paint or wallpaper due to aging or sunlight exposure. Minor scuff marks on walls or floors from regular use. Lightly worn carpets or flooring, especially when considering in high-traffic areas. Loose door handles from regular opening and closing. Loose or misaligned hinges. Fading or discoloration of fixtures or surfaces over time. Minor wall damage, like small nail or screw holes left after hanging decorations and pictures – if done responsibly. However, damages beyond what is considered normal wear and tear – such as torn wallpaper, shattered windows, major holes in the walls, noticeable stains or burns on the carpet, excessive damage from pets or neglect that results in significant damage – are generally the responsibility of the tenant to repair or cover the cost. When a tenant moves out, landlords typically go through a careful inspection to see if there is any damage or other such issues. This is when the security deposit may be an issue, as it can be used to cover some repair costs – if they go beyond normal wear and tear. As such, it’s advisable for tenants to document the condition of the unit when they move in and when they move out to support any claims regarding the condition of the rental property. If a dispute does occur over a security deposit or other such issues, those involved need to be well aware of their legal options. Seeking legal guidance is a good way to gain this valuable clarity.

The issue of bed bugs in rental properties is a contentious one, often leading to disputes about who should bear the responsibility for costs associated with their eradication. This issue has legal and ethical dimensions, and it varies by jurisdiction and the terms of any particular lease agreement. It’s important to understand that no single answer to this question fits all circumstances. As a result, it’s important for tenants and landlords alike to seek legal guidance if they’re unsure of their specific rights, especially because insurance doesn’t tend to cover these costs on behalf of either party. Considering the issue from “both sides” From the tenant’s perspective, there is a concern that bed bugs can be introduced to a property through various means, such as another tenant’s furniture, through no fault of the infested tenant’s own. Therefore, they may contend that landlords should assume the financial burden of eliminating these pests. Additionally, many tenants believe that landlords should maintain their properties to a standard that prevents infestations, as they are responsible for the overall habitability of the dwelling from which they potentially profit. On the other hand, landlords argue that tenants should take precautions to prevent bed bug infestations. They may claim that it’s the tenant’s responsibility to promptly report an issue to the landlord to prevent the spread of the infestation. Some lease agreements explicitly stipulate that tenants are responsible for the cost of bed bug extermination. Resolving concerns In many cases, a resolution to this issue will depend upon the specifics of local laws and any particular lease agreement. Yet, it’s fair to consider that the responsibility for bed bug costs should be shared to some extent. Tenants should take measures to prevent infestations and report issues promptly, while landlords should maintain their properties to minimize the risk of infestations and respond promptly to tenant reports. Fair and balanced lease agreements, combined with knowledge of local regulations, can help prevent disputes and ensure that the responsibility for bed bug costs is fairly distributed between tenants and landlords.

Tenants in New York and elsewhere adore animals of all shapes and sizes, while landlords often view them with skepticism or hostility. Individual people may benefit from the companionship of animals and the structure that they can provide for daily life, but the animals could very well damage a rental property. Tenants are often keen to secure housing where keeping a pet is an option. There are certain circumstances in which New York landlords will accommodate the animals of their tenants. What situations may allow those who rent a property to keep a pet on the premises? Special terms in a lease Some New York landlords will allow pets, provided that the circumstances meet certain standards. Tenants may need to fill out a separate application for the pet that includes information about their veterinary care records. They may need to pay a deposit or an additional cleaning fee. There might even be a monthly rental charge for the pet in addition to the standard rent. Landlords generally get to set the terms that apply Service animals For decades, federal law has allowed individuals to utilize dogs and miniature horses as service animals. Landlords have an obligation to accommodate somebody if they require a service animal to perform medical functions for them. Federal law treats such animals, when properly trained, as a reasonable accommodation for someone with a disabling medical condition. Emotional support animals Emotional support animals almost blur the line between household pets and service animals. They often have no training whatsoever but may serve an important purpose by helping an owner regulate their emotions. In theory, emotional support animals also provide a necessary service to those with disabling medical conditions, and therefore New York considers them a reasonable accommodation. Only in cases where allowing them would cause undue hardship can landlords limit their presence. Landlords concerned about service animals and emotional support animals may need to tread carefully to avoid violating the rights of their tenants. Understanding when tenants may lawfully have animals present in rental units may help landlords or tenants more effectively navigate a dispute about whether someone can have an animal and what, if any, fees may apply.

Owning a rental property comes with its share of upsides and downsides, and most are centered around people. One of the downsides to being a landlord is that you are never in full control of what your tenant does on a day-to-day basis. No landlord foresees their tenant going to jail at some point. Unfortunately, if your tenant ends up on the wrong side of the law, they might end up in jail. But can this justify a termination of the lease agreement? Dealing with a tenant’s incarceration As a landlord, you want to avoid troublesome tenants by all means. And this is where a good tenant screening comes in. However, even with adequate measures in place, you might still find yourself in this situation. If this happens, here are a couple of steps you need to take: Establish that the tenant is actually in jail First things first – be positive that your tenant is actually serving jail time. You may establish this by getting in touch with their family or contacts listed in the lease contract and confirming your findings with the court records. Reach out to the tenant Once it is clear that your tenant is incarcerated, you need to hear their full story. Your communication with them will determine your next course of action. Some of the things you want to establish at this stage include the circumstances surrounding their incarceration, the duration of the incarceration, whether they will continue paying rent and whether co-tenants (if any) will continue with the lease. Once you have established the tenant’s situation, you may proceed as follows: Continue the lease as-is End the lease on grounds of non-payment of rent End the lease on grounds of abandonment If your tenant is incarcerated, however, it’s not unusual to wonder what to do. Understanding your legal options can help you safeguard your rights and interests while dealing with tenant incarceration.

If you’re a landlord, you know that maintaining a harmonious relationship with your tenants is crucial to the success of your rental property business. Disputes with tenants can be costly and time-consuming, not to mention damaging to your reputation. Below are four effective strategies savvy landlords can implement to help avoid disputes with their tenants altogether. Rigorous tenant screening The foundation of a dispute-free landlord-tenant relationship begins with the tenant selection process. It’s essential to thoroughly screen potential tenants to help ensure they fit your property well. You can utilize comprehensive background checks to evaluate a tenant’s rental history, credit score and criminal background. Look for any red flags that might indicate a potential issue down the road. You can also schedule face-to-face interviews with prospective tenants. This will give you an opportunity to gauge their personality, communication skills and overall compatibility with your property’s rules and regulations. Don’t forget to contact previous landlords and personal references provided by the tenant. Ask about their rental history, reliability and any past disputes they might have had. Clear and comprehensive lease agreements A well-drafted lease agreement is your best defense against disputes. Make your lease agreements clear, comprehensive, and legally sound. You can achieve this by clearly outlining the responsibilities of both the landlord and the tenant. Include details about rent payments, maintenance duties and any specific rules or regulations for the property. If you have specific policies regarding pets, be sure to include them in the lease agreement as well. Specify any restrictions, pet deposits or additional fees associated with pet ownership. By implementing these strategies, landlords can significantly reduce the likelihood of tenant disputes. However, if disputes arise, don’t hesitate to enlist the necessary legal counsel and tackle them swiftly.