As a landlord, you’re able to make money by providing one of the basic necessities of life to your tenant. Doing so requires a lot of work. You might try to handle some repairs or maintenance yourself to keep costs low. You also probably screen tenants to ensure they have a history of paying rent and enough income to cover their costs.

In order to generate a profit while charging an affordable level of rent, you will have to balance the need for repairs, upgrades and maintenance against the revenue generated by your rental units. Unfortunately, sometimes your units don’t generate the money that they should.

Often, the issue stems from a tenant not paying rent. Sometimes tenants know that they need to quickly address and unpaid rent issue. Other times, they believe they are in the right to withhold rent for one reason or another. Do tenants ever have the legal right to withhold rental payments in New York?

Yes, your tenant can withhold rent to make repairs

If your tenant advises you that there is an issue with the property that affects their safety or ability to live in the space, you generally need to take steps to remedy the issue and ensure that the unit is habitable. They have to allow you a reasonable amount of time to make those repairs.

Landlords typically need to make such repairs at their own expense unless they have proof that the tenant caused the issue. If a landlord fails to take timely action or if the issue is so severe that a tenant cannot wait, they have the option of covering the costs themselves and then withholding the amount paid from their next rental payments.

It’s important to note that there are limits on this right, including the requirement that the issue is severe enough to impact the safe habitability of the space. Your tenant should have receipts and evidence of using the withheld amount on the repair of the unit.

If your tenant has an unpaid balance and they do not have proof that they have used the funds that should have gone to you to make repairs to the property, you may need to take action against them to recoup that lost rent or possibly evict them from the unit.

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There many people renting in New York. When people start their rental at a particular apartment or home, they usually sign a lease. This is the official contract between the tenant and landlord and sets out the terms of the lease and the responsibilities of both the tenant and the landlord. However, there is one responsibility that all landlords have regardless of whether it is specifically stated in the lease or not.

It is also a responsibility the landlord has even if the lease specifically states that the landlord does not have it. This is responsibility is that the landlord must ensure that the apartment is habitable. This means that the landlord must keep the apartment in good condition for the tenant. Therefore, when things break, the landlord must fix the problem to ensure the apartment is habitable.

If the landlord fails to make the necessary repairs, the tenant does have a couple of options to attempt to rectify the situation. One is to make the repairs themselves and then deduct the cost of the repair from their rent payment. If the problem is significant though and makes it impossible to live in the rental, the tenant could withhold the entire amount of the rent until the repairs are complete.

In either situation, it is important that the tenant makes the landlord aware of the problem before attempting to fix it or to withhold rent. The landlord needs to be given the opportunity to fix the problem. Also, it is important to keep the invoices and receipts and document what the tenant did to fix the problem. Ultimately the landlord and tenant could end up in landlord-tenant dispute in court to resolve the issue.

There is a warrant of habitability implied in every lease in New York. This means that landlords have a duty to keep the rental property in good repairs and fix problems that make a rental difficult to live in. These problems can lead to landlord-tenant disputes though and consulting with an experienced attorney could be beneficial for both sides.

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Disputes between landlords and tenants have existed for centuries. While some disputes are resolved outside of the courtroom, there are many disputes that eventually go to trial. As with any other legal dispute, when a landlord–tenant dispute goes to trial in a New York Housing Court, it becomes necessary for a landlord to be adequately prepared in order to protect the property and his or her interests .

Evidence to be collected for the trial

In a New York Housing court, it is usually a Judge who hears the matter, and the judge comes to a decision based on the merit of the evidence placed in the courtroom. Therefore, it is imperative that a landlord has the following evidence ready to prove his or her claim. The evidence, in this case include, but are not limited to:

• Original or a certified copy of the the deed of the property
• The lease for the party that the landlord has filed a lawsuit against
• Certified copies of the registration statements
• Records maintained for the property
• Photographs, agreements, and receipts
• Other documents that are relevant to the claim made by the landlord
• Witnesses who are able to support the landlord’s claim

It is important to note that all documents presented in court must either be originals or must be certified by an appropriate authority.

A landlord’s approach to trial

With all the evidence collected, a landlord may be able to appear in court on a string footing. However, resolving a landlord–tenant dispute may sometimes require more than just evidence. It is in such cases that a landlord may experience that his or her interests are not being adequately addressed in the trial. In order to avoid such a situation, it may be a wise decision on the landlord’s part to retain an experienced attorney.

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Being a landlord in New York can be a lucrative endeavor. However, landlords also have responsibilities to tenants. Specifically, landlords have to make sure their property is kept safe, is up to code and that necessary repairs are timely made. The following are some tips for landlords when it comes to the safety and upkeep of their properties.

