Landlord-tenant disputes can arise due to a number of different factors. A landlord may raise the rent unexpectedly or fail to make required repairs, or a tenant may cause damage to the property or break a term of the lease. There are however, certain landlord-tenant disputes that are more common than others.

One common form of dispute arises in Queens when a tenant does not vacate the property after a lease has expired. This is known as a holdover. Sometimes a tenant may not leave voluntarily and a landlord will change the locks, which can lead a tenant to pursue a self-help eviction lawsuit to obtain treble damages. Rather than change the locks, a landlord with a holdover tenant may better protect his or her rights by beginning eviction proceedings and declining to accept additional rent money from the holdover tenant. A tenant who has paid rent following the expiration of a lease may convert the lease into a month-to-month tenancy if the landlord accepts the rent payment.

Another common dispute between landlords and tenants arises if a landlord discovers damage to the premises after a tenant has vacated the property, whether in the form of broken appliances, holes in the walls or stained floors. A landlord may bring a lawsuit against a tenant to recover financially for alleged damage to the property. Often tenants will contend that the condition of the property is substantially similar to when they took possession of the premises. A landlord who has dated and signed pictures documenting the baseline condition of the property at the time a tenant moved in will be in a more favorable position to prove his or her case than one who does not have such documentation.

These are just two of the most common ways that a landlord-tenant dispute might arise. A New Yorker involved in a landlord-tenant dispute, whether as a landlord or a tenant, may wish to seek attorney guidance.

Source: danspapers.com, “The 5 Most Common Landlord/Tenant Disputes,” Andrew M. Lieb, accessed May 6, 2016

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Landlords have legal obligations to maintain safe and habitable premises for their tenants. Unfortunately, however, not all New York City landlords comply with this obligation, and sometimes landlord-tenant disputes may develop. One New York City landlord has recently been sued by 38 of his tenants due to the conditions in one 100-unit six-story building.

The building, identified as 750 Grand Concourse and located only a few blocks from Yankee Stadium in the Bronx, is in a state of disrepair. According to the tenants, the landlord has not ensured that the building has received proper maintenance. Recently, the building’s laundry room fell onto a gas pipe. Following this collapse, the NYC Department of Buildings turned off the property’s gas service, leaving many residents without gas to use their stoves.

The tenants have filed a lawsuit against their landlord, who has owned the building for 20 years and owns almost 40 other buildings in the Bronx, due to the tremendous number of essential repairs that need to be completed. In addition to the lack of gas for cooking, the building’s other hazards include peeling lead paint, as well as problems with tenants’ plumbing systems. The landlord has agreed to make required repairs, which number more than 500, and has begun doing so since his first court appearance. An additional court appearance is scheduled for later this month.

Proper compliance with landlord obligations helps protect tenants, and tenants have legal rights when landlords ignore their repair obligations. If you are renting a property that is not in habitable condition, you may wish to seek the guidance of an attorney to discuss your legal options.

Source: Bronx Times, “Grand Concourse tenants sue ‘NYC’s Worst Landlord’,” Robert Wirsing, April 23, 2016

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There are specific requirements that landlords must follow before moving to evict a tenant. Unfortunately, landlords do not always comply with eviction requirements, and many attempted evictions in Queens are unlawful. There are, however, lawful reasons for which a landlord might move to evict a tenant. It may be helpful for New Yorkers to be familiar with some permissible reasons and methods for eviction.

“For cause” evictions arise when a tenant is in violation of his or her rental agreement. A tenant might receive a “Pay Rent or Quit” notice if he or she has failed to pay required rental payments. This type of notice will typically allow a tenant a limited number of days to pay the rent owed before he or she has to vacate, or “quit,” the premises.

In a “Cure or Quit” notice, a landlord alleges that a tenant has violated one of the lease’s specific terms. Such a notice will allow a tenant to correct his or her actions that are in violation of the lease within a certain time frame, such as by removing a pet that is not permitted, before he or she must vacate the premises.

Third, in an “Unconditional Quit” notice, a landlord does not present a tenant with a time period in which to correct his or her behavior. The tenant must simply vacate the rental property. A landlord may send an unconditional quit notice if a tenant has caused major damage to the property, conducted illegal activities on the premises, or violated the lease repeatedly and failed to correct his or her behavior, for example.

Though the aforementioned eviction notices are permissible methods of eviction, landlords must still comply with state law requirements in their execution of the notices. If you have received an eviction notice, it may be wise to consider consulting with an attorney for guidance.

Source: FindLaw, “Tenant Eviction: What You Should Know as a Renter,” accessed April 22, 2016

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New York is known for many things: skyscrapers, Broadway and an excellent dining scene to name a few. Those who are looking to live in New York know that the buildings aren’t the only things that can be sky high. The city that never sleeps is also known for having sky high rental costs. However, those looking for a new place to live may be shopping at just the right time. According to a recent piece in The New York Times, now may be an optimal time for renters to negotiate their agreements.

