Communication is crucial between landlords and tenants. In addition to being intentional about what you communicate with your tenants, you should also pay attention to the communication channel you use.

When a tenant moves in, you will provide them with your preferred methods of communication. Below are three methods to consider:

Texting

Texting can be a great communication channel for quick notes or reminders. You can quickly send text messages regarding maintenance, repair updates, rent due dates and so on.

However, a tenant should have consented to communicating with you via text. You should also inform your tenants of matters that can be communicated through text and when you will be responding to texts. 

Note that it’s easier to lose texts when you change phones or accidentally delete a conversation. That’s why it’s not recommended to handle sensitive matters with tenants via text.

Email 

Email is a reliable platform for conveying crucial matters to a tenant, including lease updates, policy changes and late rent notices. Besides, emails allow you to keep your record and attach documents for tenants.

Phone calls

You can call your tenants in emergencies. For example, when their house needs emergency maintenance. You can also use phone calls to provide polite reminders or when you have an immediate lease concern. 

Further, if you had communicated with a tenant on another communication platform and would like to clarify information, perhaps they asked a question or you missed a detail, you can call to address the issue effectively. 

Phone calls can help you improve your landlord-tenant relationships.

The right communication platform depends on the nature of the conversation you want to hold with a tenant. Consider legal guidance to approach this matter from a professional angle.

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Not every eviction proceeding that a landlord feels compelled to file against a tenant in New York has to do with the nonpayment of rent.

Holdover cases are brought to evict tenants for a variety of reasons – all of which tend to be more complicated than a simple failure to pay.

What usually leads to a holdover action?

Holdover actions often result from messy disagreements between landlords and tenants – but they can also occur between tenants, too. Some examples of situations that lead to holdover agreements include:

• Blatant violations of the tenant’s lease, such as having pets that are not permitted, dealing drugs from the property or generally being a nuisance or threat to others
• A tenant who sublets their property (whether long-term or as a temporary rental through Airbnb) illegally or adds roommates in violation of the lease
• A tenant has permitted a romantic partner or a friend to share their dwelling and now wants them to leave – but the other party refuses to move out
• A landlord discovers a squatter on the premises or a tenant simply will not leave even though their lease has ended

Before you can proceed with an actual eviction, you need to petition the court for relief. However, you cannot begin this process without providing sufficient notice to the tenant. Depending upon the situation, you may need to provide the tenant with a 10-day “Notice to Cure” and the opportunity to correct the problem, or a 10-day “Notice to Quit” if they are being evicted no matter what. For month-to-month tenants in non-rent stabilized dwellings, you may need to give your tenant more notice, via a 30/60/90 day “Notice of Termination.”

Evictions in New York are far more complicated than most people realize, and a misstep in the process can set you back at square one. Seeking experienced legal guidance can help you avoid unnecessary problems and delays.

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In New York, landlords have a legal obligation to comply with the Americans with Disabilities Act (ADA) for rental properties. This federal law was designed to protect individuals with disabilities against discrimination. For landlords, this means ensuring that rental properties are accessible to tenants with disabilities.

Understanding ADA compliance is crucial for landlords to avoid legal repercussions. Certain aspects of the ADA, including those overlapping with the Fair Housing Act (FHA), are relevant to residential rental properties. 

Accessibility requirements under the ADA

The ADA requires that all “public accommodations,” which can include rental offices and common areas of larger residential buildings, be accessible to individuals with disabilities. This includes ensuring accessible entrances, paths and facilities within these areas. While individual private residences aren’t covered by the ADA, the common areas of larger residential buildings are subject to these rules.

Reasonable accommodations in rental properties

Landlords must make reasonable accommodations for tenants with disabilities. This can include modifying rules or services to enable the tenant equal opportunity to use and enjoy the dwelling. 

For example, a landlord might need to allow a service animal despite a no-pet policy or provide a reserved parking space close to the entrance for a tenant with mobility issues.

Modifications to rental units

Tenants with disabilities may request permission to make modifications to their rental unit at their own expense. Under both the ADA and FHA, landlords must allow these modifications if they are reasonable and necessary. These modifications could include installing grab bars in the bathroom, lowering countertops or adding a ramp for wheelchair access.

Failure to comply with ADA and FHA requirements can lead to legal action against a landlord. It’s important for landlords to understand their obligations and to respond promptly and appropriately to requests for accommodations or modifications. 

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New York landlords often create custom leases to protect their interests as much as possible. They sometimes attempt to include terms in their leases that they cannot actually enforce. For example, some landlords may include clauses in their leases limiting overnight guests or even prohibiting people from having others spend the night at a rental property.

Landlords may view this as a way to avoid disruptive social activity like parties or secondary tenants moving into a property and increasing the cost to provide utilities and maintenance to the space. However, those terms could trigger a conflict between a landlord and a tenant and might actually violate existing rules in New York.

Tenants have a right to use their rental property

Those who pay to rent a living space have the right of quiet enjoyment at that property. Typically, they can use the rental space in any lawful manner that does not overtly violate the lease that they signed. Having guests stay over is one of the basic rights of a property owner or tenant.

In New York, those renting a living space usually have the right to host two overnight guests at any given time. They can theoretically allow those guests to stay for up to 30 days without their landlord interfering in their arrangements. Still, there are other rules that limit the tenant’s activity, such as prohibitions against inappropriately using door locks when accommodating temporary guests.