Regularly inspect your rental properties

First, landlords should regularly perform inspections of their rental property, keeping an eye out for any dangerous conditions and ensuring the building is up to code. This is important because if a tenant is injured by a dangerous condition on the rental property it is possible that the landlord could be held liable in some situations. Specifically, landlords may incur liability if:

• They recklessly or intentionally created the dangerous condition;
• They were unreasonably careless;
• The premises are in violation of health and safety regulations;
• They did not make certain repairs; or
• The premises are uninhabitable

Ensure your rental properties are habitable and make repairs

Similarly, landlords need to make repairs when necessary to ensure the premises are fit for occupancy. This duty is legally known as the “implied warranty of habitability.” In general, rental property needs to have adequate heating, plumbing, electricity and gas. Tenants can take action against a landlord if a landlord fails to make repairs regarding these basic features or repairs on other necessary fixtures on the rental property.

Keep your rental premises safe from crime

In addition, landlords need to be aware if the tenant is breaking the law on the rental premises or if there is criminal activity going on in the area where the rental property is located. Landlords can be liable to neighbors if tenants are breaking the law, and landlords have a duty to protect tenants from criminals that might try to enter the rental property. This may mean keeping a written record of crimes committed on the premises and ensuring suitable locks and lighting are installed on the premises.

Landlords have many duties as owners of rental properties. If they are careless or ignore repairs or safety concerns, they could face liability. This post is for informational purposes only, so landlords who want to learn more about their legal duties will want to seek professional advice.

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We know that New York is a rental mecca.  Everywhere you turn there are apartments or other housing for rent, often at very steep prices for the square footage.  This brings us to our question.  Can your landlord just decide to raise rent every time your lease comes up for renewal? There is not definite yes or no answer to this question. The most factual answer is “it depends.”

Every landlord-tenant relationship is different, as is every lease agreement.  For the most part, yes, your landlord may raise rent at the end of your lease period.  However, the amount by which it may be raised can vary.  If the housing unit is not rent-regulated, meaning rent is solely at the landlord’s discretion, then he or she can raise it at their own discretion.  The only law regarding this matter is that you must be provided with at least 30 days notice if the new amount will be more than a 5% increase over the previous one.  If the landlord does not intend to renew the lease at all, you must be provided with 60 days notice if you have been renting from 1-2 years, or 90 days notice if you’ve been there at least 2 years.

If the rental unit is rent-stabilized, the landlord must provide notice of option to renew lease at least 90 days prior to its expiration.  At that time rent may be raised, but only by an amount determined by the city rather than at the landlord’s discretion.  Finally, New York City offers a rent freeze program for disabled people and renters who are 62 or older.  Under it, the amount of rent the tenant pays will not change.  If rent increases, then the city covers the difference as a property tax credit.

If you feel like your landlord is acting outside the law when it comes to rent increases, consult with an attorney who can help determine if your rights are being violated.

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As a landlord, it’s your hope that your tenant pays their rent in full and on time every month. When this happens, it’s one less thing for you to worry about.

Unfortunately, even good tenants can fall behind on rent payments from time to time. There are many reasons for this, ranging from a job loss to a pay cut to a health concern that keeps them out of work for an extended period of time.

If your tenant fails to pay their rent, here’s what you should do:

• Review your lease: It outlines the steps you can take if your tenant falls behind, such as charging them a late fee. Remember, your lease is a legal contract, so you need to follow the terms and conditions that the two parties agreed upon up front.
• Talk to your tenant: Don’t immediately assume that your tenant is trying to avoid you. Call them on the phone, send an email or visit them in person. Express your concern, ask them what’s happening and see what you can do to help. Jumping to conclusions will only make things worse.
• Try to work it out: For example, if your tenant is facing financial difficulties, you may offer to let them pay less than the full amount for a month (or several months). If you go down this path, make sure you write it into your contract and have them sign it, as you want to ensure that you get the money before they move out. A verbal agreement is not enough.
• Take legal action: It’s not something you want to do, but you may need to file an eviction notice. This allows you to remove your tenant from the property, hoping that you find someone in the future who will always live up to the terms and conditions of the lease.

As a landlord, you’re likely to face challenges every now and again. When these relate to a tenant who’s not paying their rent, it’s critical that you take the right steps in the appropriate order. Doing so will position you to protect your legal rights, and hopefully minimize your loss.

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When landlords decide to rent an apartment or other property to a potential tenant, there are number of different factors that will go into that decision, but the most important one is that they need to have assurances that the tenant will be able to pay their rent each month on time. However, landlords also have to be concerned about damages that may occur during the tenancy. Sometimes accidents happen and in others a tenant may purposely break something within the rental property.

