Is your tenant causing problems? You may want to kick him or her out immediately, but you should be careful to follow all the proper legal procedures. You do not want a lawsuit on your hands. If you infringe on the rights of your tenant, you could be in big trouble.

In fact, you should go above and beyond following the legal procedures. Before you begin the formal eviction process, you should follow these tips to try to resolve any problems with your tenant first.

1. Make sure you are meeting your responsibilities

As a landlord, you have certain duties to your tenant. You may not want to warn a tenant of eviction if you have not been holding up your end of the bargain. For example, have you made sure the property is in good condition and that there are no hazards? If the property is not in good repair or sanitary condition, make sure you meet these requirements before moving forward.

2. Determine if you have a reason to evict your tenant

According to the New York State Unified Court System, you need a legal reason to kick your tenant out if the lease is still ongoing. Some of these legal grounds include if your tenant is:

• Not paying rent
• Damaging the property
• Using the property for dealing drugs

To determine if you have the right to evict a tenant, ask a landlord-tenant law attorney.

3. Try to resolve the problem without eviction first

Removing a tenant from your property takes time and money. If you can avoid this, you may be better off. Try simply talking with your tenant and attempt to settle the issue outside of court. You may be able to mediate or arbitrate.

Being a landlord can be stressful and frustrating, especially with disrespectful tenants. If you try these three steps and they do not work, you may need to file for eviction.

Posted in Blog | No Comments »

As a tenant in New York City, it is crucial for you to know your rights. You have rights to repairs, privacy and proper notice of an eviction. If you do not know your protections, you might not know how to resolve a dispute between you and your landlord. 

But if you know your rights, you can figure out when something is going wrong and hire a lawyer if necessary. Below is a look at some of the most crucial rights you have as a tenant in the city. 

1. Repairs

According to Eric T. Schneiderman, the Attorney General of New York, you have the right to an apartment that is safe, livable and sanitary. This includes a duty of your landlord to keep your apartment in good shape. Your landlord must maintain utility systems and appliances. Landlords must also make any repairs in a timely manner. 

2. Privacy

You also have the right to privacy. However, your landlord may be able to enter your apartment with your consent to provide services, repairs or other actions described in the lease. Your landlord must give you prior notice. If there is an emergency, such as a water leak or fire, your landlord has the right to enter your apartment without notice. Otherwise, your landlord should not enter your apartment at any time without permission.

3. Notice of eviction

Your landlord cannot simply change the locks on your apartment without giving you a new key. In order to evict you, your landlord must have a warrant and properly notify you. If your landlord locks you out of your apartment, it is unlawful eviction and you may be able to go to court. 

Now that you know about these three essential rights, you can be confident as you stay in your apartment. If you ever have any issues with your landlord, you might want to talk to an attorney for guidance. 

Posted in Blog | No Comments »

People and pets often create a family. But if one is intending to rent an apartment in New York, it can take much due diligence to find a place that will allow pets. Many landlords do not allow animals due to concerns including the possibility of damages and liability for any dog bites or nuisance issues to others.

A bit of preplanning and proactiveness can help tenants find the perfect place to rent with a four-legged friend. Knowing the laws in New York regarding rentals and pets can make all the difference.

Pets permitted

In New York City, unless the rental agreement expressly prohibits pets, tenants may bring in an animal as a roommate. Even if a lease does proscribe pets, in multiple dwellings excluding public housing, a landlord may have waived the no-pets clause. This can happen if the renter has been keeping a pet openly and without secrecy for three months and the landlord was aware but did not act.

Disabled tenants also may defeat the pet clause. Any animal ban will not apply to service dogs of deaf or blind people. In addition, New York law excepts animals that provide emotional assistance to people with certain mental illnesses.

Negotiating for pet permission

However, if the above situations do not apply, a would-be tenant may want to consider finding a landlord that is or could become amenable to keeping the human-pet relationship strong. A tenant may be able to get pet acceptance by paying a pet deposit on top of the standard deposit. The pet owner can offer to agree in writing to spay or neuter the pet or make other arrangements.

