As many renters with pets are aware, it’s not uncommon for a landlord to impose a no-pet policy on their rental property – and it’s their right. A no-pet policy establishes that a tenant isn’t allowed to have any type of pet in the unit or specifies which animals or breeds are restricted. If the tenant violates the terms of this clause, they could face eviction.

However, as a landlord, you may encounter tenants that require an emotional support animal (ESA) to help with mental health conditions such as severe depression, anxiety or PTSD. Unfortunately, some people claim their pet is an ESA to work around a no-pet policy. Here’s everything you need to know about ESAs and when you have the right to deny them.

ESA versus service animal

While both ESAs and service animals provide comfort and support to their owners, there are a few key differences in the law’s eyes. A service animal is an animal that has been trained to perform tasks for a person with a disability. Service animals get legal protections through the Americans with Disabilities Act (ADA) that allows them to go where their owner goes due to necessity.

ESAs are animals that simply provide comfort to their owners by being around. An animal doesn’t require any specific training to be an ESA. So, while a service animal can also be an ESA, an ESA cannot be a service animal without specialized training.

What protections does an ESA have?

Under the Federal Fair Housing Act, individuals with disabilities have protections from discrimination, including those who require an ESA to function. It states that landlords cannot refuse a potential tenant based solely on their disability and must make reasonable accommodations for them.

Reasonable accommodation includes anything that doesn’t put a financial hardship on the landlord. If you have a no-pet policy on your property, but a tenant medically requires an ESA, allowing the ESA would be a reasonable accommodation.

When can a landlord reject an ESA?

If the tenant has a disability and the ESA does not cause financial hardship, then it is a reasonable accommodation and you must allow the ESA. However, a landlord may be exempt from renting to a tenant with an ESA if:

• Buildings have four units or less where one unit is owner-occupied.
• The animal is too large for the specific accommodation.
• The animal places financial hardship on the owner.
• The animal causes damage or poses a threat to other tenants.

ESAs provide substantial comfort to those who need it most, but it’s in your rights as a landlord to verify that they are necessary. If it is a proven and reasonable request, you must allow the ESA on your property.

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There are laws that protect people with disabilities who need a service dog or an emotional support animal. Those laws extend to their living accommodations.

Landlords must follow laws that support tenants’ rights to own service dogs and emotional support animals. Understanding the Americans With Disabilities Act (ADA) and the Fair Housing Act (FHA) can help you comply.

Tenant rights related to service animals and emotional support animals are confusing. Understanding the laws and requirements can help you meet your legal obligations.

American with Disabilities Act

The ADA does not recognize emotional support animals as service animals. According to Title II and Title III of the ADA, a service animal is any dog that is trained (or being trained) to support its owner’s special needs.

That includes support for their intellectual, physical, psychiatric, sensory or mental disabilities. It covers all public access issues. The owners of these animals have extra protections.

Tenant rights related to service animals and emotional support animals are confusing. Understanding the laws and requirements can help you meet your legal obligations.

Fair Housing Act

Another national law, the FHA, uses the broader, more inclusive term “assistance animals.” It protects housing rights for people who have service dogs and emotional support animals.

Landlords must provide “reasonable accommodations.” Service dogs and emotional support animals meet that standard. In most cases, you must allow residents to have them even if the building has a no pets policy.

Tenants must qualify for an emotional support animal

Emotional support animals are not service animals. People with anxiety, depression and Post Traumatic Stress Disorder must have a letter from a licensed mental health professional. Knowing your tenants’ rights can ensure you meet your legal requirements.

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There are many issues that tend to arise between landlords and tenants. Making sure that the living space is free of construction defects, having the lease signed, paying rent on time, renewing the contract, having complaints filed and heard on time, all of these issues can arise between the two parties. What happens when a tenant abandons the property without notice? What happens to the abandoned property? It is important for landlords to know what to do in these situations.

Abandoned property:

There are instances were the landlord is surprised to see that the tenant has simply left the premise without giving notice. In the state of New York, the personal belongings that were left in the apartment by the tenant still belongs to the tenant and the landlord cannot sell it, take possession of it or discard it. In addition, sometimes the landlord has to deal with cleaning up the abandoned space or even repairing damages made by the tenant.

Remedy:

Unfortunately, the state of New York has no law that regulated forgotten or abandoned property in an apartment. Therefore, the landlord has no right to dispose of the property in any way. However, one of the remedies that are encouraged are for the landlords to update leases and include a clause that mentions abandoned property. Landlords should include what exactly will happen to the property that was left behind by the tenants. One of the most common things used by landlords is that they will sell the abandoned property.

It is also encouraged for landlords to look up common practices in New York and how others have dealt with similar situations of abandoned property.

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As a landlord, tenants who fail to pay rent can affect your bottom line. Yet, those who show disregard to your property may cause the most headaches. These tenants might make changes to your unit that violate the terms of their lease. Or, their actions could destroy surfaces, fixtures and appliances in the unit. If you’re dealing with a tenant who’s damaged your property, it’s crucial to understand your options.

What qualifies as damage?

