You overhear one of your tenants promising his child a dog. You remind them that you do not allow tenants to have dogs. He replies that tenant x has one, and tenant y, so why can’t his family? Despite the apparent unfairness, there may be reasons why some tenants have dogs but others cannot.

Your contract says you do not allow dogs

As a landlord, you can stipulate that you do not accept pets in the contracts tenants sign. If you do not make this explicit, they may assume pets are acceptable. As with any contract issues, if you want to make something a condition, put it in writing. Where contracts are unclear, a judge may side with the other party.

You had no choice but to accept the other person’s dog

Perhaps you used to allow people to have dogs, but now you do not. A bad experience or complaints from other tenants may have led to you updating your contracts. If someone already had a dog, before you updated your agreements, you may have no choice but to let them keep it.

You might be stuck with a tenant’s dog if you did not take action to remove the dog fast enough. If someone had a dog for three months, and you knew about it yet said nothing, the dog may be entitled to stay. If they had hidden the dog, that would be different.

The other tenant’s dog is special

Most owners think their dogs are special. Yet, some have a special status in the eyes of the law. Service animals enable someone with a disability to get around. Refusing a service dog would infringe the person’s rights under the Americans with Disabilities Act.

Emotional support dogs are another category the law treats differently. They, too, play a critical role in their owner’s lives. Refusing a tenant theirs could violate the Fair Housing Act.

Posted in Landlord-Tenant Disputes | No Comments »

If you have a tenant who is about to move out they may say to use their security deposit for the final month’s rent. They might be moving out because they lost their job and need to move to a cheaper place. Or they might fear you will not return their deposit. Do you have to accept their request to set the final rent against their deposit?

A security deposit is there for your benefit as a landlord. It gives you protection against any damage your tenant may cause to the property. Returning it before the tenant moves out leaves you vulnerable should they cause any harm in their final days. So you should refuse and demand they pay their last month of rent.

How soon do you need to return a security deposit?

A tenant may need their deposit money to use it for a new place. As a landlord, you have 14 days to return the deposit. Within this time, you should provide your tenant with an itemized statement for any deductions you have made for damage.

What happens if I do not return the deposit within 14 days?

If you do not return the deposit and provide a list of any deductions within the two weeks, you lose your right to all of it. The tenant could take you to court to claim the entire amount back.

Do I have to pay interest on the deposit?

If the deposit accrued interest, you must pass this to the tenant.

If your tenant disputes your deposit deductions or refuses to pay the final rent, you may need legal help. Understanding the laws that govern landlord-tenant relationships is essential to protect your interests and avoid infringing on a tenant’s rights.

Posted in Landlord-Tenant Disputes | No Comments »

A tenant who complains a great deal is unlikely to renew their lease. While some may believe finding new tenants is simple, it actually is a costly process. Retention of current tenants increases profitability, and the key to retention is resolving tenant complaints. Here are three simple steps to aid with complaint resolution:

Understand the complaint

Everyone has a communication style, and not all communication styles mesh well. When people with conflicting styles of communication speak, there is a high risk of miscommunication. It’s important to try to recognize that possibility when you receive a complaint.

Residential tenant complaints may fall into these categories:

• Money concerns: including raising rents, deposit complaints, lease terminations, and evictions. These are complaints that focus on the basics of the rental agreement, i.e. the money paid to secure housing.
• Living concerns: including health and safety issues, basic repairs, and pest control. These get at the livability of the apartment in general.
• Community concerns: including noise complaints, issues with “common-use” areas, and parking availability. These are issues that are not necessarily in the landlord’s control.

When you understand what kind of concern a tenant has, it’s easier to understand that complaint’s validity.

Validate the claim

Some complaints are valid and actionable, and some complaints are not. A complaint about pest control in an apartment is valid and property owners must act on that. The validity of a complaint about someone leaving communal washing machines open or closed is far less clear.

How valid or invalid a tenant’s complaint is will go a long way to resolving it. Although even invalid, unresolvable complaints may still require an empathetic ear. Empathy, to those with certain styles of communication, is as good as action.

Resolve the concern

When you understand the complaint and find it valid, the final step is simplest, but that is not to say it’s easy. Quick decisive action can build a more harmonious relationship with your tenants.