Avoiding litigation between tenant and landlord is possible for the diligent rental seeker who wishes to keep a pet, with the proper arrangements. If an agreement is successfully forged, the tenant then needs to comply with any promises made to avoid disputes.

Posted in Blog | No Comments »

As a tenant, you deserve a habitable rental unit. While most landlords have great intentions, sometimes things slip through the cracks. Other times, some landlords are negligent. If your landlord is not making necessary repairs to keep your apartment or home in a habitable condition, then you might need to take some action to get it done.

First, you should determine that it is a major problem, it is not your fault, you are paying rent and following state rules about notifying your landlord. If you meet these conditions and there is still a dispute between you and your landlord, here are some of your options.

1. Inform housing inspectors

The problem you are dealing with may be violating a local or state housing law. If this is the case, you can contact the appropriate agency. The inspector will then investigate the situation and give the landlord a notice and deadline to complete necessary repairs.

2. Repair and deduct

In New York, you have the right to hire a repair person to remedy a serious problem that is making your apartment unfit and deduct the expenses from your rent. Before you hire someone and assume you can deduct the maintenance, make sure you follow appropriate procedures and the problem is serious enough.

3. Suing your landlord

If your rental space is truly uninhabitable, you might decide to file a lawsuit. You should only consider this option if it is not detrimental to your safety. For example, you might want to sue the landlord and continue living there if there is a leaky roof in one room, but you probably would not want to continue living there and pursuing a lawsuit if you have no heat during the winter.

You should not make any of these decisions lightly or without legal counsel. You can read more about your rights as a tenant in this Forbes article.

Posted in Landlord-Tenant Disputes | No Comments »

As a renter, you may want to break a lease for any number of reasons, but because a lease is a legally binding contract, you may not end it simply because you desire to do so. On the contrary, there are several distinct circumstances under which you may be able to lawfully terminate a lease agreement.

More specifically, you may be able to terminate your rental agreement if:

You are a victim of domestic violence

If you rent a property in New York and many other states and you are a victim of domestic violence, this may constitute legal grounds for terminating your lease. Generally, your victimization must have occurred within the recent past, and you must, in most cases, give your landlord 30 days’ notice of your plans to vacate because of the domestic violence. Please note that your landlord may be within his or her right to request proof of your victimization, perhaps in the form of a police report.

Your rental unit is uninhabitable

Your landlord has a duty to keep your rental home inhabitable, and this means the property must adhere to all electrical, safety and building codes. It must also have designated areas for trash and running water, and if any common areas exist, these areas, too, must remain in good repair. If the space your landlord provides to you fails in any of these areas, you may be able to legally terminate your lease.

You are an active member of the military.

If you are an active member of the military and you sign a lease shortly before you receive orders to relocate somewhere for 90 days or more, you may be able to provide your landlord with a written notice of your plans to vacate. Your landlord must typically, under the Servicemembers Civil Relief Act, allow you to get out of the lease, provided you submit your notification that you plan to leave within a certain timeframe (usually about 30 days ahead of time).

While these scenarios provide examples of some of the ways in which you can lawfully break your lease, this is not an exhaustive list.

Posted in Blog | No Comments »

Although being a landlord can be profitable, it also comes with its share of problems. One common issue is disputes with tenants. You can avoid many of these simply by being careful in whom you approve to live in your rental properties.

Before you start being more selective, you must understand the legal reasons you can deny an application. This knowledge not only can help you choose better tenants but also help you prevent a mistake that can lead to an applicant suing you.

Finances

The most common reasons for rejections are financial. Examples include:

• Not making enough money to pay rent in full and on time
• Declaring bankruptcy in the past
• Having bad credit or too much debt
• Paying rent late to previous landlords

Another warning sign to look for is bouncing from job to job, as this may indicate that the person has challenges maintaining employment, and therefore income.

