The entire point of the security deposit on an apartment isn’t to take extra rent money from the tenants. It’s to ensure that damage to the unit can be repaired when the tenant leaves. Getting that money after the fact would be very hard, so landlords take money at the beginning of the process and then return what they don’t require.

In many cases, tenants barely cause significant damage at all. The deposit isn’t just for normal wear-and-tear, but for anything excessive. Ideally, you vet your tenants well enough that you know they’re not the type of people to intentionally cause excessive damage.

But what if it happens anyway? Say a tenant has a child who causes serious damage to the home, for instance, or say there is an unexpected domestic dispute. No matter how it happens, you know as soon as you see the unit that your security deposit isn’t going to be enough. Now what?

You may be able to sue to cover those damages

If this happens, it can be difficult and frustrating. The good news is that you may have legal options. You could sue your tenant — or former tenant, depending on the time frame here — to get the money to cover the costs. The apartment is still your property, after all, and they damaged it far beyond wear and tear.

One thing to keep in mind is the full cost of the repairs. It’s much more than just materials. You may also have to pay professionals to make those repairs, if they’re beyond the scope of what you can do — or want to do — on your own. You may also have to keep the apartment off of the market for a month (or more) while the repairs are made, which costs you in rent money. Since all of this is related to the damage, you may need to include it in your lawsuit.

Getting the process started

The first thing to do is to talk to the tenant, explain the costs, and see if they’re willing to cover them. If not, though, then it is time to start the legal process so that the money doesn’t come out of your pocket.

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If you are a landlord in the Forest Hills area of New York, you may find it challenging to keep up with state residential landlord-tenant laws. Unfortunately, a lack of knowledge or understanding cannot help you when landlord-tenant disputes arise. One of the best ways for landlords to avoid conflicts is by learning more about tenant rights.

There are far too many tenants’ rights to discuss in one post. To help you begin your education into the rights of your renters, we decided to focus on one category at a time. In this post, we will talk about some of the personal protections available to tenants in Queens.

What does the term “personal protections” mean?

Essentially, it means personal rights. The category defines what your tenants can and cannot do as renters in our state. Below are three personal protections tenants have that many landlords overlook.

1. They may organize. Tenants have the right to participate in tenant organizations in your building, free of charge.
2. They may possess service animals. Regardless of your no-pet policies, deaf, blind or mentally ill tenants have the right to keep service animals in the home.
3. They may make disability accommodations. Tenants with disabilities also have a right to make reasonable disability accommodations (wheelchair ramps, grab bars, etc.) to their homes.

As we mentioned above, tenants have other rights, as well. We believe you can avoid potential landlord-tenant disputes simply by understanding these rights. It is another layer of protection for you and your residential rental property, and as a bonus, it also keeps your tenants happy.

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When a tenant stops paying their rent, it’s only natural for the landlord to get frustrated. A lack of communication from the tenant can make the situation worse, and leave the landlord floundering as they try to figure out how to react.

Sometimes, landlords can better manage a situation with a non-paying tenant by proactively approaching the tenant and inquiring about their situation. That can help both parties come to an agreement and avoid legal action.

3 reasons why tenants stop payment

There are numerous reasons why a tenant might stop payment. To develop a solid strategy to manage the situation, it is imperative to understand the underlying reasons why a tenant is not paying. According to the Wall Street Journal, here are three possible reasons: 

1. Financial difficulties: Many tenants have felt the effects of the economic instability, and these effects are being felt by landlords as a result. Some workers have lost their job, and others have seen a reduction in hours or reassignments. Some workers have been outsourced and are trying to survive on economic stimulus checks and unemployment. Additionally, unexpected hospital stays and the burden of caring for sick loved ones have put many in difficult financial situations.
2. Repairs and complaints: Some tenants withhold payments because they feel that their complaints, requests, or concerns are not being listened to. Communication is key to making sure that problems are resolved before the landlord-tenant relationship deteriorates.
3. Refusal to pay: Some tenants simply refuse to pay and are waiting to be evicted. In these cases, there is little that the landlord can do to correct the situation. The best route is sound legal counsel to help navigate the legal eviction process. 

Understanding the circumstances that led a tenant to not uphold their obligations help to equip landlords to present solutions.

Exploring legal options for landlords

The reason why the tenant is not making rent payments on time can determine the legal options for the landlord. The best strategy is communication, mediation, and mutual understanding. However, if all else fails, landlords would greatly benefit from legal counsel that is experienced in New York’s landlord-tenant laws to find out what their rights and options are.  

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Back in March, The New York Times ran a story of alleged widespread discrimination by the city’s landlords against those would-be tenants who had Section 8 federal housing vouchers. A local group had conducted a city-wide sting that left 88 landlords and some brokers open to allegations of discrimination against those of lesser means in regard to housing.

If you are a landlord here in Queens, it would behoove you to pay close attention to that case and your responses to prospective tenants seeking to rent an apartment with Section 8 vouchers.