Posted in Landlord-Tenant Disputes | No Comments »

Landlords have to take on a bit of risk whenever they rent a property out to a new tenant. Real estate has a lot of value, and the person who lives in a place can cause a lot of damage. Smoking inside, having pets without permission or hanging up a lot of art could do significant damage to the inside of a rental property.

Tenants may also do things that cause widespread and expensive damage, like illegally growing marijuana in the closet, resulting in mold growth. When the landlord regains control of the property and discovers damage, what options do they have for covering the costs of repairs?

Security deposits protect against damage

The possibility of a tenant damaging a property is one of the reasons that landlords charge security deposits. By requiring a financial deposit from the tenant, the landlord incentivizes them to maintain the property and advise them quickly when there are repairs necessary.

The threat of losing a security deposit can be enough to make tenants prioritize cleaning and maintaining the unit as well as possible so that they can get that money back. Sadly, there are those who will not care if they cause damage to a landlord’s property. Some might even cause damage intentionally when they realize that they won’t get their security deposit back because of a hole they burned in the carpet or punched in the drywall.

How do landlords claim the security deposit?

Landlords have to provide a written estimate of the cost of repairs to a tenant once they leave the property. This often depends on what issues the tenant reported in their initial inventory of the property’s condition. However, provided that they do so and that they can show that the damage occurred when the tenant was in the unit, they can retain the cost of repairs from the security deposit.

What happens when the security deposit isn’t enough?

Under New York law, landlords can only charge one month’s rent as a security deposit. A tenant could cause thousands of dollars more damage than what they paid in rent every month if they ruin the carpet, break windowpanes or damage the appliances.

Given the limitations of the security deposit law, landlords facing catastrophic levels of damage may have no choice but to take their tenants to court with a civil claim for the cost of the damage to the unit. When the security deposit is not enough to cover repairs, the courts may order the former tenant to repay the landlord for the damages they caused.

Posted in Landlord-Tenant Disputes | No Comments »

While it is easy to think that landlord-tenant disputes always involve an argument over a term in the lease or about New York’s landlord-tenant laws, perhaps common reason for litigation is that a tenant simply cannot keep up with the rent because of financial problems.

For a commercial landlord, deciding what to do about a tenant who has fallen behind is not always simple.

At first glance, and in normal times, an eviction may seem like a good option, but the problem is that an eviction and even getting a judgement for back rent is no guarantee that the landlord will actually receive payment.

In the meantime, the landlord has find another tenant for the property. Even in hot real estate markets, this will involve some time, expense and lost income.

Negotiations with a delinquent tenant may be the best course of action

What a commercial landlord in the Queens are or surrounding boroughs should do in its specific circumstances is really a question best answered by an experienced attorney.

However, landlords should at least consider whether a firm but realistic negotiation with a tenant who has fallen behind may be the best option.

Landlords have a number of solutions they could potentially offer a tenant who because of financial problems cannot pay rent.

Even if forgiveness of all or part of the rent is not an option, the landlord may agree to defer payments and allow the tenant to catch up over time or pay the missed rent in a lump sum at a later date.

The landlord may also consider converting the back rent into an interest-bearing loan by having the tenant sign a promissory note for it.

It is possible also for the landlord to offer a modification of the lease to make the rent more affordable going forward.

On a related point, the landlord may be willing to help the tenant sublet the premises so the landlord can continue to receive income even if the tenant vacates.

If the original lease called for a deposit, the landlord may offer to apply all or part of that deposit to the delinquent rent and then either continue the relationship without those funds or have the tenant replenish the security deposit over time.

Posted in Landlord-Tenant Disputes | No Comments »

New York’s commercial tenant eviction moratorium was repeatedly extended and ended on Jan. 31. Instead of issuing an executive order, the Governor is reviewing legislation that would give restaurants and other commercial businesses a reprieve until May 1, 2021. This delay continues uncertainty for a struggling industry and may lead to landlord-tenant disputes.

Restaurants struggle

In New York City, over 1,000 restaurants closed during the pandemic. A NYC Hospitality Alliance survey in Nov. 2020 showed that 88 percent of the more than 400 respondent restaurants were unable to pay full rent.

New York banned residential evictions at the end of 2020 and extended this deadline to May 1. However, this protection did not extend to restaurants, bars and other businesses which relied on a series of executive orders issued by Gov. Cuomo protecting them from eviction.

