No one wants to be the villain, but being a landlord sometimes requires difficult decisions. Few decisions are tougher when it comes to evicting a tenant who hasn’t paid their rent. To evict a tenant for failure to pay their rent, you must start a nonpayment case.

Evicting a tenant is more complicated than changing the locks while they run their errands. New York law requires that you follow the proper eviction protocol, no matter how frustrating the situation is. To evict a tenant for nonpayment of rent you must start with a rent demand.

What‘s in a rent demand

The law requires that you use a rent demand to attempt to collect the past due rent on your own. A rent demand must include a statement warning them you are attempting to collect the overdue amount and will evict them if they do not pay. You must also list the months and amounts that the tenant owes rent for, as well as any utilities or taxes that the lease entitles you to.

Depending on the lease, you may issue the rent demand verbally or in writing, but it’s generally a good idea to provide a written demand. Issuing the demand in writing makes it more difficult for the tenant to claim that they never knew they owed back rent. If you do choose to provide the demand in writing, you must give a three-day notice or more before you can begin eviction proceedings.

If the tenant has left

In some cases, the tenant may realize that they haven’t paid their rent and leave before you had the chance to evict them. While it’s too late to evict them if the tenant has given you notice that they’ve vacated the unit or given you back the keys, you have other options. You may still file a small claims case against them to recover the rent that they owe you.

Being a landlord is difficult sometimes, especially when it comes to having to evict a tenant for not paying their rent. Following the proper legal procedure can help recover the money you’re owed and ensure that you don’t bring legal consequences upon yourself.

Posted in Firm News | No Comments »

As a landlord, there’s no better feeling than finding the perfect tenant. The person takes care of the property, always pays on time and is serious about following the terms and conditions of the lease.

Unfortunately, even if you have a good relationship with your tenant, things can turn sour without notice. While there’s no surefire way to prevent a dispute, here are some things you can do to keep your relationship on solid ground:

• Discuss the details of the lease up front: Both of you should have a clear idea of the many terms outlined in the lease. Address any of you tenant’s questions or concerns before they sign on the dotted line.
• Provide a safe environment: Don’t give your tenant reason to believe that you’re not providing a safe place for them to live. For example, regular inspections can go a long way in pinpointing problems that have the potential to cause harm.
• Make timely repairs: If something goes wrong with the property, no matter how big or small, make repairs as quickly as possible. Even if you’re unable to address the issue right away, share status updates with your tenant. Don’t give them reason to believe you’re stringing them along.
• Don’t invade your tenant’s privacy: Give your tenant at least 24 hours notice before entering a unit. If you continually invade your tenant’s privacy, it can result in a variety of problems.
• Ignoring eviction rules and laws: If you need to evict your tenant, read the lease for a clear idea of the steps you must take. Also, become familiar with the many laws that govern what you can and can’t do.

Even if you take these steps, you could still find yourself in the middle of a landlord-tenant dispute. Hopefully, you’re able to work things out with your tenant in an efficient and professional manner.

If the dispute continues to grow and negotiations fall flat, it’s time to learn more about your legal rights in New York as a landlord. You need to take the right steps at the right time to finally put this issue in the past.

Posted in Firm News | No Comments »

Affordable housing is a hot-button issue these days. Prospective renters have long been concerned with housing costs and the state of New York is listening. As many current laws come up for renewal in Summer 2019, significant changes could be on the way. Governor Andrew Cuomo has favored rent reform.

Among the issues in the rent reform debate is preferential rent.

What is preferential rent?

Preferential rent is one law that could find itself modified or repealed. The legal maximum rent increase for one-year leases is 1.5 percent and 2.5 percent for two-year leases. Landlords can legally raise rent above those percentages to meet the legal limit if they choose. These rent increases are not applicable if a tenant renews their lease after renting below the legal maximum.

Reforming preferential rent may affect landlords

The current legislation expires on October 1, 2019, making this a high-priority issue for the state, renters and landlords. Limiting what a landlord can raise rent up to could make attracting and retaining renters more difficult if they must choose between offering lower rent or keeping their building up to date.

The law requires landlords to keep their buildings up to code. Maintaining a proper building, of course, ensures the safety and functionality of the building for its tenants. Rent dollars contribute to the maintenance of these buildings and sometimes raising rent costs is the only way to keep a building current.

