Landlords in New York carry a heavy responsibility, and the expectations are high. As a result, tenants who are expecting more might levy allegations against a landlord, claiming that they’ve broken the law. This, in turn, can lead to a civil claim being filed, the results of which could have tremendous ramifications for the landlord and his or her business. Those landlords who don’t aggressively represent themselves in these matters increase the likelihood of an unfavorable outcome that can cost them time, money, and their reputation.

So what should you do if you’re a landlord who is in this position? Seek out the advocacy you need to maximize your chances of success.

Your choice of attorney matters

There are a lot of law firms in New York. So many, in fact, that you might feel overwhelmed when looking for help. These firms might all look the same, so you might feel inclined to pick the easiest or cheapest option. This might not be the best move, though, considering that there are actually a lot of differences amongst these law firms.

Take a look at our firm. To start, we have extensive experience handling landlord-tenant disputes. This is a specialized area of the law, and we have the experience needed to navigate the nuances individuals often see in these cases. With our extensive knowledge, we guide our clients through their cases so that they can have all of their questions answered, even those that they didn’t know that they should be asking. Additionally, we’ve proven ourselves in the courtroom by litigating these cases for more than a decade.

There’s too much at risk to forego adequate representation

The judgments in landlord-tenant cases can be quite large. This means that if you’re on the losing side of your case, your bottom line could be significantly impacted, and other tenants might take similar action against you. There’s simply too much at stake to forego the aggressive representation you need. So, if you could use assistance dealing with your legal dispute, then it might be time to speak with the attorneys that you think can provide you with the insight and representation you deserve.

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It can seem like a blessing when one finally finds a place to live in New York, especially if the house hunt has been a long one. Due to this, people may find themselves quickly singing a lease agreement, without reading it through, understanding the responsibilities it entails and the promises it covers.

General implied warranty of habitability

Every lease has a general implied warranty of habitability. This means the rental is in a habitable condition. Vital services should be in working order, in good repair and that it should be safe and clean.

Specific responsibilities

Landlords have to ensure that the relevant building codes are followed, including the general safety of the building, such as plumbing, electrical, and fire inspectors. Floors should be free from tripping hazards, the foundation structurally sound and waterproof windows and proper locks.

Repairs must also be completed by the landlord and be reasonable. Common areas of the building should be clean and safe and heat, hot water, gas, electricity and all vital services should be functioning.

Landlords have a reasonable amount of time to complete repairs that violate the warranty of habitability or pose immediate risks to safety. While the time limit depends on state law, some repairs such as a lack of running water or heat, are mot likely to have a short period of time to be repaired. If not done in a timely manner, the landlord may owe the tenant damages.

Landlord tenant law can be difficult to understand, especially if a tenant is afraid of challenging a stronger landlord. However, having an experienced attorney by one’s side, can be helpful when fighting for one’s rights.

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The landlord-tenant relationship is important for renters and property owners to understand. Both landlords and tenants should understand their responsibilities, as well as the responsibilities of the other party and what they can do if disputes arise.

Responsibilities of tenants

Tenants have certain responsibilities including:

• Compliance with the lease terms and the law and may be liable for negligence, abuse or willful acts;
• Refraining from unreasonably withholding access to the property from the property owner or agent for the purposes of making repairs or improvements;
• Responding to the owner concerning legally-required notices; and
• Paying their rent as required according to a lease or the landlord-tenant relationship.

Responsibilities of landlords

Landlords have certain responsibilities including:

• Ensuring that the building is safe, clean and well-maintained in the rented unit and common areas;
• Providing heat, hot and cold water and good lighting;
• Following required registration requirements for owners, including registering rents annually if the rent on the unit is rent-stabilized.

Landlords are also required to follow other requirements related to security deposits and repairs in the rental unit. If either the tenant or the landlord fails to meet their responsibilities, legal remedies may be available to assist including eviction options if the tenant fails to pay rent, refuses the landlord’s entry into the apartment or engages in illegal behavior in the rental unit as examples. It is essential for both landlords and tenants to be familiar with how landlord-tenant law protects them and can help them resolve landlord-tenant related disputes that may come up.