Rental history

Rental history can provide further information that may result in a legal denial. You can find out what kind of tenant the person is to ensure you do not rent to someone who has caused property damage, been evicted or had any legal disputes with previous landlords.

Specific characteristics

The Fair Housing Act prohibits discrimination based on protected classes such as race, gender, religion and disability, among others. However, the law does not apply to those who smoke, own pets or have a criminal history.

Application issues

If the person provides false information or does not fill out the application completely, you can reject it. Also, you can deny a potential tenant who does not agree to abide by your rental terms or who wants to negotiate the cost of rent.

With proper screening, you can increase your chances of accepting pleasant, reliable renters and decrease the likelihood of lawsuits against you for illegal rejections. In the event your tenants turn out to be problematic or you face litigation, speak to an attorney on how to handle the matter correctly.

Posted in Blog | No Comments »

As a tenant with an existing lease in New York, you have certain rights. If you are up to date on your rent and not otherwise in violation of your rental agreement, your landlord may not infringe upon these rights if he or she decides to evict you from your place of residence. As long as you are within the terms of your lease, and as long as you have lived in your rented home for 30 or more days, your landlord may not use certain tactics in his or her efforts to get you to leave.

These illegal eviction procedures include:

Threatening force

Provided you meet the criteria outlined above, your landlord may not use force, or the threat of force, to get you to vacate your place of residence. For example, he or she may not threaten to come in and remove your belongings from your home or apartment if you do not leave on your own accord.

Intentionally interfering with resident comfort

Your landlord also may not evict you if you are current on rent and otherwise not in violation of your agreement by intentionally making your residence unpleasant or unlivable. For example, he or she may not cut off heat or electricity to your property in an effort to get you to vacate.

Preventing you from occupying the rental unit

Your landlord also cannot try and force you to leave by making changes to your rented home. These changes might include removing the front door or removing your belongings from the property. Changing the locks without giving you a new key is another example of this type of prohibited behavior.

If you must vacate your residence for any of these reasons, your landlord must restore your occupancy, and he or she also must make sure the unit is fit for occupancy. If you had to leave your apartment or home because of one of these reasons, you may want to discuss your options with an attorney.

Posted in Blog | No Comments »

After you have screened and chosen a tenant, it is time to prepare your property. While there may be unique steps you have to take depending on whether your tenant receives government assistance or what condition your property is in, there are some general things you should do to make the process easier and minimize complaints. Follow these tips to fulfill your responsibilities as a landlord in New York.

1. Repair damages and resolve health and safety issues

If your property has a broken window, hole in the wall or any other existing damage, make sure it is repaired before your tenant moves in. You will also want to verify that there are no health or safety problems. Check for mold, ensure smoke and carbon monoxide detectors are working and verify there are two ways to exit the unit.

2. Check plumbing, heat and electricity

All utilities of your property must be in working condition. Even if your tenant will be responsible for covering utilities, you must make sure they work. Heating should work in all rooms; overhead lights should be operational; electrical outlets should work; and there should be no leaks or clogs in sinks, toilets or showers.

3. Clean your property

Regardless of whether the property is brand new or you are turning over an apartment with previous tenants, cleaning is necessary. In cases of turnovers, have the unit thoroughly cleaned with special attention given to toilets, showers, refrigerators and stoves. With a new property, sweep and vacuum to clear the unit of any debris.

4. Review and sign the lease with your tenant

Meet with your tenant and discuss every section of the agreement. Your tenant should fully understand every term before signing the agreement. Once you have both reviewed the agreement and you have answered any questions or concerns, both of you can sign and date the lease. This will reduce the chances of either of you breaching the lease.

5. Collect security deposit and rent

If the full security deposit and rent for the first month are not paid on time, future payments are likely to be late. Collect these payments before your tenant moves in. If you are leasing to a tenant receiving government assistance with Section 8 housing, you will receive a check after the tenant moves in, but the tenant is still responsible for the security deposit.