Landlords can’t discriminate based on income sources

There are many legal reasons to turn down potentially problematic tenants for your properties, e.g., a history of evictions. But you have to be very careful not to veer over into the territory of discrimination or you can face very serious legal repercussions. In the Times article, allegedly the brokers and landlords were caught on tape abruptly ending discussions about renting once they became aware that the prospective tenants received Section 8 vouchers. In some apparent incidents, the real estate professionals and landlords hung up on the callers posing as Section 8 renters.

Could you get accused of rental discrimination?

It has been said that anyone can file a lawsuit against a ham sandwich, but having it stand up in court is quite another matter. Therefore, it is entirely possible that one day you could face allegations of rental discrimination from your tenant(s).

Learning more about the landlord-tenant laws here in New York City can help you determine your course of action in any forthcoming dispute.

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Although you didn’t likely anticipate being in such a role when you initially decided to become a landlord, you’re likely to learn a lot more about your tenants and the different struggles they face in your role than you ever expected.

One question that you might find yourself needing to know is what happens after a tenant dies. 

Don’t rush to move your tenant’s things out when they pass away

You may assume that your tenant’s death automatically terminates their rental agreement with you. That’s not necessarily the case, though. 

You won’t want to review your contract’s terms and local and state laws regarding the matter to see if it specifies what should happen in this instance. In most cases, a lease doesn’t end when a tenant dies. Their next of kin may be entitled to assume the lease. Even if they don’t want to or can’t, it doesn’t absolve the estate from paying any remaining rents due to you.

An alternative to this is for a landlord to agree with a tenant to amicably terminate their lease upon their tenant’s death without requiring any further rent payments. There are various steps you must take to get to this point.

Why you must secure a written notification of a tenant’s death

Securing written confirmation of your tenant’s death is important. It will make it easier to pursue your claim for unpaid rent and other losses through the estate.

Such notice may also be critical to establishing communication between you and the estate executor or your tenant’s next of kin. You’ll need to communicate with them before proceeding in re-renting the unit or doing anything with your tenant’s belongings. 

You’ll ultimately need to get your tenant’s next of kin to sign a release to the rights of possession before you re-rent the unit. You may be able to use any security deposit to apply toward any cleaning costs, repairs or back rent. You’ll need to return any excess funds to the estate.

Help in navigating your obligations after a tenant’s death

There are many curveballs that you may have thrown at you as a landlord. Navigating what you’re supposed to do with your tenant’s belongings, security deposit, and re-rental issues are some of them. An attorney can advise you of the steps that you should take in such instances.

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Every tenant is a source of risk for a landlord. They can cause damage to the unit, use utilities that the landlord pays for and get into conflicts with other tenants. You probably take care to screen potential tenants for problematic behaviors.

A history of evictions or a major criminal background will likely give you pause when considering a new tenant. Unfortunately, not everyone who lives in one of your units will fill out an application and be on the lease.

One parent might apply and not disclose any information about their live-in romantic partner because of their criminal record. A tenant may also have initially been honest but has since taken in a sibling or started a new relationship with someone who now seems to live at the rental unit. What can you do when a non-tenant starts living at your property?

Document the situation before you address it

Whether you have heard complaints from other tenants or noticed that someone who doesn’t live at your apartment seems to leave every day at the same time when you arrive for maintenance, you will have some factual reason for assuming that an individual has started living in the unit without your permission.

Having specific times and dates to reference when a person leaves or how long their vehicle stays in shared parking spaces can be enough to prove that they have utilized the facilities far more than a casual guest would. You want to have proof of the occupancy or inappropriate visitation habits before you try to address the issue with your tenant.

What does your lease say?

The first thing you need to confirm before you take any steps is how your lease addresses non-tenants staying at the property. Most standard leases include restrictions on how long a non-tenant can stay in the unit. Some landlords will not allow someone to spend even a single night, while others may restrict such stays to no more than four or five nights in a single month.

Some landlords have a zero-tolerance policy for such behavior, meaning that they can terminate the lease and evict the tenant for bringing in an undisclosed roommate. Others may have a per-day fine included in the lease that far exceeds the additional rent for a second adult.

Once you know what your lease says, you can then send your tenant formal notice about the issue and ask them to resolve it immediately. Many tenants will be quick to resolve the matter. They may even agree to add their new romantic interest to the lease. Others may stop violating the lease instead.

If a tenant refuses to take appropriate action one way or the other, you may need to take them to court to either seek damages or to terminate the lease and possibly evict them. Consistent enforcement of lease rules regarding unauthorized visitors helps protect you and your property from violations by your tenants.

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As a New York landlord, you likely have many prospective buyers who’d like to purchase your rental property from you. While a good offer may entice you, you may think that accepting such an offer is out of the question if you have tenants in your unit signed to a long-term contract.

Fortunately, you have options even when you have tenants residing in your property. You may want to weigh the options available for dealing with your tenants since each has its series of pros and cons associated with it.

