When you sign a lease agreement, you hope both parties will live up to their end of the bargain through the lease period. Landlord-tenant disputes are not uncommon, however. And when these disputes amount to a breach of the lease agreement, you may pursue the liable party for damages. If you are considering taking legal action for breach of the lease agreement, it is important to understand that time is of the essence. New York, like other states, has a time period within which you must bring your civil claim. This is known as the statute of limitations. Understanding the statute of limitations Basically, the statute of limitations is the deadline within which you must file a lawsuit. Each type of case has its own statute of limitations. Thus, with a few exceptions, a seemingly genuine claim can be thrown out if you file after the expiry of the statute of limitations period. So how much time do you have to bring a landlord-tenant dispute before a court of law in New York? Most landlord-tenant disputes happen when one party breaches the lease contract. Per New York law, you can usually sue the breaching party within six years from the date they breached the lease agreement. Unlike other states, New York is not bound by the discovery rule. Thus, your case will likely be struck out if you argue your case on this premise. Asserting your rights following a breach of the lease agreement The key to moving forward with a breach of lease lawsuit is to begin by establishing if it falls within the statute of limitations period. Keep in mind that no two breaches are the same. Understanding how New York landlord-tenant laws work can help you safeguard your rights and interests when pursuing the breaching party for damages.

As a landlord, you have rented out an apartment to someone whom you believed was a single individual. They lived there on their own for months. But now things are changing, and they want to have their partner move in. They’re not married, but they are a couple in a defined romantic relationship. In many cases, a tenant will allow their partner to move in without even considering what steps need to be taken. This could be concerning to you as a landlord because someone who is not on the lease may now be living in your space. Is this kind of informal occupancy adjustment advisable? What does the lease say? One thing to consider is the category that this person falls into. For example, with guests who are only staying for a few days, there’s usually no need to adjust the lease. But if this person is going to be an occupant who lives in the space long-term – essentially a sublease – then it might be best to have them on the lease. Occupants can include children, parents or romantic partners. If the lease requires your tenant to notify you of an occupancy adjustment, hold them to that. If it doesn’t, request that they add them for the additional tenant’s legal protections and interests as well as your own. You can make exceptions That being said, it is up to you as a landlord how you want to handle this. Do you want that new person to officially sign the lease so that they have a legal obligation to pay rent every month? Or are you willing to allow your tenant to simply have their partner live with them for as long as they want? After all, that relationship could end, and the tenant is theoretically paying the lease themselves anyway. It may not be a problem to allow this other individual to live there, as it is different than just having a random subleaser in the space. Overall, though, it’s best to talk with your tenant about the stipulations in the lease and to ensure that all of the proper legal steps are taken. For landlords, the safest option is often to adjust the lease so that it acknowledges everyone who may be living in the space long-term. Even if this is not necessary, it’s worth considering.

Evicting a tenant can be complicated. In addition to being protected by New York State rent laws, the courts have sole jurisdiction in the final decision. However, with a valid reason, including not paying rent, a landlord may have grounds to evict a tenant. But you will observe certain procedures before initiating an eviction. First, you need to send your tenant a notice by certified mail informing them their rent is outstanding when it’s at least five days past the due date. After that, you will need to send a written rent demand that warns them to pay rent. This is the 14-day notice to pay rent or quit the premises. Here is what to include in the notice: General information Your notice should include your name, the property’s address, current date, the tenant’s name and house number. It may be best to inform the tenant that this is not an eviction notice at the beginning of the letter to avoid misunderstandings. The violation You will then state the violation in your letter (failure to pay rent) and the clause they have breached on the rental agreement. List the months and amounts the tenant owes you. Remedy options Inform the tenant that they should pay the rent in full in 14 days or move out of the rental unit. And if they don’t, you may file an eviction lawsuit. Who to contact The last paragraph of your letter should inform the tenant who they can contact if they have questions. A 14-day notice to pay rent or quit differs from a notice of eviction – it warns the tenant to pay rent. It will be best to get legal guidance when writing this notice to protect your rights.

When you rent a place to live, you want to feel safe. At the same time, you also want to feel free to go about your life without others seeing everything that you do. Thus, if a landlord puts up cameras, you might question if they are justified and if they’re even legal. Landlords want to protect their premises and their tenants, so some cameras make sense. Not only can cameras act as a deterrent to potential thieves or aggressors, but they can help capture evidence if someone does break into a property and steal things or attacks someone. Is the area public or private? Tenants are entitled to privacy within their apartment or house, so a landlord should not put cameras inside them. Landlords can, however, place cameras in public areas. Most tenants are so used to having cameras in public places that they are unlikely to be bothered by them and will probably appreciate the security they provide. Here are some questions to consider. Is it capturing anything it shouldn’t? A camera installed in a public area that is capturing someone inside their home is not OK. Cameras in elevators with a microphone that records private conversations are also prohibited. It’s as much about what the camera records as it is about where it is situated. Are the tenants aware of the presence? To prevent problems, it’s best if landlords make tenants aware of where the cameras are by indicating it in the rental agreement. Hidden cameras could lead to problems. Well-written lease agreements help both parties to understand their rights. It’s wise to have legal guidance when you create or modify a lease agreement. This can help you avoid potentially costly issues in the future.