Rent reform, particularly preferential rent could have a significant impact on New York landlords everywhere. Paying rent is not a task anyone looks forward to, but preferential rent is perfectly legal. Limiting the amount by which landlords could have a significant impact on their business and the homes of their tenants.

Posted in Landlord-Tenant Disputes | No Comments »

Many renters act responsibly, according to the terms of their lease. If you have a rental agreement, you likely pay your rent on time, adhere to the pet restrictions and understand that you will have to pay for any damage you cause to your rental unit.

Likewise, if you are a landlord, you probably take care of your properties. You run background checks on prospective tenants, make necessary repairs and provide notice of upcoming changes that might affect your tenants. While many landlords and tenants work well together, some are not successful.

Charges transpired for one couple

Based on allegations of trashing a rental property, one Connecticut couple was arrested in June 2018. Chad Anderson has since received one felony count of criminal property damage. Meanwhile, his wife Jessica’s case is pending.

The couple’s landlord, Laura Guilmartin, estimates the Andersons caused more than $20,000 worth of damage to her rental home. The couple’s previous landlord, Dritan Dalipi, alleges the Andersons also caused thousands of dollars of damage in his rental property by violating his pet policy. Although Chad Anderson has no conviction connected with Dalipi, he owes restitution to both landlords. The amount is not yet determined.

New York’s Tenant Rights

The full extent of the Anderson’s case remains unknown. However, a situation in which it is acceptable to cause unnecessary damage at another person’s expense is highly unlikely.

A lease outlines the terms between you and your landlord, as well as your rights – even ones you may exercise during a dispute. However, it is important to remember that if you violate your agreement, your landlord may take steps to enforce their rights and hold you accountable.

Posted in Landlord-Tenant Disputes | No Comments »

Rent control in New York City can make a huge difference in the income you’re able to make off your property. While the program is meant to keep rent prices high enough to cover utility and maintenance costs, it’s not likely to compare to the market value you could be making on the property.

If you’ve acquired a property with rent-controlled tenants, check these things to make sure they’re entitled to the cost they pay.

Double-check their length of tenancy

If your tenants have not been living in the unit continuously since July 1, 1971, they are not entitled to controlled rent. In units within a single or double family home, the tenants must have lived in the unit continuously since March 31, 1953.

An exception to this rule is if a qualifying family member has succeeded a qualifying tenancy.

How old is the unit?

Rent control does not apply to units built after 1947.

When can a unit become decontrolled?

In smaller apartment buildings that have less than six units, a unit loses its status as rent-controlled once it becomes vacant. The same applies to units in single or double family houses.

Otherwise, a rent-controlled unit that is vacant would become “rent stabilized” and follow the according standards.

When can a landlord increase controlled rent?

A landlord has the opportunity to increase a controlled rent by 7.5 percent every two years unless the Maximum Base Rent has been reached. The Maximum Base Rent for New York City is re-examined every two years.

Use a lawyer‘s help to face tenant challenges

If you do not follow through on the standard regulations that rent-control imposes or are challenged by a tenant after attempting to increase a controlled rent, consult with a skilled real estate lawyer to learn more about your options.

An attorney can help you understand your rights within the context of the situation and advise on whether your tenant’s challenge is legitimate.

Posted in Landlord-Tenant Disputes | No Comments »

The return of a security deposit is one of the most common landlord-tenant disputes. This payment can keep your tenants from costing you extra in repairs.

However, if it’s not handled correctly, it could also result in a lawsuit against you. Here are a few guidelines to help you know when you can keep a security deposit and when a tenant needs it back.

Assessing the damage

Once the tenant has returned the keys and left the premises, you should begin to assess the property. Scheduling to have the tenant present for your final walk-through of the property will help save you time by minimizing the chance of a dispute.

Prior to the walk-through, be prepared to write a list detailing the property’s condition. Deductions may be required for:

• Cleaning
• Significant damage repairs
• Unpaid rent

To keep these costs clear to the tenant, you should write down each repair and the approximate cost to fix it.

Proving it

Common reasons why a tenant may dispute their security deposit being used for a repair is if they claim the damage was already there or they had notified the leasing office of the damage. Proper record keeping can help avoid these issues.

Give new tenants an inventory checklist when they first move in so that you have a record of the condition of the property prior to their tenancy. You can also take pictures of the property before the tenant moves in. Compare the condition of the property from the start to the end of the tenancy using these records. You should also be sure to keep a record of any maintenance complaints made and whether they were resolved.

