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.

You own a rental property, and you worry about illegal activity. Maybe there have been some breaking and entering incidents in the area. You don’t want it to happen at your property. Both to deter thieves and to make sure you have evidence if it does happen, you decide to put up security cameras. Can you do that? Someone else lives there. Would having cameras on the property be an invasion of their privacy? You may own the property, but they still have a right to privacy while legally living in your building. Exterior security Typically, yes, you can put up exterior cameras and security devices. A camera near the front door that looks out at the street, such as a doorbell camera, can give you the security and peace of mind you’re after. The tenant does not have any reason to expect privacy at the front door, while still visible from the street, so it’s not a problem. If you own an apartment building with multiple units, you may also be able to put up cameras in the common areas. For instance, maybe there are exterior stairways or even interior hallways with doors going off into various apartments. Again, these are not places that people think of as private, and they are areas where illegal activity may begin, so cameras are not a problem. No inside cameras That said, be very careful that you never put up any cameras inside the building itself. This has happened in long-term rentals and short-term rentals in New York and led to lawsuits and arrests. You cannot do it. It is a violation of the tenant’s privacy. They have a reasonable expectation of privacy within the space they have rented, just as they would in a home they owned, and you cannot violate that. While this may seem obvious, mistakes happen. Maybe you’re worried about someone breaking in through a window, not the door, so you position a camera in the main living area, facing at the window. You don’t mean to record anything other than a break-in, but you still cannot do it. That is the tenant’s area to use as they see fit and they should have privacy in all parts of the home — not just bedrooms and bathrooms. Resolving disputes Camera use, even when you follow the law, can lead to disputes. Maybe a tenant complains that they don’t like the doorbell camera keeping tabs on when they come and go. Maybe they complain that an exterior camera can see in through a window. When these issues arise, with so much at stake and when dealing with such a sensitive topic, you need to know what legal options you have.

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.

Many Queens landlords require their tenants to place a security deposit on their apartment before allowing them to move in. Property owners often have their renters pay a security deposit in order to cover their costs if a tenant doesn’t comply with their lease. If they don’t, then a landlord may not have to return a tenant’s security deposit. Let’s look at some examples. Your rental agreement should detail what constitutes a timely rent payment. If your tenant stops paying on time, then they may be in breach of their contract. You, as the landlord, may be able to keep their deposit and apply it to their outstanding rent. Most tenants have to do a walkthrough of a unit and sign off on the condition before being allowed to rent it. If your tenant leaves your property in a different condition than you handled it over to them, then you may be able to withhold their security deposit to use for cleaning or repair expenses. Landlords tend to have their tenants sign leases so that they can better anticipate when to advertise and how to budget their money. You, as a landlord, may choose to withhold a tenant’s security deposit simply for moving earlier than you expected. Another reason why you may want to hold on to your tenant’s security deposit is if they have any lingering fees that they’ve failed to pay. Landlords often do this if there are metered utility costs that a tenant neglects to cover. Landlord-tenant issues often start as small, easily resolvable concerns that seem to quickly spiral out-of-control. It’s when the New York court system gets involved that things can get quite costly. If you have a problem renter, then you should get a landlord-tenant disputes attorney involved right away. This will help you stay on the right side of the law and protect your rights.

The change in New York state law last year that limited how much landlords could raise the rent in properties that are rent-regulated were welcomed by tenants throughout New York City and around the state. The new law has had some other impacts. There’s already been a significant increase in lawsuits by tenants alleging that landlords overcharged them for rent. One attorney, whose firm has seen a 30% rise in such claims, says the increase is in part because these claims can now go back six years instead of four. This puts many landlords at a disadvantage because they may not still have the records indicating improvements they made to a property five or six years ago or added expenses from that far back that warranted a rent increase. The attorney notes that these claims are often made by tenants who are facing eviction for nonpayment of rent. This concern by landlords of tenants filing these claims has made some landlords hesitant about taking tenants to court who are just a couple of months behind on their rent. According to the Wall Street Journal, the number of these filings has been cut almost in half since late 2018. Landlords are now more likely, according to the attorney, to settle nonpayment disputes with tenants with the Division of Housing and Community Renewal (DHCR) than in court. This is less expensive. Further, the people handling the disputes are more familiar with rent laws than most judges are. Another attorney notes that if a landlord-tenant dispute is heard by the DHCR, there are other advantages. For example, a ruling by the agency is less likely to be overturned than a court ruling. Of course, each case is different. However, it’s worth considering at what point it’s worthwhile to take action against a nonpaying tenant. As one of the attorneys notes, “Landlords were taking tenants to court for one or two months of nonpayment of rent that they had paid but the landlord’s books were messed up/ So someone had to miss work for one or two months of nonpayment, something that gets settled in the hallway.” If you have an issue with a tenant who’s not paying their rent, it’s wise to consult with an experienced attorney. They can go over your options and provide guidance to help you determine the best course of action.

