As with many other places, landlords must provide tenants with habitable living conditions in New York. This is a principle legally referred to as the “warranty of habitability.” It implies they must make necessary repairs and regularly maintain the premises safe and livable. While specifics may vary based on the lease agreement, certain repairs are generally the landlord’s responsibility. Major structural repairs and safety hazards Landlords in New York are legally responsible for maintaining the structure of the building and ensuring it remains safe and free from health hazards. This includes addressing major structural issues like leaks in the roof or problems with the foundation. Landlords are also obligated to take care of pest infestations, including roaches, rats or bed bugs. Essential utilities and services Landlords are required to ensure that essential services are available and functioning properly. This includes providing hot and cold water, heat during the colder months and ensuring that the electrical and plumbing systems are in working order. Hazardous conditions New York landlords are responsible for repairing any conditions that pose a risk to safety. For instance, if a staircase in the building becomes unstable or a lock on the apartment’s main door is broken, it would be the landlord’s responsibility to promptly make these repairs. Also, in accordance with local laws and building codes, landlords must ensure that each apartment has properly installed and maintained smoke detectors. Landlords usually take pride in the condition of their rentals. Tenants who encounter one who refuses to make repairs may find that legal action is necessary. Working with someone who knows this state’s landlord-tenant laws is beneficial in these cases.

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.

Those renting in Queens or elsewhere in New York City pay a premium for relatively small spaces. Many of them, therefore, take excellent care of the places they call home, but not everyone makes safety and cleanliness a top priority. Tenants have a major impact on the condition of a unit, and it is reasonable for landlords to expect that tenants will remove trash and otherwise keep the space sanity. Still, landlords also have certain maintenance and upkeep obligations that they should fulfill. There can be tension when pests turn up at a rental unit. Landlords might blame the occupants, while the occupants just want the landlord to fix the problem. Who technically has responsibility for cockroaches or other pests that infest a rental unit in New York City? Landlords are responsible for pest remediation Although one could easily raise a claim that the conduct of tenants can directly cause a pest infestation, it is usually the landlord’s responsibility to address tests if they become a problem at a rental unit. Tenants have to provide proper notice to the landlord about the issue and may even need to arrange some place to stay during the treatment process. Landlords should address issues with pests quickly so that they don’t get worse or endanger the health of any of the occupants. Disagreements about pests like cockroaches at a rental unit could lead to litigation or claims against security deposits in some cases. Understanding who is responsible for different forms of maintenance will benefit both landlords and the tenants occupying their rental properties.

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.

Conflicts can sometimes occur between tenants. If they do it is important for landlords to realize that they cannot just evict someone, as the law gives tenants a lot of protection. Here is how you can handle a problematic tenant: Have rules The easiest way to avoid tenant conflicts is to prevent them before they happen. Thus, it’s crucial to have rules on what is allowed or prohibited regarding shared spaces, music/parties, smoking, pets and so on. When someone moves in, they should have a copy of these rules. Nonetheless, some complaints may still arise despite rules being in place. Listen to the complaint When you receive a report of a dispute, you should meet with involved parties and listen to their concerns. This helps you obtain more information to determine the best way to solve the situation. During this meeting, you should ask questions and be sympathetic throughout. They should know their complaint is valid and you take it seriously. If you have a policy for handling such complaints in your rental agreement, this is the time to apply it. Keep a written record You should write notes from the meeting to document the case. In addition to the cause of the conflict, your report should include: The date of the complaint Involved parties (their names and house numbers) The resolution The date of the resolution. If one of the parties is involved in future disputes, these records might help you to evict them. If one of your tenants is being disruptive you may need help to understand your legal options.

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.

Landlords and tenants will sometimes find themselves in disputes over who has to pay for repairs to a space. This can happen to both residential and commercial tenants. The landlord may contest that the tenant damaged the space and should have to repair it, while the tenant will claim that the landlord is responsible for those costs. Oftentimes, what the tenant will say is that the damage to the property is just normal wear and tear. But what does this actually mean? Expected deterioration The problem with “normal wear and tear “is that it generally just refers to the expected deterioration in a space. Anywhere that people live or work, that space is going to be damaged in minor ways. Carpet will wear down with foot traffic, for instance. A baseboard may get scuffs and scratches. Floorboards may become loose over time. These are all relatively unavoidable issues that would happen to anyone. On the other hand, unexpected property damage goes beyond what you would anticipate from someone simply living in the space. They have done something – perhaps on accident or by being negligent – to cause an excessive amount of damage. Scratches on a windowsill may count as normal wear and tear, for instance, but a broken window probably will not. With that said, even this doesn’t define the concept in a way that is always satisfactory. What type of damage should someone realistically expect? Are these expectations ever defined by either the landlord or the tenant? It may be important to consider exactly how the damage occurred to determine who was responsible. Was the tenant acting in a negligent manner at the time, or were they simply living their life when the damage happened for reasons largely outside of their control? Working through this process Needless to say, landlords and tenants are not always going to agree on who caused damage or who is responsible for the costs. A significant dispute can arise, especially if the damage is extensive and will be very costly to fix. In a situation like this, it’s important for all involved to know exactly what legal options they have and to seek legal guidance whenever necessary.