The earlier eviction ban may have stopped restaurants and taverns from losing their physical spaces. But they still must pay unpaid rent. Some restaurant owners negotiated new agreements with their landlords while others paid rent as a percentage of their monthly revenue.

Other establishments are expected to pay full rent. Without any substantive rent cancellation or government assistance, restaurants will continue to suffer losses even after pandemic-related restrictions are loosened.

Proposed bill

The relief legislation passed the state senate and assembly and is undergoing negotiations with the Governor’s office. If enacted, it would protect small business owners who employ no more than 50 workers and landlords owning 10 or fewer units in one building or multiple buildings.

Restaurants and other tenants who cannot pay rent may submit a letter to their landlords showing their revenue loss from the pandemic. This will protect them from eviction through May 1, 2021.

Landlords may also submit a hardship letter to their mortgage lenders or foreclosing party to prevent foreclosure until May 1. To avert tax-payment related foreclosures or lien sales, landlords can also provide this document to city or state officials.

The bill covers evictions filed no later than March 7, 2020 or 30 days after it becomes law. However, it does not cover cases where an eviction warrant was already issued. If a warrant was not signed, there will be a 60-day stay on proceedings until a judge determines whether the eviction may proceed.

The bill, however, will allow landlords to pursue evictions when tenants are engaging in unreasonable behavior that impedes the use and enjoyment of other tenants or occupants or causes a substantial safety hazard. Landlords will have to provide documented evidence to supported unreasonable behavior allegations.

Attorneys can help find solutions to these problems. Lawyers may assist clients with pursuing their rights.

Posted in Landlord-Tenant Disputes | No Comments »

During the pandemic, tenants have struggled to pay rent and landlords have tried to keep up with their costs during eviction moratoriums. These moratoriums may have eliminated or, more likely, delayed landlord-tenant disputes. Landlords, however, have some limited options to deal with the eviction moratoriums.

New York’s moratorium

New York and federal lawmakers passed several eviction moratoriums during the pandemic because many New Yorkers were unable to make their rent payments. The latest measure in New York was approved on Dec. 28.

This law stops all evictions for at least 60 days and also covers tenants with expired leases. Tenants can extend this protection until May 1 if they execute a document claiming that they experienced a COVID-19-related hardship. This moratorium delays but does not excuse rent payments.

Landlords receive a little relief under this measure. Lenders cannot foreclose on property owners with ten or less units until May I if these landlords are having a COVID-19-related hardship. These landlords, however, must still pay mortgage, taxes and water and heating bills.

Options

Landlords should try to negotiate some type of payment plan with their tenants. Tenants may consider this option because their rent is only delayed but not excused.

Tenants may agree to negotiations because landlords can bring a legal case against their tenants now which can lead to legal proceedings and later damage their credit. Future building owners may also harm a tenant’s credit by filing a lawsuit later for unpaid rent.

One option is that tenants pay reduced rent in return for the waving of their past debt. This provides the landlord with some income and the tenant with some financial relief. If tenants lost their wages and cannot pay rent, landlords should provide them information about unemployment compensation and other benefits.

Landlords may also ask tenants to vacate their unit in return for a payment. But tenants may be unable to move to another unit because that landlord would look negatively on tenants with their rent history. Tenants may also have concerns about moving during a pandemic.

An attorney can assist you with developing options for your situation. They can also help protect your rights during an uncertain time for landlord and tenants.

Posted in Landlord-Tenant Disputes | No Comments »

Finding a tenant to take on a residential lease can be a stressful process for a landlord. After doing their due diligence to ensure that their new tenant will be able to meet the conditions of their agreement, a landlord may discover problems with the party or parties living in their rented space. This post addresses some of the reasons that a New York landlord may elect to break a lease agreement with a tenant. This list is not comprehensive and readers should not rely on it as legal advice. All questions about lease agreements can be directed to knowledgeable and trusted landlord-tenant law attorneys.

Failure of the tenant to pay rent as stipulated

One of the main reasons that landlords elect to evict their tenants is nonpayment of rent. Rent is the money that a tenant pays to their landlord for the use of the agreed upon space. Without rent payments, a landlord may not be able to meet their own financial obligations and may struggle to keep themselves financially afloat. The agreement that a landlord and tenant execute regarding the rental of a space will often outline what will happen if a tenant does not stay current on their rent payments.