You want to check on your property, but you have tenants in place. You don’t want to violate the law, but you have a feeling that there are problems in the home that you haven’t been told about. Neighbors have complained about noise, parties and damage to the home, so you want to check things out as soon as possible. As a landlord, you need to be sure of the law. Your tenants do deserve privacy in their unit, but at the same time, you also have a right to enter with reasonable notice. When can you enter your property if a tenant lives there? Usually, you can enter the property if there are health or safety concerns, if you’ve had access granted to you by a court order, if you’ve sold or rented out the property and gave notice for a showing, or if the property needs maintenance. It’s normal to enter the tenant’s apartment or home if you are performing a move-out inspection or planned walk through. Most of the time, you’ll need to give advanced notice. Your lease may dictate exactly how long you have to give your tenant before you enter. Most landlords give at least 24 hours. If your tenant requests maintenance, then that may be the approval for entry that you need. Include that in your lease if you’d like to be able to enter after a maintenance request is made. When can a landlord enter the premises for the purposes of issuing an eviction or ejection notice? If you need to enter the property to evict your tenant, then you can enter if you are with a law-enforcement agent who has a service of process order for the eviction. In any situation, it’s not legal to harass your tenant. If you want to enter the property, always reach out to your tenant and ask about the possibility of entering. Generally, you’ll need to give 24 to 48 hours before you enter, but your lease and the law dictates what you can or cannot do. If your tenant gives you approval to enter, then you can enter right away or at the time they agree to within that period of time. Can you enter in an emergency? In an emergency, you can enter a tenant’s unit at almost any time. For example, if there is a fire, flood or gas leak, you may enter immediately. If you have questions about when you can or cannot enter a tenant’s property, your attorney can give you more advice.

If you’re the landlord of a newer apartment building, your tenants may use any one or more of “smart access systems” to lock and unlock their doors. Personalized key fobs, smartphone apps and biometric identifiers (like facial recognition technology and eye scans) are becoming more common. While these new technologies increase convenience for tenants and landlords alike, some people have raised concerns over how much personal data these new technologies can give landlords about their tenants. Moreover, how can landlords use (or misuse) that data? New York legislators have proposed legislation that would prevent landlords from using the data to monitor, harass or evict tenants. New York City Councilmember Mark Levine, the author of one bill, said, “We need to have strong regulations in place to protect tenants from the misuse of this data by their landlords.” His bill would also limit the data collected via these technologies to a tenant’s name, contact information and apartment number. Among other things, it would also prohibit landlords from selling any data they collect to third parties. Another bill, proposed by Councilmember Brad Lander, would prohibit landlords from requiring tenants to use these smart technologies instead of old-fashioned keys. One New York politician is taking similar action on a federal level. Brooklyn Congresswoman Yvette Clarke introduced legislation that would ban the use of facial recognition and other biometric technology housing that’s federally funded. She proposed the bill after people in her district complained about its use in their public housing complex. Even though these proposals haven’t yet been passed, it’s wise for landlords to keep the privacy rights of their tenants in mind if they have personal data collected by keyless entry systems. If you have questions or concerns or if your tenants have raised the issue with you, it may be wise to talk with an attorney. They can help you take steps to avoid legal problems.

