As a landlord, you may have experienced issues with a tenant who violated a term in their lease. Sometimes, these disputes are unavoidable, and you can only try your best to resolve the problem amicably.

Fortunately, there are some things you can do to avoid preventable disputes. By learning these pointers, you help protect your tenant’s rights and your rights as a landlord.

Avoiding disputes with tenants

One effective way to reduce issues within your property is to screen tenants thoroughly. Choosing thoughtful and responsible renters may reduce the risk of late payments or noise complaints.

As a property owner, you may conduct a background check on candidates who want to rent your place. This process can help you determine whether an individual has a criminal conviction record or credit issues.

While thorough screening does not guarantee that everything will be smooth sailing in the future, it may give you peace of mind that you are handing over the keys to a responsible tenant.

Additionally, it is crucial to always communicate with your renter. After reaching an agreement, start the relationship by getting their full attention and discussing potential areas of dispute. For example, remind them of the importance of timely payments and maintenance processes for the property.

Addressing these issues at the start of the transaction demonstrates your commitment to helping them have a peaceful stay at their new place. One way to do this step is to send a welcome letter that provides an overview of your property and your expectations.

Protecting your rights as a landlord

Even with these practices, it is crucial to remember that some disputes are inevitable. To protect your rights in the event of a disagreement, you need a solid lease agreement.

A detailed agreement will be the basis for resolving any potential issue. This is why it is essential that the renter fully understands what the document says before they sign it.

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Being a landlord can be a profitable and personally rewarding line of work but it can also be a challenging one. Your tenants can give you some of your most enjoyable moments, but they can also give you some of the most difficult.

You’ll have rules in place that you expect your tenants to abide by, but sometimes they will break them. Here are some things to consider when deciding how to handle it:

Is there an easy solution?

Some mistakes are understandable. Some errors can be corrected. Others can’t, at least not so easily. There is little point in making a big deal out of something that has an easy solution.

Are they a good tenant? 

Consider who you are dealing with. Does the tenant always pay their bills on time and never cause you any issues? Or are they someone you have constant run-ins with? Are they someone who constantly pushes against your rules and you would and you would love to see the back of, or are they a tenant you’d like to keep?

How will other tenants see your actions?

If other tenants see this tenant get away with something that is against the rules with no consequence, they may decide that they too can flout the rules.

The flip side is that you also should not be too quick to come down on someone for a breach where there were extenuating circumstances. For example, someone is late on their rent because their child got run over and they had to pay the medical bills. If you do, the other tenants might take their side against you and it could make relations more difficult.

You can’t be seen to play favorites either as that could lead to claims of discrimination if you treat someone else differently for the same issue later.

What would a court say?

You might assume you are in the right and would therefore win a legal action against a tenant over the matter, but the law might not agree. Housing laws can be complex and they can change so it is best to seek legal assistance from someone who can give you accurate and up-to-date information.

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Tenants in New York have a legal right to safe living spaces provided by landlords. If a tenant finds an issue with an apartment that would make the space uninhabitable, it may be the responsibility of the landlord to make repairs. 

Here are a few common issues with apartments that may make it unsafe for a tenant to continue living in them:

Rodent and insect infestations

A common problem with many apartments is rodent and insect infestations. Rodents and insects can not only damage apartments and furniture but also cause health risks for residents. This issue may be more prevalent if an apartment is located near a sewer, another tenant has hygiene issues or if an infestation is not properly handled by a professional exterminator. 

Structural issues

Natural hazards and older apartments could suffer from structural issues. A structural issue with an apartment may include a collapsed ceiling, bowing walls, rotten wood or loose stairs. These issues may harm tenants and could result in further issues with the structural integrity if the issues are not handled swiftly. 

Hazardous material

Many older apartments contain asbestos, mold and lead in paint and pipes. These hazardous substances can cause tenants to develop illnesses. 

Improper security 

A tenant’s health may be at risk if an apartment does not provide certain security measures, including cameras and locks. Broken doors and windows may also result in harm to tenants. 

It is important for both landlords and tenants to understand what their legal rights and responsibilities are when it is believed that an apartment is uninhabitable. 

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Pets or companion animals are often a point of contention between those who rent the homes where they live and those who own property that they rent to others. People want to have pets, or they may have grown emotionally attached to the pets that they already have. Landlords may enjoy pets themselves while also recognizing that animals can very easily damage their properties.

Chewing, scratching and urinating inside a rental home are all potential sources of property damage. Pets can cause physical damage to the facilities and also make the interior spaces unpleasant for future occupants with odors and allergens that are hard to remove.

How can landlords potentially protect themselves against the damage that companion animals could cause?

By prohibiting pets

Many landlords successfully avoid the frustration and expensive pet damage by simply prohibiting companion animals at their properties. By preventing tenants from moving in with dogs, cats, rabbits, birds or any other pets, landlords can avoid the damage those animals might cause. The risk with this approach is that a landlord may significantly limit their pool of potential tenants and that tenants might try to hide the presence of an animal despite the rules.