Failure of the tenant to abide by applicable laws

A tenant that breaks the law is a tenant that a landlord may want to remove from their property. When a landlord learns that their tenant is engaged in criminal or wrongful activity, they can work with their attorney and proper authorities to address the matter. Violations of laws, regulations, and other local, state, and federal rules may warrant action for termination from a landlord.

Failure of the tenant to follow the lease agreement

A lease agreement between a tenant and a landlord contains more than provision on rent. It should include the length of the lease, information about subletting, pets, and other important details. When a tenant violates the non-rental terms of a lease, they may expose themselves to termination actions from their landlord.

Terminating a lease agreement can be difficult. Many landlords would rather not evict their tenants but many must in order to protect their own rights and interests. Landlord-tenant law attorneys can help them manage their legal needs.

Posted in Landlord-Tenant Disputes | No Comments »

When a landlord is dealing with a difficult tenant, whether because of chronically late or skipped rent payments, or because they are engaging in behavior that is disruptive or illegal, it is important to know the legal procedures for an eviction is legal in New York City. Landlords are facing many challenges right now from a global health crisis and a difficult economy, and also in understanding how a moratorium on evictions will apply in certain circumstances.

When you are dealing with a difficult tenant situation where it may feel like there are few choices, it is essential to have experienced legal counsel in Queens to advise you on your options and advocate for you in court if necessary.

There are specific duties in tenant-landlord law that the landlord and the tenant each owes to the other. Understanding these responsibilities is essential in avoiding disputes that could lead to eviction or court actions.

Grounds for eviction in New York

New York Consolidated Laws RPA § 711 provide several grounds for eviction if the tenant:

• continues in possession of the premises or any portion of it beyond the expiration of the lease
• has defaulted on payment of rent, taxes or assessments and a demand of rent or payment has been made
• has benefited from an insolvency statute or has gone into bankruptcy
• has used the premises for illegal activities such as prostitution, drug-dealing or other illegal business, or disturbed the peace of other tenants

While evictions can be time-consuming and complex, it is important to find solutions that keep the property owner on the right side of the law. An improper eviction that does not follow legal procedures can result in a lawsuit against the landlord.

The self-help eviction

When the landlord resorts to self-help evictions that appear punitive, harmful or aggressive, a court will often award the tenant damages. Some self-help tactics to avoid include:

• not paying utility bills, resulting in the utility company cutting off service
• changing the locks
• removing the tenant’s property threatening
• harassing or ordering the tenant to leave

If the eviction is illegal, the tenant can sue the property owner for trespass, wrongful eviction, assault, slander or inflicting emotional distress.

Posted in Landlord-Tenant Disputes | No Comments »

As a landlord, it is important that you protect your interests at all times. If you are leasing a house, office or apartment, it is likely that you put a great deal of time into choosing the property, making it suitable for lease and finding a tenant. Therefore, if you believe that the tenant occupying the space is not treating it with respect or not obeying the contract in some way, this can be stressful and disheartening.

While it can be easy to react out of anger and upset, it is vital to reflect on the situation before taking action. As a landlord, you are responsible for taking action in accordance with the contract in place as much as the tenant. If you do not, you may become involved in a complex dispute that is lengthy and difficult to win. The following are some tips for correctly dealing with a disorderly tenant as a landlord.

Make inspections part of your leasing routine

A well-written lease is always the key to a successful landlord-tenant relationship. Ideally, you should spell out maintenance expectations and the necessity of periodic inspections. In addition, you should perform a detailed move-in inspection, whereby you make an inventory of all items, take photographic evidence and ask the tenant to sign-off on your findings. You should inspect the property at least twice per year so that you are able to note any property damage and demand that it is put right.

Hold your tenants to exemplary standards

You should follow the contract and hold your tenants to the contract. If you let something slip, even rent that’s a dollar short, tenants may start to disrespect the terms of the lease and take more liberties. The contract is in place for a reason.

If you are struggling with a tenant who is causing problems due to disorderly behavior, make sure that you understand your legal rights and how you can successfully resolve a dispute.

Posted in Landlord-Tenant Disputes | No Comments »