The piece points to a “wave of new luxury rentals” entering the market as the primary motivation for landlords to negotiate on their properties. Regardless of the cause, over 20 percent of agreements in the first quarter of 2016 had some sort of incentive designed to sweeten the deal for renters. These “sweeteners” can translate to big savings. The average cost for a rental in Manhattan in March of 2015 was $3,395. In March of 2016 this price dropped by almost 3 percent to $3,300.

How can I take advantage of this trend?

Those who are either in the market for a new apartment or up to renew a current agreement can benefit from these three tips:

• Time the end of the lease wisely. The rental market is often the busiest in May, June, July and August. During this time, college is letting out and the weather is a bit more conducive to a move. Regardless of the factors contributing to this trend, landlords can benefit from a lease that is scheduled to end during this period. Having some flexibility in your end date and proposing to adjust the agreement to fall within this period can benefit the landlord and give you some leverage in negotiating a better price.
• Consider a longer lease agreement. One negotiating tool that can help a renter have a bit more leverage is the length of the lease. In some cases, it can be beneficial to offer to agree to a longer lease period. Offering to agree to a two year commitment instead of one year can ultimately save landlords money, as they will not need to look for a new tenant at the end of the lease period. Use this fact in your negotiations.
• Offer to pay the rent upfront. The final tip involves when you pay your rent. Offering to pay rent in advance may work in your favor. The piece in The Times shares a story of a woman who took out her checkbook during an open house and offered to pay six months’ rent in full if the landlord would agree to drop the price by $100 per month. Ultimately, the landlord took the deal.

These are just a few tips that can help result in a rental agreement that meets your needs. In addition to finding a good deal financially, rental agreements need to meet a variety of other needs. As a result, it is often wise to have an attorney review the document.

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The relationship between a landlord and tenant has the potential to be both complex and challenging. New York City tenants need safe places to live that they can afford. Landlords need tenants who meet their required obligations and comply with rental agreements.

Unfortunately, however, disputes between landlords and tenants do arise. Whether a dispute is due to a tenant’s huge increase in rent, as this blog reported in a previous post, or due to matters of habitability, the legal issues surrounding a landlord-tenant dispute can be complex.

Whatever side of a dispute a New Yorker finds himself on, it may be necessary to seek legal counsel. Attorney Seth Rosenfeld has more than 13 years of experience assisting tenants and landlords with housing matters. Whether a person needs protection from an unreasonable landlord, or a landlord needs to evict a tenant who is not complying with his or her legal obligations, Mr. Rosenfeld has likely dealt with providing legal counsel in similar cases.

It is imperative that both landlords and tenants comply with all legal requirements in their interactions. The terms of a lease can affect required notices, the refund of a security deposit and other maintenance obligations. Whether a tenant is illegally subletting an apartment or creating a nuisance, or the terms of a lease have allegedly been breached, Mr. Rosenfeld has worked with clients to protect their rights.

It is not easy to be involved in a dispute about either your place of residence or rental property you own. Skilled legal counsel can help make a difficult situation easier. For additional information about how Mr. Rosenfeld has assisted New Yorkers involved in landlord-tenant disputes, please visit the above link.

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For many renters, a security deposit is a big deal. In most rental situations in New York, the security deposit on an apartment will be the equivalent of one month’s rent. This is standard on most lease agreements. The security deposit is designed to protect the landlord should the tenant damage the premises during the time of the lease.

If there is no damage to the unit, the full security deposit should be returned to the tenant after the end of their rental. As a tenant, you should not have to ask for this return and it should be completed in a reasonable time.

A landlord is entitled to deduct the cost of repairs from the security deposit. This can lead to disputes if the landlord makes such deductions and a tenant claims they left the unit in undamaged condition.

Because a landlord could claim they made repairs, one way a tenant can protect their security deposit is to make a careful photographic survey of the unit immediately prior to their moving out.

Another important element of the security deposit is that landlords must hold these funds in trust for their tenants. If they have more than six units, the deposits must be held in an interest-bearing bank account.

Landlords are allowed a one percent administrative fee on the deposits, but if they earn any additional interest, it is the tenant’s property and may be paid to the tenant annually, at the end of the lease, or in the form of a reduction in the rent.

Source: ag.ny.gov, “Tenants’ Rights Guide,” New York Attorney General’s Office, page visited April 2016

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When tenants have a problem with a landlord, they often see it from the narrow perspective of their single issue. This is reasonable. If you suddenly find yourself with a dispute over your rent or repairs to your apartment, it can become overwhelming very quickly. The terminology of New York’s rent laws and making time to appear in court if necessary can be confusing and disorienting.

You dispute may be more than you can deal with on your own. You may find it necessary to turn to an attorney for help. However, your dispute may be part of a larger plan to move you and other tenants from the property.

One woman in Harlem, who lived in a rent-stabilized building, noticed that the owner was attempting to turn the apartments into condominiums. As part of the deal, the landlord had to first offer the current tenants the right to purchase the unit, but only had 10 takers out of 51 units. They could remain in the building as long as they adhered to the terms of their lease.