By requiring a pet deposit and extra rent

Given that pets pose a risk of property damage and that they can cause additional wear on facilities, landlords often increase the fees that they charge their tenants to reflect the risk related to allowing animals. Requiring a one-time pet deposit in case of damages is common. Landlords may also sometimes assess an additional monthly fee for the pet. That can help offset the expense generated by the presence of a pet in a unit.

By documenting property conditions carefully

In theory, landlords can retain some or all of a pet deposit and security deposit if someone’s animal damages a rental unit. In practice, a landlord needs to be able to prove that damage occurred. Having thorough documentation of the condition of the unit before the tenant takes possession and having them also perform an inventory noting the condition of the property can be crucial for a landlord’s protection. Provided that they can show that the pet damaged the floors, scratched up the walls or caused other damage, they can then retain an appropriate amount of the deposit paid by the tenant to cover the cost of repairs.

Landlords who are proactive about addressing property damage risk factors can protect the investment that they have made in residential property and minimize conflicts with tenants. Establishing clear rules about pets can be beneficial for landlords offering residential space for rent in New York.

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In New York, some apartments are rent-stabilized and others are known as “free market” apartments. With free market apartments, landlords can decide to charge whatever price they want. They can also increase this price if they’d like to do so, and there’s no limit on how much they can increase it. A landlord could theoretically double the rent.

If the apartment is considered rent-stabilized, this does not necessarily mean that the rent has been frozen. It can still increase and these apartments can get more expensive. There are simply limits on the percentage of increase based on the length of the lease.

What are the limits?

If someone signs a two-year lease right now, their landlord could legally raise their rent by 3.2%. If they sign a one-year lease, then the landlord could only raise the rent by 2.75%.

For example, someone may be living in an apartment that costs $2,000 a month. If they sign a new lease for the next year, the most their rent could increase to would be $2,055. If they signed a two-year renewal, conversely, then their rent could go up to $2,064.

Could this happen unexpectedly?

No, whether someone lives in a rent-control apartment or a free-market apartment, a rent increase should not be unexpected. Typically, they should get a notice at least 60 days in advance. If a tenant hasn’t even been in the apartment for a full year, then they need 30 days of notice if their rent is going to go up by more than 5%. Long-standing tenants, such as those who have lived in the same location for more than two years, may require a 90-day notice.

Rent increases can lead to disputes between landlords and tenants, so they need to understand the laws and all of their legal options.

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A dispute between landlord and tenant regarding a rental agreement or broader relationship responsibilities is known as a landlord-tenant conflict. Such conflicts can arise from issues such as rental property, lease terms, living circumstances and many other matters. These conflicts can potentially be resolved through a variety of methods, such as mediation or negotiation.

Disagreements between a landlord and a tenant can often be resolved outside of court, meaning that litigation is relatively uncommon in this regard. However, this kind of legal action may become necessary if the parties cannot agree on a settlement or if the disagreement is particularly consequential.

Common conflicts between landlords and tenants

While there are many reasons why conflicts occur between landlords and tenants. For example, evictions are the most frequent cause of disputes between a landlord and tenant. The main reason for eviction is nonpayment or late payment of rent. Other reasons include breaking rental agreements and impending development plans.

Property upkeep and maintenance can easily become a disputed issue between landlord and tenant as well. Landlords are obligated to take prompt action to remedy any problems with water, heating, ventilation and structural elements that are not the renters’ fault.

Tenants have a responsibility to keep their rental properties clean and well-maintained, which is often specified in their lease agreement. If the rental property falls into disrepair due to the tenant’s negligence, it is considered a breach of contract, and landlords have the right to charge them for damages and even evict them.

Finally, retaliation may occur when a tenant exercises their rights. A landlord may retaliate by fining them or evicting them. In fact, if a tenant exercises their legal rights and receives an eviction notice within six months, there is a presumption of retribution by the landlord in the New York court system.

Landlord-tenant conflicts are unavoidable at times. If you have a dispute, seek assistance from someone who understands landlord and tenant rights to better understand your rights and options.

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Regardless of your feelings about rent controls, both landlords and tenants should understand as much as possible about the different situations when rent can be raised despite rent stabilization.

One of the most common situations that comes up is when a landlord wants to make improvements to their property – and raise the rent accordingly. This is when it’s critical to know the difference between individual apartment improvements (IAIs) and major capital improvements (MCIs)

IAIs benefit specific tenants

IAIs refer to upgrades or renovations made to individual rental units within a building. These improvements aim to enhance the livability of a specific apartment. IAIs can range from minor cosmetic changes like painting the walls, upgrading the carpets or installing new fixtures to more substantial alterations such as kitchen or bathroom renovations.