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Having a home and a lease are important for every renter which is why they should be familiar with the lease terms that should be included in their lease. A lease protects both renters and owners of properties they are renting out which why knowing what to include in a lease, and appropriate lease terms, is essential for both renters and owners to be familiar with.

Complete list of the names of tenants who will be living in the property

The name of any adult who will be living in the rented property should be included in the lase. Each adult who will be residing in the rented property should also sign the lease. Limits on occupancy may also be included and the lease should also prohibit illegal activity on the property.

The amount of rent due and when it is due

The lease should also include the rental amount and when the rental amount is due. Additionally, it should state if there are any fees for late payment and if there is a grace period provided for rental payments to be made. The lease should also address how and where payments can be made, any rental increases and if the property is rent controlled.

Lease terms and deposits or fees

The lease should include a clear rental or lease term as well. The lease should generally enumerate any deposits that will be collected, what they are being collected for, how they will be held and how they will be returned. The lease should also address damage versus normal wear and tear and what, if any, portions of deposits or fees collected are nonrefundable.

Right to entry and maintenance and repairs

The lease should outline what rights to entry the owner has to the property which is typically governed by state law. It should also address who is responsible for repairs, how they should be reported and how they will be addressed and remedied when they occur. The duty of the owner to maintain a property that is livable and the renter to maintain the property in a clean condition should also be enumerated in the lease. Additionally, the lease should address the pet policy for the property.

Understanding what should be included in a lease is important for any renter or owner of a property who has decided to rent the property. Landlord tenant law provides important protections to renters and owners that they should be aware of and familiar with.

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Landlords in the Forest Hills area will generally ask tenants for a security deposit before tenants can occupy the premises. However, landlords should have a basic understanding of security deposit laws in New York, so they can protect their interests.

Where should security deposits be placed?

New York law does not contain provisions on how big a security deposit can be. However, if a landlord owns property that has five dwellings or more, any security deposits made must be placed in an interest-bearing account. Interest accrued in such accounts will go to the tenants. Also, all landlords have to provide tenants with a receipt of deposit that states which financial institution the security deposit is being placed in.

When should security deposits be returned?

New York does not give a specific timeframe that security deposits should be given back to tenants. Instead, the law simply states that tenants should be given back their security deposit within a reasonable amount of time when the lease is up. Landlords can keep a some or all of a security deposit if tenants fail to pay rent or cause damages to the premises.

Understand your rights and responsibilities

Landlords naturally want to find tenants who are responsible, paying their rent on time and keeping the rental properties clean and in good repair. Security deposits protect landlords from being financially liable if tenants cause damage to rental property or fail to pay what they owe in rent. However, landlords should understand their rights and responsibilities when it comes to security deposits. Real estate attorneys in New York understand state landlord-tenant laws and may be a useful resource for information on security deposits.

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Landlords often think about what they should do if a tenant doesn’t pay rent. They want to know what steps to take and what options they have.

That’s important, certainly, but it’s also wise to think about why someone may fail to pay rent. This can help a landlord come up with a solution, anticipate failed payments and find the type of tenants who will pay on time. Here are a few of the main reasons for a failure to pay:

1. The tenant lost their job. They fully intended to pay and wanted to do so. When they signed the lease, the rent was within their budget. A job loss can absolutely ruin that budget in just a single month, though, and the tenant may not pay until they get a new job.
2. The tenant’s work hours were cut. When pay declines, people have to make choices. The rent is fairly high up on that list, but it may still be unaffordable as the tenant deals with other costs — from grocery bills to child care.
3. The tenant wants repairs to be made. Some tenants skip rent payments intentionally if they’re trying to get a landlord to make repairs or take some other type of action. The easiest way to set this all straight is for both sides to sit down and talk about how they’ll proceed moving forward.
4. The tenant thought they did pay. Maybe a check got lost in the mail. Maybe the tenant was remembering their rent payment the month before and didn’t realize they failed to pay this month. There are plenty of situations where the tenant has no idea anything is wrong.
5. The tenant isn’t planning to pay. There are situations where a tenant may just decide not to pay rent and wait until they are evicted. Often, though, these situations tie into the reasons noted above, such as job loss. Not many people make this decision when they fully have the money to pay.