Selling your investment property to another landlord or an owner-occupant

You might think that another landlord would jump at the idea of buying a rental property that already had a tenant in place. While that may be the case with some landlords, others may prefer your rental to not have any residents at the time of the purchase.

Your buyer may prefer to select a tenant and negotiate the lease with them. They may also want the unit to be vacant so that they can initiate immediate repairs. You may find yourself needing to terminate your lease with your tenant to avoid your prospective buyer pulling out of the purchase of your property.

What if someone wants to buy the unit and live there? That may also warrant terminating your rental agreement with your current tenant.

Terminating a lease may be more challenging than it seems if there’s considerable time left on it. You will want to weigh the prospect of having to pay hefty termination fees versus getting your buyer to sign an agreement to buy the home once the tenant’s lease ends.

What to do if a tenants’ residence in your property is affecting your ability to sell it

Many landlords don’t enter into a rental agreement intending to sell their property. A change in life circumstances or an irresistible offer may lead you to need or want to sell your rental property, though. An attorney can advise you of your options for doing so, including any benefits or downsides to choosing one option over another.

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Space is at a premium. Housing is difficult to find. Landlords may find themselves wondering just how much space they have to offer in a single rental apartment. Is there a minimum? 

Different cities and local governments set these restrictions. A good rule of thumb is that any single-room apartment should be at least 150 square feet. That’s the standard used in New York City. You can find that same square footage similarly echoed in other regulations, but they all do differ to some extent. 

How many people can live there?

One thing to consider is just what the market is for that space and how many people can legally live there. Restrictions may limit how many children can share a bedroom or how many adults can reside together, depending on its size. 

Therefore, even if you have an apartment that fits the minimum, that doesn’t mean you can rent it to just anyone. Someone who has too many children may not legally be allowed to live in that 150-square-foot apartment. They need more bedrooms and more floor space overall. Consider this when talking to prospective tenants. 

You also want to think about other necessities, such as fire escapes, windows, closets, bathrooms and the like. Some small spaces may seem large enough for a person to live in, but they may not qualify as a valid rental if they’re missing certain features. 

Knowing where you stand

As a landlord, you need to know where you stand in terms of codes you must abide by before renting out a unit. You’ll also need to know what legal steps to take if you wind up in a dispute with a tenant over any of these issues.

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As a landlord, you want tenants who pay on time and do not cause you any problems. You cannot control whether they are prompt payers. However, if you understand what a tenant wants from their landlord, it can reduce the chance they give you legal problems.

What causes legal issues between tenants and landlords?

Most legal issues between tenants and landlords occur for a few reasons. If you do the following you can reduce the chance they happen to you:

• Deal with issues promptly: Tenants want a safe place to live. They want things such as water and electricity to work. If they tell you something is not working or something is unsafe, they expect you to take prompt action. They also want a landlord who answers their messages or calls. If they think you are avoiding them, they are more likely to seek legal avenues to have their voice heard.
• Treat your tenants fairly and with respect: Tenants do not want you to be their friend. They want you to treat them with respect. If they feel unhappy about how you treat them or talk to them, they may be less amenable when there are other issues. Remember that there are strict rules related to who you can refuse to rent to.
• Be honest: If you are unsure of what you must disclose to prospective tenants, seek legal advice. Failing to mention specific things could lead to unhappy tenants who create legal problems.
• Abide by the laws: Be sure to comply with all applicable laws. Tenants have rights. If you violate them, they may try to hold you responsible. Take great care with things such as evictions. Failing to follow legal procedures could harm your chances of removing the tenant.

If you follow these steps, it is not to say you will never have problems with tenants. However, it should reduce the likelihood of issues. It will also put you in a stronger legal position if you have a dispute with a tenant.

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As a landlord, there are many reasons you may want to enter a property. Yet, there are only some reasons for which you can. Understanding the laws is crucial to avoid a tenant claiming you invaded their privacy.

Landlords usually need the tenant’s permission to enter the property

If you wish to enter a property, there are some steps you need to follow:

• Give the tenant notice: While a client may choose to let you in if you knock on the door, they do not usually have to. If you wish to enter, you should provide at least 24 hours’ notice and agree on a time. You can stipulate how much warning you need to give in the lease contract. If the time you suggest does not suit your client, they should offer you another time.
• Have a valid reason: Repairs or improvements are a valid reason. Showing the property to a prospective buyer or renter is also a valid reason. Those are simple to justify. Some can be tricker. You may need to enter the property if you feel the tenant is violating the terms of the contract. You need to take care to avoid them accusing you of harassment.

Emergencies are a valid reason regardless of permission. However, knocking first reduces the chance your tenant can complain later.

If a tenant continues to refuse your request to enter, consider legal help to seek a court order. If you suspect a tenant’s refusal is due to them breaching the lease terms, you may want to take action. Going about things in the wrong way could make solving the problem or evicting the tenant more difficult.

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