Once the dangers of tobacco became well known, researchers and safety experts began warning the public of not only the direct consumption of tobacco products but also secondhand exposure. Those in close proximity to others ingesting tobacco products can end up developing many of the same medical issues that plague regular smokers. Thirdhand smoke is not as well known. It involves the residual smoke that develops on surfaces where people consume tobacco. Can landlords penalize tenants for the effects of thirdhand smoke on a unit if the tenant never consumed tobacco on the premises? Severe thirdhand smoke exposure could cause damage How long someone stays in a unit and how frequently they consume tobacco products can have a major impact on how much thirdhand smoke they create in a unit. In theory, landlords can potentially file a claim against a tenant if thirdhand smoke damages the unit during their tenancy. Landlords in New York and elsewhere often impose restrictions on smoking in their units because tobacco smoke can stain surfaces throughout a unit and possibly to health concerns, especially among those with respiratory issues. There are chemical tests that can determine if the residue on dwelling unit surfaces is from tobacco products. If there is enough thirdhand smoke to trigger a positive response on those tests, landlords could potentially retain part or all of someone’s security deposit or even take them to court in an attempt to remediate the damage caused by the thirdhand tobacco smoke. Recognizing how smoking could damage a rental unit can help landlords and tenants avoid or better navigate conflicts about personal habits.

Pets can benefit individuals and families alike. They can provide companionship, entertainment, protection and specific kinds of support. As a result, it can be difficult for renters when they learn that they are not permitted the freedom to own pets in the same ways that homeowners are. As a result, some renters may attempt to skirt a landlord’s restrictions on pet ownership. At other times, renters may push back against a landlord who attempts to keep a renter from owning a pet. They may even allege that they are being unlawfully discriminated against. The validity of such claims is contextual. Some pet ownership restrictions are permitted by law, while others are not. Why legal guidance can be helpful All landlords in the U.S. are required to abide by the terms of the 1968 Fair Housing Act. This federal law gives renters the freedom to seek accommodations without fear of being discriminated against due to a number of protected classifications, including race, religion and disability. Therefore, if an individual who has a disability needs to live alongside a service animal, a landlord cannot lawfully restrict such ownership. Additionally, many states have also expended legal protections for so-called “comfort” animals. There is no universally-accepted sense of what a comfort animal is, so states employ their own definitions and restrictions with regard to this concept. As a result, it can be helpful for landlords to seek legal guidance before making determinations concerning pet ownership. Without clear guidance, a landlord could potentially find that they are unintentionally violating state law by denying a resident permission to own a pet.

Whether you are a landlord or a potential tenant, you must ensure your lease agreement is adequate before signing it. It’s far simpler to make adjustments or walk away now than to deal with problems arising from an inadequate or misunderstood agreement. Here are some things to consider: Make expiration, alteration and notice options clear Landlords need to know when to look for a new tenant, and tenants need to know when to look for a new place to rent. Setting a precise expiration date enables this. If the arrangement works well, you might both be happy to extend it, yet a landlord may consider that impossible at the current rates. Setting out allowable percentage increases beforehand gives both parties security and allows them to plan. Situations can change. A landlord may want to sell up due to ill health, or a tenant may get a job offer in a different city. Clarifying notice periods can help you to end the arrangement in a way that is fair to both of you. Lay out all expectations and costs Properties have costs, and you need to clarify who is responsible for each of them. Doing so now reduces the chances of disputes later. Do not be tempted to leave anything as a gray area. You also need to clearly define what constitutes an overdue payment and what that means for the tenant, including extra charges, grace periods (or the lack thereof) and whether payment must be in a specific form. Landlords also have the right to expect certain behaviors of their tenants and vice-versa.  The clearer you make these from the outset, the better your chance of knowing whether the arrangement will work. Putting them into the contract also allows you to hold the other party responsible when they fail to keep to their side of the bargain. Your contract must also comply with New York City housing laws. It’s a complex area, so you should consider legal help to find out more.

As a landlord, it can be very frustrating when you rent a property you own, and your tenant does not pay their rent or is late paying their rent. It can be a delicate situation, especially if you like your tenant and know they care about your property and keep it neat and in good shape. You have several options if your tenant is not paying rent: Discuss the issue with them. Ask them if they are having trouble financially and why they are not paying rent. Suggest ways to get up to date on their rent payments, such as family members or government programs. If the non-payment is because the tenant has a problem with you or the property, they can pay. Still, they will not because of the issue. You can suggest mediation. Mediation is a highly effective form of alternative dispute resolution, and it is often used for landlord/tenant cases. If your tenant is completely unresponsive and not cooperating, the only legal way to evict a tenant who is not paying is through a non-payment eviction process, which takes place in Housing court, a special court for these types of cases. Non-payment evictions If you decide to go to court to evict your non-paying tenant, you must first notify the tenant that the rent is late and what the balance is. You must also let them know that you will evict them if rent is not paid. It would help if you did all of this in writing to keep a record of when and what you said to your tenant. Three days after you give written or oral notice and demand that your tenant pays rent, you can file a non-payment proceeding in Housing court if they still have not paid. After this, you will serve the tenant with papers, and they will have to answer the petition in court. On their court date, the tenant will have an opportunity to explain their case before the judge. Before directing a city marshal to evict the tenant, the landlord must obtain a possession judgment. The tenant may have a defense, but if their defense is unsuccessful, you can evict your tenant legally.