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.

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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.

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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.   

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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. 

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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.

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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.

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Space is hard to come by in New York, which often means that people have to get creative in finding solutions for their personal and business needs. 

With rental prices for commercial properties so high, those trying to start a small business might feel like the best solution is to initially run things from inside their apartment while using a private mailbox at a business solution store as their official business address. 

Is it legal for tenants to use part of a residential rental property for business purposes?

New York renters can use some of their living space for business

New York state law does not explicitly prohibit the use of residential rental spaces for commercial purposes. This means that you could potentially use some of the space to run your small business, provided that your work doesn’t create a nuisance or damage the unit. 

State law allows you to use up to 25% of a residential rental space for business operations, although the law caps the maximum amount of space at 500 square feet.

Landlords can potentially restrict the behaviors of tenants

Residential landlords have an interest in maintaining quiet and desirable buildings. Having a lot of traffic and noise coming from one unit could disturb other tenants or cause damage to the common areas of the property. Landlords can potentially restrict certain tenant behaviors in their leases, although they cannot retroactively apply restrictions to a tenant already living in one of their units. 

Learning the rules regulating businesses in New York apartments can help when it comes time to settle a dispute between a landlord and a tenant over the start of their operation.

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Few things pit landlords and tenants against one another as quickly as questions about pets. Many people consider pets non-negotiable because they are part of the family. However, landlords often don’t want to accommodate them because of the damage they can cause to their rental units.

Tenants looking for a pet-friendly place may have to search for longer than other prospective tenants. When they do find a place, they may find that their landlord charges them extra costs for the animal. Is it legal for a New York landlord to charge fees related to a pet?

Pets increase wear to a property and justify higher costs

As many as 75% of the rental properties in New York do not allow people to keep companion animals. Those that do can generally demand a premium for their accommodations and may have the option of choosing between multiple applicants for a single vacant unit.

Pet-friendly landlords might require a separate deposit for each animal, which may not be a refundable deposit. They may also charge a cleaning fee to offset the additional work required to get the unit ready for them to rent to someone else. Some landlords even charge extra rent every month for a pet.

Nothing in New York or federal law prohibits such practices. The only exception would be if someone with a disability has a service animal. In that case, charging a fee for it would violate the tenant’s rights under the Americans with Disabilities Act (ADA).

Pets are common sources of landlord and tenant disputes, which is why both parties should be honest and open about their opinions about animals in the unit.

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There are many responsibilities that landlords and tenants have. Many of these are spelled out in the rental contracts that are signed when a person rents an apartment or home. One thing that both must be willing to take part in is pest prevention and management. 

Unfortunately, the close proximity of dwellings in the city often means that pests can quickly spread from one home to another. This means that prompt attention when pests are found in a rental is imperative. 

In many cases, preventing pests from coming into the units negates the need for harsh pesticides. 

Who can apply pesticides in rental units?

In New York, only people who are certified applicators can use pesticides within rental units unless they are the person renting the unit. It doesn’t matter if the chemical is one that’s readily available, a landlord can’t apply it within the unit unless they become certified. The tenants can use general use pesticides in their own dwelling, but anyone who uses those kinds of chemicals in common areas must be certified. This is important to know, especially because some tenants may be worried about toxic chemical exposure.

Because of the dangers associated with many pest control chemicals, landlords must ensure that they’re following the proper procedures for pest management. State laws dictate who can apply these chemicals in specific areas, such as rental properties. Whether you’re a landlord who’s dealing with a tenant who refuses to follow pest prevention measures or a tenant who has a landlord who refuses to get rid of pests, you may opt to take legal action. 

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Sometimes, landlords will buy foreclosed or distressed properties at auction for far lower prices than their true value. They may intend to fix it up to flip it or to make it into multiple tenant units. 

But somewhere between that gavel falling and now, your efforts to refurbish and/or repurpose the property ran out of steam (or money). For now, the property sits unoccupied and as-is, or with only partial repairs done. But are you sure that it is really unoccupied?

Beware of squatters on your Queens property

Here in New York, a squatter who has been living on someone else’s property for at least 30 days is considered to legally be a tenant. What that means for landlords is they must then legally evict these unwanted residents from the property to get rid of them.

Because this can happen quickly, it behooves all property owners (or their agents) to visit their vacant properties at least weekly. This allows you to make sure that nobody has set up housekeeping without your consent on the property. This is one of those situations where prevention is much simpler (and cheaper) than the cure.

What to do if you already have squatters

If you own enough property here in New York City, eventually you will have to deal with the problem of squatters. Time is definitely not on your side when it comes to squatting. Wait too long to address the situation and it becomes the much more serious problem of adverse possession. Seek the guidance you need to protect yourself and your property from squatters.

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