One of the biggest annoyances of living in apartments and other multifamily dwellings in New York City (and anywhere) is the noise from neighbors and their visitors. Whether it’s the people living above or below or those in the hallways and outdoor common areas, excessive noise can drive residents crazy. The most common noise complaints are: Loud TVs and music Heavy footsteps, furniture moving and other sounds on the floor in the unit above Parties and other gatherings Children crying or screaming People shouting at one another When these noises occur late at night, they can interfere with people’s ability to sleep, seriously impact their quality of life and possibly be detrimental to their health. When talking to the neighbors (or others creating the noise) doesn’t work, residents often turn to landlords to resolve the problem. Landlords have an obligation to do what they can about noisy, disruptive tenants. If a tenant brings a noise issue to your attention, you should get the details. Find out when and how often it’s occurring. Determine what, if anything, the tenant has done. Did they try to talk to their neighbor? Do they have recordings of the noise? Next, you need to notify the allegedly disruptive tenant of the problem. Maybe they had no idea they were disturbing anyone. Remind them of any noise or nuisance clauses in their lease or rental agreement, such as after-hours rules about noise. If it was a one-time event, such as a party, a visit from family with young children or a delivery of new furniture, the problem should be solved. If, as is often the case, it’s an ongoing problem, you may need to take action as allowed by your agreement and local ordinances. This may include fines or a “cure or quit notice.” In an extreme case where a tenant is persistently disturbing multiple tenants and refusing to stop their behavior, eviction may be a consideration. It’s wise to have clear, concise rules about noise in your agreements along with details about disciplinary action that will be taken if tenants violate those rules. An experienced attorney can help you with that. They can also help you if you need to take serious disciplinary action against a tenant to help ensure that you remain compliant with the law.

Many of the landmark rent laws that took effect this summer in New York were aimed at adding protections for renters. They address things like evictions, notices of rent hikes, security deposits, rent caps and application fees. The changes, which were fought by the real estate industry and trade groups that represent property managers and landlords, are viewed as a power shift from landlords to tenants — one that can be seen in other states from coast to coast. Those who opposed the new measures argued that, among other things, they would make it more difficult for landlords to evict nonpaying or otherwise problematic tenants. Many landlords may not be familiar with the changes in the laws until they seek to make changes that are addressed in them. If you want to evict a tenant, it’s essential to know what their legal rights are. For example, a judge can stay an eviction for as long as a year if the tenant can’t find a similar home in the area after making a reasonable effort to do so. They may consider whether the eviction would impact a tenant’s health, their children’s schooling or other significant areas of their life. Landlords can’t use force to evict someone or lock them out of their home illegally. If they do, they could be charged with a misdemeanor and face up to a $10,000 fine for each incident. An official with the National Apartment Association notes that these protections for evicted tenants make it difficult for landlords to remove residents whose behavior is negatively impacting their neighbors. Further, allowing a stay of up to a year on the eviction of someone for nonpayment of rent can be financially damaging for landlords. If you need to evict a tenant, it’s essential to understand both their rights and yours. An experienced attorney can provide valuable guidance that will help keep you from violating the law while seeking to do what’s in your — and your other tenants’ — best interests.

Investing in rental property is an effective way of building a solid income or padding an existing nest egg. Everyone needs a place to live, after all. However, without proper preparation, novice landlords may begin to experience costly landlord-tenant disputes. Such disputes can quickly deplete your savings and also make you regret your decision to become a landlord in New York. In some cases, landlord-tenant disputes may occur despite your best efforts. However, armed with a proactive approach, you can head off many disputes before they even occur. The following tips for new landlords can improve the way you manage your rental properties while also helping you avoid potential disputes. Be firm about collecting rent When you allow your tenants to fall behind on their rent, you could experience financial hardships. Make sure to be firm about the rent you are due as well as any late fees your tenants owe. It can also help you avoid legal disputes over late or absent rent payments. Conduct proper tenant screening Making sure that your tenants are responsible is always a good idea. However, you must also do your best to ensure that the tenants you choose can make their payments. Consider performing credit checks to accomplish this goal, which can also reduce the risk of a landlord-tenant dispute over nonpayment. Learn the law One of the biggest mistakes that lead to landlord-tenant disputes is failing to learn and understand the nation’s fair housing laws. To avoid an unintentional violation of tenant rights, familiarize yourself with these and other rental laws. Finally, you may want to consider the possibility of working side-by-side with a lawyer experienced in landlord-tenant matters. This single step helps you avoid landlord-tenant disputes and also ensures that you do not make other mistakes that could upset your new role as a landlord.