She also happened to be a housing attorney and became suspicious when she found the landlord had a very large mortgage on a group of buildings with modest rents. She contacted other tenants and found that some were being pressured to move. One-quarter of the tenants had been sued by the landlord on frivolous legal claims, which she viewed as an effort to make life so difficult that the tenants would leave.

She also recognized that this pattern and practice was facilitated by large banks that provide financing that would be unsustainable if the building remained in the hands of rent-stabilized tenants. Without this seemingly innocent financing, these practices could not continue.

Similar tactics were discovered being used on tenants in buildings in Brooklyn. If you suddenly see your rent increasing or groundless lawsuits being brought against you or other tenants in your building, you too may be a victim of this tactic.

Source: thenation.com, “How Banks and Developers Collude to Get Rid of New York’s Affordable Housing,” DW Gibson, April 5, 2016

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If you’re living in New York without a lease, you might find yourself facing huge rent increases. Unfortunately, without certain protections in place, your legal options might be limited.

Your first step – if you don’t have a lease – is to contact the New York State Division of Housing and Community Renewal. They can double-check to see if your apartment is rent stabilized. You have some measure of protection, here, as your landlord must offer you a lease if your apartment is rent stabilized. After that, your rent can increase based on annual rent guidelines.

If you are not living a rent stabilized apartment, there is no limitation on the amount that your landlord can increase the rent. Of course, the landlord must balance tenant loyalty, profits and the desire to run a stable business. In fact, the rent can only be raised on a month-to-month tenant with the consent of the tenant. However, if the tenant does not consent, the landlord can simply terminate the tenancy – with appropriate notice.

Landlord-tenant disputes are often complex and the rules and regulations are often packed with dense legal language. No matter which side of the dispute you find yourself on, it is important to discuss the matter with a skilled New York landlord-tenant dispute attorney.

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Real estate in New York City is expensive, and Brooklyn is sharing the trend with the other boroughs in seeing land values escalate and with them, rents. It can seem inevitable. As people are priced out of Manhattan, they look for property that is more affordable and as Brooklyn and Queens become more in demand and gentrified, the rental prices begin to increase.

Politicians like to promote solutions, from rent control and stabilization to requiring developers to include a proportion of “affordable” or “nonmarket” units when they propose or construct any new buildings in the city. Especially if the development means the eviction of residents of older buildings that are torn down to all the development.

This game often becomes one of definitions, with developers suggesting that $2,000 a month rentals are affordable while potential tenants earning $20,000 a year can only look on in disbelief.

The latest proposal from Mayor DeBlasio received such a response from many residents of Brooklyn’s Bushwick neighborhood. The problem arises when you include earnings of new residents of gentrified areas in the calculation. The new plan by the Mayor assumes a salary of $31,000 a year and would set aside 20 percent of units for these residents.

These units are projected to rent at $775 per month, which is still too high for many of Bushwick’s residents. Yet local Council members predict the city will rezone the entire area based on this new plan.

This is likely to put more pressure on housing in Brooklyn and residents should be wary for landlords who attempt to force them out of buildings in hopes of selling out higher bidder. Understanding your legal rights and speaking with an attorney to protect those rights may be necessary in many cases.

Source: brooklynpaper.com, “Bushwick residents: DeBlasio’s new affordable housing plan still not affordable enough,” Allegra Hobbs, March 21, 2016

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Developing and maintaining affordable housing in the New York City area is a long-standing problem. The metropolitan NYC area has only limited open, undeveloped land. When a real estate developer does find a location, they want to maximize their return on their investment by constructing as large a building as possible and charging the greatest permissible rent.

In such an environment, it is difficult to imagine existing buildings sitting vacant. Why would anyone leave a building empty when it could be generating rents? In some cases, the landlord is the city and according to one report, there could be nearly a thousand empty units.

The city acquired as many as 100,000 units in the 1970s when it attempted to force owners to pay delinquent taxes. Many instead abandoned their buildings. The city then worked to turn these building into low-income co-ops, as part of the Tenant Interim Lease (TIL) program.

Unfortunately, the Department of Housing and Preservation (HPD) program may not have provided sufficient assistance to these tenants to allow them to successfully mature into a functioning association, which meant many failed.

With many of the buildings, there are challenges with a lot of repairs and renovations needed. And getting that work done is equally complex. As one man noted, “someone’s got to work with the banks on the financing, work with the city, hire an architect and engineers, do a scope of work, bid out the work, oversee the construction.”

There is little straightforward or simple when it comes to finding, renting, keeping maintained, and dealing with other rental disputes involving apartments in NYC. There are many rules that need to be followed and other issues and it is always a good idea to seek assistance with legal issues that could make your situation even more difficult.

Source: gothamist.com, “Why Are Hundreds Of Affordable NYC Apartments Vacant?” Emma Whitford, March 9, 2016

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