When dealing with a loud tenant, it is important for a landlord to take appropriate action to address the issue promptly and effectively. Whether you have noticed the noise yourself or you have been notified of a problem via a noise complaint, there are certain considerations you’ll want to make as you move forward. Initial communication The first step is to communicate with the tenant and make them aware of the noise issue. Contact the tenant, ideally in writing for record-keeping purposes, explaining the complaints received from other tenants or neighbors regarding the noise. Clearly state the specific noise-related violations or disturbances that have occurred, and emphasize the importance of maintaining a peaceful and quiet living environment for everyone. During this communication, it is important to remain calm and respectful. Give the tenant an opportunity to explain or rectify the situation. Sometimes, tenants may not be aware that their behavior is causing a disturbance, and a polite conversation can help resolve the issue amicably. If the issue persists after the initial warning, you can escalate the response to the next step. Taking legal action If the initial warning and communication fail to resolve the noise issue, you may need to take legal action. Depending on the local laws and regulations, you may need to issue a formal written notice, such as a “Notice to Cure or Quit” or a “Notice to Cease and Desist.” This notice typically specifies the noise violations, sets a deadline for compliance and warns of potential consequences if the noise problem persists. If the tenant continues to be disruptive and fails to comply with the notice, you may need to pursue eviction proceedings. It is wise to follow the proper legal procedures and seek legal guidance, as compliance violations can compromise the strength of your position and violate a tenant’s rights.

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.

Tenants have to follow their lease agreements when living in apartments. Many lease agreements have very basic and universal terms. But, some landlords may be particular and include unique terms in a lease. To ensure that a lease agreement is being followed, it may be best to review the terms. Here are a few ways a lease may be violated: 1. Unauthorized pets Most lease agreements have some kind of terms regarding pets. Some lease agreements plainly state that pets are prohibited in apartments. While other leases may have one or two small pets with one-time and monthly pet fees. Tenants may violate their lease by allowing an unauthorized pet into their apartment. 2. Indoor smoking Smoking has been known to damage homes. People who smoke indoors may discolor walls and leave a lingering smell, which can be unattractive to new tenants and disturb other tenants in the building. One way landlords can try and prevent this is by having a no-smoking term in the lease. Tenants who are caught smoking indoors may violate their lease. 3. Noise violations People have jobs and school and don’t want to lose sleep because a tenant is making noise all night. Many tenant agreements include hours where tenants must lower their volume so that others aren’t disturbed. If it becomes a constant issue, then there may be a lease violation. 4. Long-term guests Many landlords rent apartments based on the size of the building and how many people are staying in a room. As such, tenants who have other people living with them that weren’t authorized may be in violation of their lease agreement. 5. Property damage Tenants should be aware that, while they live in an apartment, they don’t have the right to destroy the property. Tenants may cause damage to an apartment that costs the landlord repair bills. If property damage is extreme or continues to happen, then the landlord may believe that a tenant has violated their lease. If a tenant violates their lease, then there could be legal battles. You may need to reach out for legal help to ensure you have a favorable outcome.

While most landlord-tenant arrangements work well, without any major issues on either end, sometimes problems can occur. Understanding the likely causes of problems allows both parties to act to reduce the chance it happens to them. Here are two to consider: 1. People are unclear about their expectations You probably shouldn’t tell everyone what you’re thinking all the time. Yet, when it comes to a contract, it is best to make your thoughts clear to the other party before you commit. Maybe you’re a prospective tenant with a strong wish to grow vegetables in a backyard garden, for example. Bringing it up before you sign the lease is best. If you find your landlord is opposed to you digging in the yard, you may be better off looking for somewhere else. It is better to discover that now than to take the place without mentioning it to the landlord and then have to remove your boxes because the landlord does not like them. 2. Landlords make unfair exceptions to the rules When you took the property, the landlord made it perfectly clear that they do not allow pets. Sometime later, you notice that one resident has bought a cute puppy for their child. You know the landlord knows about it because the child took the puppy to show them. When you investigate, you discover that the child is the landlord’s godchild. You’d be right in feeling that does not make it OK when your contract prevents you from having one. A successful lease requires the commitment of both parties. If you fear the other side is failing to meet its obligations, consider legal help to examine your options.