Landlords often have restrictive clauses in their leases limiting what their tenants can do at a property. Frequently, prohibitions on smoking in the unit are part of the lease. Landlords will tell current and prospective tenants that they cannot smoke cigarettes, pipes or cigars in the unit. Unfortunately, with cold New York weather, always going outside to smoke may seem like a hardship for those quite dependent on nicotine. They may use inclement weather as a mental excuse for knowingly violating the lease and smoking inside. Others may think that they have a system that will prevent the landlord from knowing they smoke inside, such as only smoking in the bathroom with the vent fan running. Can a landlord keep the security deposit of a tenant who smokes inside a unit during their lease? Tobacco smoke can cause expensive property damage Tobacco smoke is problematic for multiple reasons, with one of the biggest being how it makes an apartment look dirty. Walls, ceilings and even light fixtures may look dingy and dirty. Deep cleaning, repainting or replacing parts of the unit will likely be necessary to make it look clean again after a smoker has lived there. Perhaps more concerning is the lingering smell of tobacco smoke. Especially in a unit with carpeting, the smell may be so pervasive that a landlord must make drastic interior changes to remove it. The costs of remediating smoke damage could be far more than the security deposit a tenant paid before moving into a unit. There are specific rules for security deposit claims related to damage New York landlords who intend to hold their tenants responsible for smoke damage to their properties will need to carefully comply with state law. Their obligations will include providing written notice to the tenant after they have left the property regarding the damage to the unit and the estimated costs to repair the smoke damage. The landlord must give the tenant an opportunity to respond to their notice and substantiate their claims by providing evidence of damage or invoices from remediation professionals. Particularly in cases where the lease has a clear rule against smoking, a tenant may have a hard time fighting back against security deposit claims related to smoke damage remediation. Learning more about lease violations and how they might affect the security deposit for a unit can help both tenants and landlords dealing with a smoke damage dispute.

A lease is a legal contract. If properly written and signed, a lease agreement becomes a binding document that can be enforced against the party when the agreement is violated. However, just like any other contract, a lease document must be prepared in accordance with the existing laws. As a tenant, it is easy to feel like the landlord has exclusive powers to decide the terms of the lease contract. However, it is important to understand that tenants have rights too. Here are three provisions that the landlord cannot include in the lease agreement: 1. Passing responsibility for repairs to the tenant As tempting as this might be, the landlord cannot require the tenant to undertake the general maintenance and upkeep of the property. Why? Because the property owner is responsible for ensuring that the rental unit is fit for human habitation. Of course, the story changes if the tenant causes some damages. The landlord cannot be responsible for a repair that is occasioned by the tenant’s improper use of the rented property. For instance, the landlord may deduct the cost of repairing a broken window from the security deposit upon notifying the tenant. However, damages resulting from ordinary “wear and tear” cannot be passed on to the tenant. 2. Denying some tenants certain privileges It is important that you treat all tenants equally. This means that you cannot prohibit certain tenants from privileges that other tenants have access to. For instance, you cannot bar some tenants from accessing common laundry facilities, pools, parking or exercise rooms. Doing so amounts to discrimination, and this can set you up for a lawsuit under the federal Fair Housing Act. 3. Denying a tenant the right to seek legal recourse You cannot have this clause in the lease agreement in any form, shape or way. If you violate any landlord-tenant law, be rest assured that your tenant will have the right to sue for damages regardless of whether they signed some agreement indicating that they should not. A lease contract can go a long way in ensuring a cordial landlord-tenant relationship. However, the agreement must be valid. These are some of the provisions that you cannot include in the lease agreement.

You have always been a conscientious and fair landlord to your tenants. When an appliance breaks down or a furnace won’t start, you’ve been quick to make repairs. But in return, you expect your tenants to be responsible, pay the rent on time and otherwise remain a tenant in good standing. Sometimes, that doesn’t work as well as it should. At some point, you may need to end their tenancy. If they have a fixed lease agreement with you, here’s how that could play out. Property damage occurs due to tenant negligence If your tenant is harming or devaluing your property by their actions or negligence, you don’t have to tolerate that. Misuse of your property provides you with grounds for eviction. Use their security deposit to cover repairs. But first, clearly document the damage with photos. Capture the repair process and results as well in case your tenant challenges their eviction. Harassing or disturbing other tenants or neighbors Problem tenants can cause long-term, reliable tenants to seek other accommodations, leaving you with empty units. If your tenant is a fan of late-night drum solos or gets into loud altercations with family members, file police reports and get statements from complaining residents. These will serve as evidence when breaking your tenant’s lease. A good paper trail can protect you from untrue allegations that can be costly to defend. Make sure you are not on shaky legal ground New York City has some strong tenant advocacy policies in place. Before taking any action to break a tenant’s lease, make sure that you are in full compliance with all local and state tenancy laws and regulations.