To prove the cost of repairs and cleaning, secure a reasonable estimate for the job and then provide the receipts afterward.

Return within a reasonable time

New York law mandates that a security deposit is returned to a tenant between 21 and 45 days following the tenant’s move-out date.

If the tenant sues

A tenant who claims not to have received their security deposit within a reasonable amount of time or who disagrees with the deductions made from their deposit may choose to take legal action against you.

In small claims court, you could owe up to $5,000 to the tenant, whereas in village and justice courts you could owe up to $3,000. In addition to paying these amounts and losing the deposit, you could also face penalties or punitive damages in some circumstances.

If you are facing accusations such as these, contact an attorney to learn more about your rights. A real estate lawyer can help you with litigation cases such as these or advise you on language to use in the lease to keep the condition of your property maintained.

Posted in Firm News | No Comments »

Having a difficult tenant may make a landlord wish there was some way to encourage that tenant to move elsewhere. However, if the tenant believes the landlord is guilty of harassment, it could lead to legal issues. In fact, the tenant may file a claim of harassment in Housing Court. 

Here are actions the law considers to be tenant harassment in New York City.

Creating issues through repairs, utilities or construction

When a landlord is aware of repairs needed and does not take care of them in a timely manner, the law will probably side with the tenant that this is harassment. The landlord must also not interrupt services such as the tenant’s electricity, water or heat.

Construction may also constitute harassment if it takes place late at night, blocks entrances, or results in excess debris and dust the landlord does not remove in a timely manner. 

Offering a buyout

It is not necessarily illegal to try to get tenants to move out by paying them. Any buyout offer must not involve any of the following, though:

• Threats, intimidation or obscenities
• False information about the offer
• Contact with the tenant at his or her place of employment, unless the landlord has written notice of consent to do so

A buyout is legal if it includes, in writing, that the intent of the contact is to offer a buyout, and that the owner of the apartment is the one making the offer. This document must also tell the tenant he or she may reject the buyout offer and remain in the apartment, and that he or she has the right to legal assistance.

Tenants who receive a buyout offer may notify the owner, in writing, that they do not wish the owner to contact them about the buyout again. The owner must not attempt to contact the tenant for the next 180 days.

Communicating illegally

Any repeated unwanted contact, particularly if it is late at night or during nonbusiness hours, could be harassment. Lying to a tenant about violations, material facts, occupancy status or rent stabilization status is also harassment, as is a lawsuit against the tenant that the court determines is frivolous. 

Posted in Firm News | No Comments »

No property manager enjoys receiving complaints from an angry tenant against a neighboring tenant. Many complaints seem vindictive, frivolous or overblown; however, legitimate complaints about behaviors that violate lease agreements do occur.

Negotiable tenant complaints

An example of a negotiable complaint is a downstairs tenant who is upset about hours of foot-pounding noise across his upstairs neighbor’s floor. He complains. The upstairs neighbor denies his allegation, but she agrees to investigate. Her son-in-law, daughter, and two young grandchildren live with her. When she is home, they are quiet. Pandemonium sets in when she goes to work. The upstairs tenant has a word with her family. They reroute the grandchildren to an outdoor play area during the day to resolve the foot-pounding issue.

Non-negotiable tenant complaints

Non-negotiable complaints are those that can result when lease violations occur, and property owners or tenants take no action. Tenants are aware of their rights and often will not hesitate to seek legal remedy against an owner if a serious tenant problem continues. A property owner may evict a tenant who refuses to remedy a lease violation.

In 2016, the U.S. Department of Housing and Urban Development notified all multifamily building owners of a new law coming in 2018: Tenants cannot smoke in their apartments or within a 25-foot perimeter of the apartment property. The law became effective on July 31, 2018. Building owners can evict tenants who remain noncompliant.

The Surgeon General, through a well-documented series of long-term studies, firmly states that no amount of secondhand smoke is safe. Even invisible traces of secondhand smoke wafting through an apartment building are carcinogenic, with dire health consequences for those forced to breathe it in. Smoke from one apartment dweller can easily drift through an entire building. Researchers tried fans, ventilation modifications and other containment methods, but no system eliminated the problem. Property owners have had to pull down units and rebuild the apartments because secondhand smoke permeated the sheetrock.