Taking these steps before your tenant moves in will increase the likelihood of a better landlord-tenant relationship. If you experience any issues with your tenant or are having trouble resolving disputes, contact a landlord-tenant law attorney.

Posted in Landlord-Tenant Disputes | No Comments »

Going to court before the judge can be very costly to each party involved. Unfortunately, many landlord-tenant cases escalate before either party considers other options. Here are eight tips to help manage disputes about property. Whether you are a tenant or landlord, you can use these options to work out a manageable solution.

• Know the law. When you know and understand your rights and responsibilities under the real estate law, you can avoid disputes. Make sure you keep up with current regulations and rules. Have an annual meeting with your attorney to discuss the lease before signing it. If you stage a protest, such as not paying rent or turning off the heat to the building, check with your attorney to make sure it does not weaken your position.
• Stay calm in a situation. Disputes are inevitable, but when each party remains cool, workable solutions happen without legal threats.
• Document everything. A paper trail is a great defense when you are having a dispute. Keep a file with all correspondence about everything. Take pictures of problems. Save pictures and documents to the cloud. If you lose your phone, you might lose valuable evidence.
• Talk about the situation. Remember to stay calm, no matter how angry you get. Even if you are justifiably angry, expressing negative emotions only widens the chasm. When you work with the other party, there might be an honest answer that will save you both money and time.
• Get a mediator. Talk to your attorney about ways to resolve the situation without going to court. Know your options.
• When mediation does not solve the problem, arbitration might be a better answer. The arbitration is binding, which means that it could go either way and you will have to adhere to the ruling.
• If you do have to get lawyers involved, you may be able to settle out of court. Tell your attorney you are looking for a cost-effective solution.
• Small claims court might be an appropriate solution for some situations. Whether this is a good choice for your issue is a complex matter that can only be determined by the actual situation.

Litigation as a last resort

Landlord/tenant disputes may happen, but one does not have to break the bank when you have a good approach to finding a solution. If you do have to take the case all the way to civil or criminal court, make sure you have a lawyer who understands landlord/tenant law. An attorney with experience representing both landlords and tenants will often have better insight into an appropriate resolution.

Posted in Landlord-Tenant Disputes | No Comments »

While real estate can be a great investment, renting out a property also comes with its own challenges. Dealing with maintenance and finding new tenants can be difficult, but the most stressful part of managing a rental is often collecting payment. When the mortgage is due and no money is coming in, a landlord’s position can suddenly become extremely precarious. While some renters are easy to work with and always pay their bill on time, others may go weeks or even months without offering up any payment. Here are the steps you should take if you find yourself dealing with a non-paying tenant.

Talk it out

This may sound obvious, but when a landlord has dealt with continual issues with certain tenants, failure to pay rent may be considered the last straw. It can be tempting to simply cut the power or turn off the water until they pay, but doing so could land you in legal trouble. Landlords need to give their tenants a three-day notice to let them know that they are done waiting and the rent needs to be in immediately. The tenants may have simply forgotten or may be struggling financially and need a few more days.

Make formal demands

If you are unable to reach an agreement or the tenant continues to fall behind on payments, it may be time to take legal action. The first thing you must do is make a final rent demand, either verbally or in writing. Be specific and include any taxes, late fees or utilities that will be tacked on top of the rent. This demand must be served according to proper legal standards, or the judge may dismiss your case. Typically, you will then need to wait three days after making this demand before you can file a legal claim.

Once you have waited the allotted time, you can file a nonpayment claim in the New York State Housing Court. If the tenant will not leave the property, you can file a warrant of eviction. If the tenant already left and returned the keys to you, you will need to file a civil or small claims case to request payment for any unpaid rent.

When you are seeking rent from a nonpaying tenant, consulting with an experienced attorney can protect you from the mistakes that are commonly made in service and paperwork. This can mean a faster, complete resolution that will solve the tenant issue and get your rental income flowing again.

Posted in Landlord-Tenant Disputes | No Comments »