Sometimes the landlord will not know that the damage occurred until after the tenant moves out though. So, to help ensure that the landlord will not be stuck having to pay for the damages themselves, landlords generally require tenants to pay a security deposit at the beginning of the tenancy and generally these are a condition of the lease agreement between the landlord and tenant. However, these are just deposits though intended to protect the landlord in case there is significant damage.

During the tenancy the landlord must keep the security deposit in a separate account which gains interest at a rate less than 1% of the total deposit each year. At the end of the tenancy the landlord needs to inspect the property and can keep a portion or all of the deposit to repair damages that are beyond normal wear and tear. However, they must notify the tenant and provide them with a list of the damages and estimated costs within 14 days of the end of the lease. At that time, they also must return any unused portion of the deposit to the tenant.

Security deposits are very common conditions of a lease agreement in New York. They are meant to protect the landlord, but it is important that the landlord follows the rules associated with security deposits. If they do not, the tenant may have a basis to bring the landlord to court to retrieve their security deposit. Experienced attorneys understand these laws and may be a useful resource.

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A lease is an important legal document with significant implications for the renters and property owners. As a result, both tenants and landlords should be familiar with what should be included in a lease.

To begin with, the lease should include the names of all the tenants who will be renting the property. The lease should also include any occupancy limits on the property and restrictions on illegal activity. Secondly, the lease term should be clearly spelled out in the lease. The lease should also include the amount of rent due and when it is due. Additionally, the lease should specify acceptable forms of payment; where payments should be made; if there is any grace period for payments; any late fee for late payments and the amount of the late fee; any rent increase; and if the property is rent controlled.

In addition to the amount of rent and when it is due, the lease should also specify if any deposit is collected and how the deposit can be used. The parties should also specify the landlord’s right of entry into the property and how maintenance and repairs of the property will be handled including who will be responsible for them and the costs associated with them. Rules concerning pets should also be specified in the lease. Additional provisions such as notices, parking, common areas or subletting should also be included in the lease.

Landlord-tenant law provides important protections for both landlords and tenants that they should be familiar with. Both should be familiar with what should be included in a lease to protect their interests which landlord-tenant law can help them do.

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New York’s eviction moratorium has been extended until August 20th. It is important for those impacted by the eviction moratorium to know what it means for them and how the extension works because some aspects of the new executive order beginning on June 20th mark a change from the original moratorium.

According to the new executive order which applies from June 20th to August 20th, those who qualify for unemployment benefits or are experiencing a “financial hardship” because of the ongoing health crisis cannot be sued or evicted. The new order may require tenants to prove these circumstances apply to them to avoid eviction. Renters who fall into these situations cannot be evicted for nonpayment or for reasons other than nonpayment.

It is important to note that until June 20th, all residents of New York are ineligible to be evicted. After June 20th, and until the 20th of August, renters in New York will need to meet one of the two categories named in the new executive order to avoid eviction. It is important to note that landlords will need to obtain an eviction order from the court in order to legally evict a tenant. Until the 20th of June that applies to circumstances of nonpayment or if the lease has ended.

Landlord-tenant law is a resource for both landlords and tenants to better understand the eviction process. It is valuable for both landlords and tenants to understand the impact of the current pandemic on the eviction process and a landlord’s ability to evict a tenant for nonpayment or other situations.

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Both landlords and tenants need to be familiar with the eviction process because it is such an important process to both. Once an eviction case has been started, it is useful for landlords and tenants to know what follows and be able to anticipate the eviction process and how to protect their interests.

After the case has been started, if the tenant needs more time to respond, the tenant can request the court postpone the case for at least 14 days which is referred to as an adjournment and a new court date may be set. There are several possible options once the landlord and tenant come to court including they settle the case, they go to trial or if the tenant does not attend, the landlord may receive a default judgment against the tenant.

Once the landlord has a judgment, they are able to evict the tenant but there are other steps in the process to be familiar with. Without a judgment, the landlord cannot evict the tenant. The judgment will tell the tenant how much money they will have to pay or when they will have to move out. The judgment provides a date when the landlord can obtain a warrant of eviction. With a warrant for eviction, a law enforcement official can be engaged to evict the tenant. The law enforcement official will provide a notice of eviction giving the tenant 14 days to leave the property or the law enforcement official will evict them.

Landlord-tenant law governs the eviction process which provides protections for landlords and for tenants. Both property owners and renters need to be familiar with the protections landlord-tenant laws provide them and how to protect their important interests through the legal resources available to them.

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