IAIs can improve a tenant’s living conditions and comfort, but they’re also costly – so landlords generally want to pass those costs on to the tenant who benefits from them. So long as the unit is occupied, however, landlords need the tenant’s informed consent about the associated rent increase. They must also notify the Division of Housing and Community Renewal (DHCR) in advance of the upgrades.

MCIs are building-wide upgrades

Major capital improvements (MCIs) involve significant renovations or upgrades to a whole building’s common areas or structural elements. These improvements benefit all of the tenants in some way and boost the overall value of the property. Examples of MCIs include elevator modernization, roof replacement, boiler upgrades or repairs to the building’s facade.

Unlike IAIs, MCIs don’t require a tenant’s consent for a rent increase, which is why they tend to provoke a lot of legal battles. Tenants do not always feel that the improvements are really to their benefit or fair, so they may not willingly pay for them.

If you’re in a dispute over improvements to a rental unit or building, don’t guess about your rights. Informed legal guidance can help you understand the options.

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As a landlord, you will want to know that your tenants will look after your property well. You may have been happy to rent to a young professional couple. You know they can pay the rent and are beyond the age where parties can get out of hand and leave the place a mess.

Yet that might change once you discover they are about to have a baby. As charming as babies and young children can be, they are not the best at looking after things. They may see your freshly painted wall as the ideal place for their latest crayon drawing. Or a dining table as the perfect place to carve patterns with a fork. Can you ask the couple to leave, or tell them you need to raise the rent?

You cannot charge someone more just because they have a child

Housing laws make clear that you cannot treat tenants or potential tenants differently because of their family situation. So, you cannot up the rent or ask a couple to leave because they have a baby.

But what if you made it clear from the outset you did want to rent to families?

If you did this, you are lucky to have gotten away with it. A New York court could consider it discrimination and take action against you because of it. You are not even allowed to subtly suggest you do not want kids in your property. 

If you are unsure about housing laws or about how to recover the cost of the damages a child caused to your property, it’s wise to get legal assistance before doing anything. Inadvertently breaching a law could complicate things further.

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Although a rental relationship can be beneficial for both landlords and tenants, there are also risks involved for everyone. Tenants might be at risk of losing their place to live when the property changes ownership or when they experience financial hardship. Landlords accept the risk that their tenants could fail to pay their rent or could do real damage to the property that they own and lease to others.

New York rental laws permit landlords to require security deposits to minimize the risk of losses. Those funds paid by the tenant can help landlords recoup unpaid rent or address property damage costs. For example, oftentimes, residential leases include provisions that prohibit smoking inside a unit.

Could a New York landlord with a no-smoking rule retain someone’s security deposit over smoke damage inside a rental home or unit?

Smoke damage remediation can be very expensive

Cigarette smoke leaves a dingy film on walls, carpets and ceilings. It slowly accumulates over time, creating an unsightly coating that is difficult to remove. It can also potentially pose health hazards for the next tenants, especially if a new tenant is medically fragile. Landlords might also struggle to justify charging market-rate rent for a unit with noticeable smoke damage.

Therefore, addressing the smoke damage after a tenant moves out is often a top priority. The length of the tenant’s stay at the property, the size of the property and the frequency of the tobacco use could all affect the extent of the smoke damage inside the unit. Smoke remediation can cost anywhere from a few hundred dollars to thousands of dollars in different situations.

Landlords who document the smoke damage to the unit can send notice as required by New York state law to tenants about their intention to retain some or all of the security deposit. They might even be able to take a tenant to court if the security deposit is too low to fully cover the cost of addressing the smoke damage to the unit.

Maintaining thorough records can be of the utmost importance for landlords who are trying to protect themselves from financial losses due to damaging or lease-violating tenant activity. Those who are familiar with New York’s rules about security deposits may have an easier time using those funds to address damage to a rental unit.

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Imagine that you come home from work and you just want to relax after a long day. But when you get home, your apartment door is open and someone is already inside. It’s your landlord, they entered your apartment unannounced.

Or, perhaps you got home and thought it looked as if items had been moved around in your apartment. It just wasn’t quite the same as when you left. You asked your landlord, and they later told you that they needed to do some things in your apartment while you were at work, so they went in without informing you.

Either way, it feels like an invasion of your privacy. Can your landlord do this?

Emergency situations

As a general rule, the answer is no. This is your private space and your landlord can’t enter without your permission. They may argue that they technically own the property, and that is true. But you signed the lease, so you have a contractual agreement stating that this is your space – and your expectation of privacy still remains.

That said, if there is an emergency, then your landlord may be able to enter without your permission. For example, say that a pipe burst in your apartment and it is flooding the other units below yours. Your landlord may be able to enter your apartment and make emergency repairs, even though they don’t have time to ask your permission. The water damage is getting worse every second, so they have to act quickly.

Relationships between landlords and tenants can get complicated, and it’s crucial for all involved to understand the law and their legal options.

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