If you have a prospective tenant with a disability or a current tenant who becomes disabled, they may need some changes to the property to be able to access it from the outside or to be able to move around inside. What are you legally required to do as a New York City landlord? The law you need to reference is the NYC Human Rights Law. What are reasonable accommodations? The law requires landlords to make “reasonable” accommodations – in other words, accommodations that can be made without undue hardship to them or to other residents. For example, if a person needs a parking space close to the apartment building, you aren’t required to make another tenant give up their space. However, you can make sure that they get a convenient space as soon as one opens up. The law doesn’t require that you give a tenant precisely what they want, but that you provide an accommodation that will allow them the access they need. Who pays for the accommodation? That depends. If you need to build or install a ramp because the building is only accessible via steps and your tenant uses a wheelchair, you likely need to cover the cost, which shouldn’t be significant. The same is true if a tenant needs special accommodations within their living space, like grab bars. There may be an exception if it’s a rent-controlled apartment. Why ADA compliance is key Be sure that the ramp or any other structural change you make is compliant with Americans with Disabilities Act (ADA) specifications. If it’s not, you could find yourself facing serious fines and a personal injury lawsuit. It doesn’t matter whether a person’s disability is expected to be temporary or permanent. They still have a right to reasonable accommodations. If you have a prospective tenant with a disability interested in your property, you can’t refuse to rent to them because of that disability. That’s discrimination, and it can cost you far more than a few accommodations would. Even if you have other reasons for choosing another tenant, be careful to avoid even the appearance of discrimination. If you have any questions regarding reasonable accommodations, it’s wise to seek legal guidance. You don’t want to run afoul of city laws that protect the rights of disabled renters.

Every landlord hopes for a tenant who pays their rent on time, lives at peace with their neighbors and does not use their rental unit for unintended purposes. Unfortunately, this is not always the case. From time to time, landlords get into disputes with their tenants for a number of reasons. One of the most common causes of landlord-tenant dispute is non-payment of rent or security deposit. If you are a landlord in New York, it is important that you know the defenses you can use when evicting a tenant due to failure to pay rent. Here are some of the defense options you can use when evicting a tenant in New York for non-payment of rent. Proper notice Tenants are expected to pay their rent on time. Unfortunately, it is not unusual for a tenant to fail to honor this obligation. When this happens, the landlord has a right to evict the tenant in question. However, the law requires landlords in New York to serve proper notice to their tenants before evicting them. And this notice must be in writing and properly served. Without a properly served notice, a New York tenant has a valid defense during the eviction process. And without proper notice and serving, you risk having your case dismissed in favor of the tenant. Unfixed damages Wear and tear happen all the time. However, if a tenant causes significant damage to the rental unit, the landlord may issue an eviction notice and retain the security deposit for purposes of repairing the damages. If this happens, it is imperative for the landlord to furnish the tenant with the repair costs for the damages in question and indicate that this cost will be deducted from the security deposit. Again, this notice must be done in writing. Depending on the severity of the damages, the landlord may issue an eviction notice to the tenant to facilitate the repairs. Landlord-tenant relationships can be rocky and difficult to get around, especially when money matters come into play. Fortunately, both landlords and tenants have rights and responsibilities. Understanding your defense options when evicting a tenant can ensure that you go through this process without suffering any legal or economic damages.