When evaluating damage, it’s crucial to understand how it differs from normal wear and tear. Small stains, scratches, dust and even warped windows qualify as expected wear to a unit. These are often the byproduct of normal use, rather than any recklessness on your tenant’s part. Damages pertain to abnormal wear, and include:

• Marks or stains on walls
• Burns or stains on carpet
• Painting without permission
• Broken windows or screens
• Broken appliances
• Excessive mold

What action can you take?

If you find a tenant’s unit damaged after they’ve moved out, you can deduct the total repair cost from their security deposit. If this amount exceeds the security deposit, make sure you document any additional expenses, so you can bill your tenant for them. They may refuse to pay, though, in which case you will need to pursue a claim against them for further damages. If you discover the damage while the tenant is living in the unit, you must provide them a Notice to Cure. This document gives them 10 days to correct the violation of their lease. You cannot pursue further action against the tenant if they take corrective action. But if they do not, you will want to file a Notice of Termination, which gives your tenant 30 days to vacate the premises. If they fail to do so, you must file an eviction lawsuit to begin the proceedings for their removal.

When you’re having trouble with a tenant damaging your property, it’s crucial to act swiftly. Moving fast can help prevent major losses and will allow you to hold your tenant accountable. An attorney who understands landlord-tenant disputes can help you take the steps to do so.

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Among the highest risks a landlord takes when leasing their property is the tenants they choose. Though background checks and references provide plenty of information on potentially problematic renters, some issues can still slip through.

Savvy landlords can catch these challenging tenant behaviors with some pointed questions and observations. These questions seek need-to-know information without invading a tenant’s privacy or violating the law.

7 questions to ask a potential tenant

Eventually, the decision to lease to a tenant always comes down to trust. These seven questions can help landlords make leasing decisions in confidence:

1. Why do you want to move? Knowing a tenant’s reason for moving can help landlords recognize potential conflicts before they happen.
2. How long is your current tenancy? Knowing how long someone stayed in one location can show a lot about their personality, living habits and plans.
3. What is the household’s monthly income? Landlords typically expect a tenant to make two and a half times the monthly rent.
4. How many people are in your household? All buildings have tenancy limits. Additionally, more tenants equal more maintenance and higher costs to upkeep.
5. Do you have employer or landlord references? If a tenant hesitates to provide employer or tenant references, they may have something to hide. Do not rent without references.
6. Do you consent to a credit and background check? Tenants who refuse a background check also have something to hide. Do not enter into financial agreements with anyone refusing a background check.
7. Have you ever received an eviction notice? Evictions cannot remain secret but asking this allows the renter an opportunity to explain their side.

Landlords can bring legal questions to an attorney

Landlords with additional questions about thoroughly vetting potential tenants can find answers with a local lawyer familiar with real estate law and landlord/tenant disputes. An attorney can help review legal claims, draft rental agreements and lend counsel.

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Tenants expect privacy when they agree to lease a space. At the same time, landlords want to make sure that their premises are safe and retain their value. There are valid reasons that they have for wanting to get in and inspect their property. Both tenants and landlords alike often ask question where boundaries lie concerning when and why these entries can happen.

While laws and regulations in each jurisdiction may vary, landlords are generally entitled to enter a tenant’s space in four primary instances. Property owners can go into a renter’s unit if they suspect there are safety or health concerns, to perform maintenance to it, to rent or sell it or if a court order allows them to do so.

Landlords are allowed to lawfully enter a tenant’s unit in other cases though.

A landlord may do so if they need to make repairs that will allow the space to remain habitable. This is the case whether the tenant requests them to be performed or not. The same logic applies if the landlord has intentions of making improvements to the property, whether functional or aesthetic ones.

Landlords may also lawfully gain access to a tenant’s unit if they need to drop off a large package, evict or perform a service that you’ve requested of them. Property owners can generally enter units if they are aware that the tenant has abandoned the premises as well.

Most local laws limit landlords to entering a tenant’s premises during reasonable hours. They may go into a unit outside of those times in emergencies such as a fire, flood or gas leak though.

Tenants are generally restricted from changing locks on their unit without the expressed permission of their landlord.

If you and your landlord are having difficulty getting on the same page about when they’re entitled to come into your unit, then you may want to consult with a Queens lawyer. An attorney can advise what your rights are here in New York. Your lawyer can also let you know what legal remedies are available to you if they’ve been violated.

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You own a rental property, and you worry about illegal activity. Maybe there have been some breaking and entering incidents in the area. You don’t want it to happen at your property. Both to deter thieves and to make sure you have evidence if it does happen, you decide to put up security cameras.

Can you do that? Someone else lives there. Would having cameras on the property be an invasion of their privacy? You may own the property, but they still have a right to privacy while legally living in your building.

Exterior security

Typically, yes, you can put up exterior cameras and security devices. A camera near the front door that looks out at the street, such as a doorbell camera, can give you the security and peace of mind you’re after. The tenant does not have any reason to expect privacy at the front door, while still visible from the street, so it’s not a problem.

If you own an apartment building with multiple units, you may also be able to put up cameras in the common areas. For instance, maybe there are exterior stairways or even interior hallways with doors going off into various apartments. Again, these are not places that people think of as private, and they are areas where illegal activity may begin, so cameras are not a problem.