For a landlord, the reason that the tenant skips or misses the rent helps determine what legal steps they can take. They need to make sure they know about all of the options that are available.

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Most landlords in Queens are careful to make certain that all tenants sign a written lease that, among other terms, specifies the date on which the lease expires. A tenant who leaves the rented property before the expiration date may face an action for unpaid rent and damages. If the landlord is unable to rent the property before the expiration date, the tenant may be required to reimburse the landlord for the rent that would be owed during the period of vacancy. Defending such a lawsuit is difficult, but New York law provides one very powerful defense: proving a case of constructive eviction.

New York landlords owe their tenants certain duties. Among these duties are clean and habitable premises, adequate heat in the winter, essential utilities and unrestricted access to the premises during the lease term. The landlord must also protect and respect the tenant’s right of “quiet enjoyment.” Quiet enjoyment means the right to occupy the premises free from harassment by the landlord or persons acting for the landlord. These duties are usually combined in what the law calls a “warranty of habitability.” If a landlord breaches the warranty of habitability, the breach may be deemed to be an act of eviction, that is, the landlord may be deemed to have committed acts that are sufficient to support the legal conclusion that the landlord breached the lease and “constructively” evicted the tenant.

The effect of constructive eviction

Constructive eviction can be used against the landlord in two ways: prospectively, if the tenant wants to terminate the lease, or defensively, if the landlord sues the tenant for breach of the lease.

To raise a claim of constructive eviction, the tenant must first abandon the premises. The tenant must then prove the five elements of constructive eviction:

• That the landlord owed a duty to the tenant, such as providing essential utilities or a residence free from toxic materials such as lead paint or asbestos
• That the landlord neglected this duty
• That the landlord’s neglect made the apartment unlivable
• That the tenant gave the landlord notice of this neglect and plenty of time to fix it
• That the tenant left the apartment within a reasonable amount of time after the landlord failed to fix the problem

Anyone who believes that they may have been the victim of constructive eviction may wish to consult an experienced landlord/tenant attorney for an evaluation of the lease and the terms of the alleged eviction.

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Being a landlord in New York can be a profitable endeavor, and many people in New York choose to rent rather than buy property. It is important for landlords and tenants to be familiar with what should be included in a lease. A poorly drafted lease could lead to problems, including the potential for disputes and litigation, down the road.

First: Who are the parties to the lease?

A lease agreement must identify who the landlord and/or landlord’s agent is and it should name any tenants age 18 or older that will be occupying the premises. The landlord’s and tenant’s address should also be included in the lease.

Second: What is the property being leased?

If the property being leased has a name, this name should be included in the lease. The entire mailing address for the property being leased should also be included. This means the lease should include the property’s house number, the street name, the apartment number if applicable, the town/city the property is in, the state the property is in and the property’s zip code.

Third: How long will the property be leased for?

A lease should name how long the tenants can occupy the property, using exact dates. Vague terms such as “one year” may not be enough to be enforceable. Oftentimes, a yearly lease will automatically be converted to a monthly lease at the end of the year.

Fourth: How much will rent be and when should it be paid?

A lease needs to include provisions stating the amount of money the tenants must pay in rent each month, and when rent is owed. It is important to list both the full amount of rent over the entire term of the lease, and then break that amount down to arrive at the monthly rent owed.

Fifth: What will the tenant be responsible for?