More tenants prefer to remain inside their apartments to smoke as the weather grows chilly outside. They are aware of the rules, evidenced by the fact many of them wait to smoke inside until the local rental office closes at the end of each workday. Others, in spite of property managers’ ongoing attempts to educate them, still do not realize the seriousness of the situation. Any tenant who is a victim of secondhand smoke, no matter how faint the odor, may have justification in writing a certified letter to the building manager and providing a copy to the property owner.

Posted in Firm News | No Comments »

Landlords have a right to decide whether tenants can have animals on the property. Some landlords can outright ban pets from the premises while other landlords can create conditions, such as how the pet cannot be a nuisance and put other tenants in danger.

However, landlords have to allow individuals with disabilities to have service animals on the premises with them even if other tenants cannot have pets. According to the Fair Housing Act, landlords cannot discriminate against people with disabilities, and not allowing someone to have an essential service animal is discrimination. It is vital for landlords to understand these rules, so they do not upset tenants and bring forth a lawsuit.

Service animals are not pets

In the eyes of the law, a service animal is not a pet. It is something the individual needs to function in society. Therefore, landlords cannot request an additional fee to have the animal in the apartment building, which is generally the case for many apartment pet policies. However, landlords can request documentation from a doctor that proves the animal is necessary for the person to function. Additionally, landlords can ask for documentation that proves the animal has received all essential vaccinations. Other people still live in the building, and the landlord has the right to make sure everyone else has a safe environment.

Cases where a landlord can deny a service animal

Landlords need to be extremely careful when they consider denying a service animal. In the event a prospective tenant is unable to provide documentation from a doctor that a service animal is necessary, then a landlord can typically deny the request. Additionally, the documentation must present the need for a service animal. A person may provide documentation that proves the existence of a medical condition, but the doctor may not state the necessity of needing a service animal. Landlords cannot discriminate against service animals based on breed, weight or size.

Posted in Firm News | No Comments »

As a New York landlord, you naturally want to maximize the amount of rent you receive for each of your houses or apartment units. You also want responsible tenants who will pay rent on time and not misuse or destroy your property. Have you ever considered becoming a Section 8 landlord? You may discover that this federally funded program gives you the best of both worlds.

If you are unfamiliar with Section 8, the first thing you should know is that Section 8 is the popular name for the Housing Choice Voucher Program, which receives its funding from the U.S. Department of Housing and Urban Development. Basically, Section 8 allows you to rent your homes and apartments to low-income tenants at fair market value. The government pays the majority, if not all, of the tenants’ rent.

Section 8 misconceptions

Unfortunately, when a lot of people hear the words “Section 8,” they immediately think of low-caliber people living in slum neighborhoods. This is not the case at all. While your Section 8 tenants will be low-income, this does not make them low-caliber. In fact, they must qualify for Section 8 assistance, which includes passing a background check. In addition, you have the right to do your own background checks on all your prospective Section 8 tenants. Nor, in most cases, must you accept anyone and everyone who applies to become one of your Section 8 tenants.

As for slum neighborhoods, that has little, if anything, to do with tenants themselves. Rather, the landlords who own the properties bear responsibility for the upkeep of their homes and apartment buildings. Since you are not a slum landlord, your properties likewise are not slums.

Be aware that any property you wish to rent to a Section 8 tenant must first pass a Section 8 inspection and subsequently pass a re-inspection each year before you and the tenant renew the lease. In many cases, Section 8 pays above-market rent depending on the location of your specific property.

Landlord/tenant disputes

As with any other tenant, occasional disputes may arise between you and your Section 8 tenant(s). If and when such occasions arise, Section 8 offers you an extra layer of protection.

For instance, if one of your Section 8 tenants damages your property or otherwise fails to live up to his or her lease agreement with you, you can contact that person’s Section 8 worker and explain the problem. The worker will contact your tenant and explain to him or her that (s)he will lose his or her Section 8 voucher if (s)he does not mend his or her ways immediately. In addition, Section 8 will itself pay you for any damage your tenant caused, requiring him or her to reimburse Section 8 for its outlay.

All in all, becoming a Section 8 landlord can increase your profits while providing you with an extra layer of protection against uncooperative or destructive tenants. You would do well to check into this option for your rental properties.

Posted in Firm News | No Comments »