No inside cameras

That said, be very careful that you never put up any cameras inside the building itself. This has happened in long-term rentals and short-term rentals in New York and led to lawsuits and arrests. You cannot do it. It is a violation of the tenant’s privacy. They have a reasonable expectation of privacy within the space they have rented, just as they would in a home they owned, and you cannot violate that.

While this may seem obvious, mistakes happen. Maybe you’re worried about someone breaking in through a window, not the door, so you position a camera in the main living area, facing at the window. You don’t mean to record anything other than a break-in, but you still cannot do it. That is the tenant’s area to use as they see fit and they should have privacy in all parts of the home — not just bedrooms and bathrooms.

Resolving disputes

Camera use, even when you follow the law, can lead to disputes. Maybe a tenant complains that they don’t like the doorbell camera keeping tabs on when they come and go. Maybe they complain that an exterior camera can see in through a window. When these issues arise, with so much at stake and when dealing with such a sensitive topic, you need to know what legal options you have.

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Queens, New York, is known for making many contributions to the world of music and sports. For example, the punk rock band, the Ramones, hails from the Queens area as do rappers 50 Cent and Nikki Minaj. Comedian Jerry Seinfeld and musician Paul Simon graduated from Queens College. In sports, the Citi Field Stadium – one of the most recognizable ballparks in the nation – proudly calls the Queens region home.

Unfortunately, Queens is also known for bed bug infestations within its numerous rental units. These infestations have resulted in litigious landlord-tenant disputes over the years. Landlords are often targeted in these lawsuits, which can result in huge financial losses if the tenant wins his or her case.

Our attorneys would like to offer our landlord neighbors a few tips for avoiding landlord-tenant disputes revolving around the presence of these tenacious pests. By working to ensure that you remain protected if your tenants complain about bed bugs, you can save your reputation as a responsible landlord. You can also keep your money where it belongs – safely in your financial accounts.

• Make sure your rental units are inspected regularly for bed bugs
• Before renting out a home, search for bed bugs yourself in the unit’s walls, floor cracks and electrical outlets
• Take photos of the bed-bug free unit before your tenants take residence
• Consider having an attorney look over your rental agreements to see what kind of protective clauses you may wish to include in your contracts

In most litigious landlord-tenant disputes involving the presence of bed bugs, landlords are not well-protected. However, it is possible to overcome these conflicts if property owners take steps to prevent infestations before they have a chance to occur.

In cases where a tenant brought the pests into a building, landlords may wish to consider asking an attorney for guidance. You can learn more about your legal options when facing landlord-tenant disputes by reading more of our website.

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Landlords help keep the economy of New York going by offering millions of people fair and safe housing. But many of them are concerned about doing business in a new legal atmosphere that may cause new problems between landowners and their tenants.

New tenant protections affecting the city and state of New York are rankling some landlords. They are claiming the new Housing Stability and Tenant Protection Act, passed in Albany last June, are due to cause friction between them and their tenants.

The law, among other provisions, prevents landlords from seeking security deposit amounts in excess of one month’s rent. Tenants now receive a 14-day notice to pay late rent before landlords are able to begin legal proceedings against them. A history of evictions or disputes with landlords in the past can no longer be counted against a person while seeking new housing.

One landlord relates that evictions based on failure to pay rent previously took a minimum of a month to execute. New laws may extend this time to two or three months, during which landlords may not expect payment for their valuable properties.

“When you create policies and procedures that make it deleterious to investors to invest in that region, it leads to disinvestment,” said a real estate developer working in New York cities.

Landlords looking to protect their investments may always consult an attorney. Help with legal representation can reduce the valuable time that landlords may spend on disputes with renters who are not paying and protect them from inadvertently violating new laws that apply to their business practices.

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Many Queens landlords require their tenants to place a security deposit on their apartment before allowing them to move in. Property owners often have their renters pay a security deposit in order to cover their costs if a tenant doesn’t comply with their lease. If they don’t, then a landlord may not have to return a tenant’s security deposit. Let’s look at some examples.

Your rental agreement should detail what constitutes a timely rent payment. If your tenant stops paying on time, then they may be in breach of their contract. You, as the landlord, may be able to keep their deposit and apply it to their outstanding rent.

Most tenants have to do a walkthrough of a unit and sign off on the condition before being allowed to rent it. If your tenant leaves your property in a different condition than you handled it over to them, then you may be able to withhold their security deposit to use for cleaning or repair expenses.

Landlords tend to have their tenants sign leases so that they can better anticipate when to advertise and how to budget their money. You, as a landlord, may choose to withhold a tenant’s security deposit simply for moving earlier than you expected.

Another reason why you may want to hold on to your tenant’s security deposit is if they have any lingering fees that they’ve failed to pay. Landlords often do this if there are metered utility costs that a tenant neglects to cover.

Landlord-tenant issues often start as small, easily resolvable concerns that seem to quickly spiral out-of-control. It’s when the New York court system gets involved that things can get quite costly. If you have a problem renter, then you should get a landlord-tenant disputes attorney involved right away. This will help you stay on the right side of the law and protect your rights.

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