Per landlord-tenant law, tenants are responsible for keeping the premises free from safety hazards. They cannot damage the premises and must follow housing codes. If the landlord wants the tenant to be responsible for any other duties regarding the premises, this should be included in the lease.

Ensure your lease is comprehensive before signing

It is important for both landlords and tenants to carefully review the lease before signing. Each party will want to know what they are responsible for and they will want to ensure they are agreeing to the same terms. Vague terms or misunderstandings could lead to allegations that the lease was breached, leading to litigation. Landlord-tenant attorneys in the Forest Hills area can provide legal advice on leases, which this post does not provide.

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A lot of New Yorkers fall on hard times. This can leave them struggling to make ends meet, which oftentimes puts them at risk of eviction. But if you are facing the very real possibility of eviction, then you need to know that you might have a number of defenses available to you. One of them is to claim that your landlord has failed to maintain the premises in a way that keeps it habitable.

What makes a residence uninhabitable?

In broad terms, habitability means that your residence and the building where you live are kept safe and livable. There are many factors that go into a habitability consideration, though, including the following:

• Access to water
• Access to hot water
• Access to heat
• Electricity issues
• Flooding and leaking
• Existence of pests
• Existence of mold
• Broken appliances
• Leaking or broken bathroom fixtures
• Broken or missing locks
• Harmful fumes
• Dangerous premises

Any one of these issues may be enough to establish that your residence and/or building are uninhabitable.

Uninhabitable premises as defense and counterclaim

Claiming uninhabitable conditions might not only protect you from eviction, but it might allow you to recover compensation from your landlord. In order to succeed on one of these claims, though, you’ll need to demonstrate that your landlord either knew or should have known about the conditions and, despite that knowledge, he or she failed to remedy the conditions.

Proving your case

If you’re dealing with uninhabitable conditions, then you need evidence to support your claim. This might include communications that you’ve had with your landlord, pictures of your residence or building, and witnesses who can back up your observations. You’ll need to know how to develop compelling legal arguments that utilize this evidence in light of the law, as well as anticipate your landlord’s arguments. Fortunately, you don’t have to deal with these matters on your own. Instead, you can find aggressive advocacy from an experienced attorney of your choosing.

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In Queens and throughout New York, real estate and rental properties are a major source of dispute between landlords and renters. This is especially true if the apartment is rent controlled and a person does not want to move out. Because these apartments can result in a significant rent increase if they become available, it is understandable if landlords want to have an opportunity to raise their profit. From both perspectives, it is wise to have legal advice in these complicated matters.

Woman and landlord in battle over her apartment

A woman who has resided in a Queens apartment for four decades has been in an ongoing dispute with her landlord. It is a rent-controlled co-op. The owner is a limited liability company that acquired it in 2002. The woman’s son asserts that the landlord wants his mother to vacate the property so they can charge a higher rent. This accompanies other issues that have occurred in the past including water damage from a leaky air conditioner nearly 10 years ago. Other problems have cropped up and the landlord has not repaired them. One was a potentially dangerous gas leak.

There were more than 30 violations found in the apartment in the past three years. A lawsuit was filed with the woman’s son saying that the landlord is refusing to make the necessary repairs as part of an ongoing attempt to get her to leave. With new laws passed in 2019, renters were accorded greater protection, especially regarding rent stabilization. The landlord is also accused of listing the apartment as for rent and showing it to prospective renters. Letters were sent to the landlord to stop, but they have yielded no results. The lease is set to expire in October with the legal requirement that she be offered a renewal. The repairs have yet to be completed and the woman is unsure as to what will happen.

Landlords and tenants should have legal advice

There are two sides to every story with a landlord-renter situation and it is important that each is represented. There could be a misunderstanding regarding the agreement, the landlord could be committing violations, or the tenant might have caused damage that could lead to eviction. There are many factors to consider in these circumstances. When engaged in a property dispute, it is wise for those involved to be legally protected with help from a law firm experienced in landlord-tenant disputes to try and reach a reasonable resolution.

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