When a tenant first moves into an apartment or other rental dwelling unit, they typically need to fill out an inventory of all of the existing damage and visible wear to the unit and its amenities. That inventory can eventually play an important role at the end of the lease. The inventory may provide the basis for the landlord making claims against the tenant’s security deposit or give the tenant grounds to defend against those claims. The landlord can retain some or all of a security deposit to recoup the cost to repair damages to the unit that exceeds normal wear and tear. What are some common examples of tenant damages that impact the security deposit? Damage to the walls Whether the unit has plaster or drywall, making physical repairs will be expensive, making cosmetic repairs may require repainting an entire room. The tenants may think that minor damage, like nails to hang family photos, are a non-issue. However, wall damage can be costly to repair. In addition to nail holes or marks where tape or other adhesive has pulled paint off the walls, there could be holes in the wall from someone punching the drywall or staining caused by smoking indoors. Water damage to various parts of the unit There are numerous ways that a tenant can cause water damage to an apartment. In the kitchen with bad ventilation, putting away dishes still steaming from the dishwasher might cause water damage to the interior of the cupboards. Not using a fan while bathing or showering could cause water damage to the walls in the bathroom or mold growth. Even hardwood floors could suffer water damage if tenants aren’t careful about their personal habits. Damage to appliances and fixtures If a tenant consistently overfills a washer and exceeds its weight limit, they could damage the device and force the landlord to repair or replace it. Tenants could cause discoloration or interior damage to refrigerators and freezers by storing things improperly. They could loosen wires by pulling on a fixture or cause cosmetic damage in any number of ways. Appliances can be expensive to either replace or repair. Apartment-grade fixtures may be cheap to purchase, but they may require professional work if there’s damage to the plumbing or wiring. Any significant damage to a unit could lead to a landlord making a security deposit claim. Recognizing that damages are a common source of landlord-tenant disputes can help those moving in or out of an apartment and their landlords better approach that transition.

What you pay to rent property in New York would likely be enough to afford a mortgage in many other places. The need for flexibility and the prohibitive prices of residential real estate in New York make even high-earning professionals decide to rent. When you rent a property, the landlord can place multiple restrictions on how you use the space. They might prohibit you from smoking in the unit or impose a fee if you want to have a pet. It is also common for landlords to limit or even ban overnight guests. Is that legal? Your lease determines what rights you have at your rented property New York law requires that tenants disclose the accurate number of people who will live in the property to the landlord when signing a lease. Even children who do not contribute toward the unit’s upkeep or finances are part of that tenant count. Landlords need to know who stays at their property for their protection. After just 30 days, they might have to evict an undisclosed tenant if the landlord doesn’t want them on their property. Many landlords protect themselves from that situation by placing restrictions within the lease about overnight guests. It is common for landlords to limit tenants to having someone only stay one or two consecutive nights without getting permission. Leases often require that tenants notify their landlord in writing of any extended-stay visitor. Some landlords may have terms in their lease that forbid any overnight guests. The terms of the lease ultimately dictate what a tenant can do and what actions the landlord can take. Knowing your rights can help you protect yourself when dealing with a landlord-tenant dispute about a potential or current overnight guest.

A residential lease contract is usually one of the most important elements that ensure a professional and friendly landlord/tenant relationship. A lease contract outlines a roadmap for the tenancy, providing a detailed explanation of the rights and duties of both parties. A lease contract serves both as a point of reference as well as a binding document that is enforceable in court should either party fail to keep their end of the deal. Additionally, this document can help parties make their expectations clear and establish a smooth relationship. Here are the important elements that should be included in a residential lease agreement. Rental cost A rental agreement cannot be complete without a detailed description of the rent amount. This component not only includes the rent amount but also how and when it will be paid. Here are the details that should be included in the rental price clause: Rent payment date and method (direct deposit, cash or check) Grace period and penalties for default or late payments Penalties if the check bounces Security deposit Some of the most common landlord/tenant disputes originate from security deposits, how and when they will be paid, and how and when they will be refunded at the end of the tenancy contract. To prevent these disputes, a lease agreement must clearly specify details regarding security deposits as well as related fees including: The security deposit amount Where this deposit will be held How the security deposit may be used How and when the deposit will be refunded Maintenance and repair policy A sound residential lease contract must outline the maintenance and repairs that will be addressed by the landlord. Having this clearly spelled out will prevent rent withholding by an angry tenant who expects repairs to be made as well as any potential future conflicts regarding security deposit refund. A well-thought-out residential lease agreement can mean the difference between an amazing landlord/tenant relationship and a stressful one. The terms outlined in the rental agreement are especially important if you are looking to rent to own a property.

The relationship between landlords and tenants can be rocky and hard to navigate, especially when legal matters are at play. But, the fact is, both landlords and tenants have rights and responsibilities. The problem comes in when either party oversteps its legal boundaries. If you are a landlord and want to evict a tenant in New York, you must have legal grounds for doing so. In other words, you cannot evict a tenant just because you no longer get along with them. While the law is in place to protect both parties, here are valid reasons why a landlord can evict a tenant in New York. Violation of lease agreement A landlord is within their legal right to evict a tenant who violates the lease agreement terms. Lease violations can include subletting the property to occupants not included on the lease contract, routinely failing to pay rent on time or failing to abide by other policies such as no-pet policy. Sometimes, it may be worth discussing the issue with the tenant with the hope of resolving the matter. Just be sure to have any resolution made in writing and signed by both parties. Damage to property While normal wear and tear are expected, a tenant may sometimes cause damage beyond minor nail holes in the wall or scuffs on the baseboards. When the damages go beyond the normal wear and tear, the landlord may have reason to evict the tenant in question. Damages that are considered excessive include: Significant plumbing damages Knocking holes in the wall Leaving the property unclean to the point that it becomes a health and safety hazard Landlords have many responsibilities on their hands, from rental property inspection to managing staff and dealing with resident issues. If you find yourself in a situation where you feel the need to evict a tenant, you must follow the law while doing so.

As a landlord, you want your tenants to be safe. You know that this is generally your responsibility. You also want the building to be safe because the property itself is an asset. A fire, for instance, doesn’t just put your tenants at risk. It also damages or destroys an asset and removes your income from said asset. But what if you do all that you can to make it safe and the tenants take it upon themselves to make unsafe changes? Say they opt to take down smoke alarms that you installed because those smoke alarms were always going off when they were cooking. Or imagine that they decided to replace the outlets with upgraded models, including USB chargers, but they did it themselves and created a potential fire hazard with faulty wiring. Now, what should you do? What does the contract say? It may be wise to have in your lease that tenants should never alter the physical space in these ways and that they should always contact you to do repairs or make upgrades. It doesn’t mean that they can’t desire to make changes to the apartment, but just that those changes should go through you as the landlord. This ensures that you can hire a qualified individual to do the work and that you can rest assured that everything is up to code. Naturally, though, your tenants may feel that this is unfair to them, as they want to make changes quickly or to their own specifications. If this leads to dangerous conditions and disputes between you and the tenants, you need to know what options you have.

As a landlord, you want to do right by your tenant but also need to protect your investment. You pay for the property that your tenant is living in, and you’ve done your due diligence to make sure the tenant is respectful of your space. Did you know that many New Yorkers have the right to sublease their apartments? They should always talk to you first or only do so once you have a clause in your leasing contract to allow it, though. What can you do if you find out that your tenant is subleasing the space without your knowledge? If you find out that your tenant is subleasing the space but didn’t ask you or inform you, then you should consider talking to them and the person subletting the space to determine if you would like to allow it on your terms. Your tenant technically broke the law by not making a request to you in writing, but that doesn’t necessarily mean that you will benefit from evicting the person who is subleasing the space or evicting your tenant for breaching the leasing contract. Instead, consider seeking the correct documentation and deciding if you would have denied or accepted the sublease had you known about it sooner. It may be that your tenant was confused about roommate laws or requirements and thought that this sublease would be allowed temporarily without informing you. What should you do if you do not want to approve the sublease? You may need to go through the eviction process if you don’t agree with the other party subleasing the space. If damage has been done, your original tenant should be responsible for that damage, or you may want to take it out of their deposit on the home. This can be a tricky area of law, so it is worth talking to your tenant to see if you can come up with a reasonable resolution before turning to other options. If you must pursue an eviction or other legal help, make sure you make an effort to talk to the tenant first and then begin to build your case.

People paying to rent a home or an apartment usually expect to have the freedom to decide what they do in their own space. However, the actions of a resident or tenant can impact the value of the property itself and the experience of tenants in adjoining or nearby units. Landlords often have to put rules in place to protect their property investment and make the facilities safe and enjoyable for all. Smoking is a personal choice that, while less common than it used to be, is still something many people choose to do. Can landlords in New York actually prevent their tenants from smoking in their own unit or anywhere in the rental property? Yes, landlords have the right to restrict indoor tobacco use New York does not have a statewide law prohibiting smoking in residential buildings, nor does it have a rental law preventing landlords from prohibiting tobacco use on their properties. It generally falls to the individual landlord to decide whether they will allow their tenants to smoke in a unit or not. Although making a unit non-smoking might reduce the pool of potential tenants, it can also decrease the amount of wear and damage to the property and the amount of cleaning required when a new person moves into the space. Smoking in a unit in violation of a lease could lead to eviction or financial claims against the tenant for damage to the property. Knowing what rules apply to different landlord-tenant conflicts can help you resolve the issue you face, whether you rent a property or allow others to rent a property you own.