If those guests actually stay beyond that 30-day window, then the tenant may need to renegotiate their lease with the landlord to add a new roommate. In general, landlords usually cannot assess an extra fee or evict a tenant simply because they had overnight guests at a property that they pay to rent. But, with that said, tenants also have to be careful to ensure that they properly comply with both the terms of their leases and New York laws when allowing guests to stay at the property, particularly if they charge short-term fees for the accommodations.

Understanding the rules that govern overnight guests at rental properties in New York may benefit both tenants wanting to make optimal use of a property and landlords concerned about too many people staying at a rental unit.

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In New York, the responsibility for snow removal from walkways associated with rental properties often hinges on the specific terms of both a tenant’s lease agreement and local ordinances. This responsibility can be a point of confusion – and possible contention – for both landlords and tenants, leading to potential safety hazards and legal disputes. 

Ultimately, it’s important to clarify who bears the burden of snow removal to maintain safe premises, comply with local laws and avoid preventable disputes between landlords and tenants. 

What does the lease say?

A lease agreement is the first place to check who is responsible for snow removal. In many cases, landlords include a clause specifying who must clear snow and ice from walkways, driveways and other common areas. If a lease explicitly states that the landlord is responsible for snow removal, they must comply with this obligation. Conversely, if the lease delegates this responsibility to the tenant, then it’s the tenant’s duty to ensure timely snow and ice removal.

What do local laws say?

Local laws and ordinances in New York can also dictate snow removal responsibilities. For instance, in New York City, property owners are generally responsible for clearing snow and ice on sidewalks adjacent to their properties within certain time frames after a snowfall unless the terms of a lease explicitly dictate otherwise. Failure to do so can result in fines. Both landlords and tenants need to be aware of these local regulations as they can override stipulations in the lease agreement, should they so choose. 

Why does it matter?

Liability for injuries resulting from improper snow and ice removal is a significant concern. If someone is injured due to uncleared snow or ice, the responsible party could be held liable for damages. This underscores the importance of clearly defining and adhering to snow removal responsibilities.

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When you rent a property in New York, knowing your rights as a tenant is essential. One aspect of tenant rights is understanding your landlord’s responsibilities. 

The best way to know if your landlord is fulfilling these responsibilities is to understand what they are. 

Providing habitability

Habitable living conditions mean that the property should be free from hazards that could affect your health or safety. Landlords must promptly address issues related to heating, plumbing and electrical systems.

Repairs and maintenance

Property maintenance is your landlord’s responsibility. They must fix structural hazards, repair appliances provided in your rental and keep the premises in good repair. If you notice any problems, report them to your landlord in writing; they are generally required to address them within a reasonable timeframe.

Pest control

New York City is no stranger to pests like rodents and insects. Landlords are responsible for ensuring that their properties are pest-free at the time of rental. They must also take action to eliminate any infestations during your tenancy.

Providing essential services

Landlords must provide essential services like heat, hot water and electricity. In New York, specific guidelines dictate the minimum temperature that must be maintained during the heating season. 

According to this law, the temperature should not be under 68 degrees during the day when it is 55 degrees outside.  The temperature should never drop below 62 degrees at night. Hot water should be available 24/7.

Tenants have rights. Part of these rights is ensuring your landlord fulfills their responsibilities. If your landlord is not providing the services mentioned above, you may be able to take legal action. Knowing your rights is the best way to protect them. 

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Managing rental properties can be challenging, and dealing with disputes over rent payments adds an extra layer of complexity. 

As a landlord, encountering a situation where a tenant claims to have paid rent but there’s evidence to the contrary requires a strategic and professional approach.

Assess the documentation

Before jumping to conclusions, reviewing your payment records meticulously is crucial. Cross-reference dates, amounts and any accompanying notes to verify all transactions related to the tenant in question. This detailed examination can reveal discrepancies or confirm the tenant’s claim.

Your bank statements serve as a reliable source of truth. Compare the entries on your bank statements with the claimed payment dates. This step provides an additional layer of verification and can strengthen your position if a dispute escalates.

Communicate your findings

Once you have gathered the necessary evidence, initiate a respectful and open conversation with the tenant. Use clear and concise language to express your concern about the apparent discrepancy in rent payments. Encourage them to provide their perspective on the situation.

Try to ensure that all interactions with the tenant are well-documented. This includes written communication, emails or any verbal agreements. Keeping a record of discussions can be valuable if legal action becomes necessary.

Look for a resolution

Consider offering the tenant alternative payment plans or a grace period to rectify the alleged missed payments. This demonstrates your willingness to work collaboratively and can maintain a positive landlord-tenant relationship.

Issue a formal notice

If all attempts at resolution fail, issue a formal notice outlining the discrepancies in rent payments and the actions required to remedy the situation. Clearly state the consequences of non-compliance, emphasizing your commitment to upholding the terms of the lease agreement.

Dealing with a tenant who claims to have paid rent when evidence suggests otherwise demands a strategic and composed approach. By diligently assessing documentation, maintaining open communication and exploring legal options, landlords can navigate this challenging scenario professionally while adhering to the law.

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Normal wear and tear in a rental unit refers to reasonable, everyday use leading to the gradual deterioration of the space. This happens without any negligence, carelessness or abuse coming from the tenant. This is the type of minor everyday damage that should be expected when someone lives in a space for a significant amount of time.

It’s important to differentiate between actual damage that a tenant has caused negligently or intentionally and the normal wear and tear that is bound to take place. Tenants are generally not responsible for normal wear and tear, while they can be held accountable for damages beyond that. A landlord can take money for extensive damages out of a tenant’s security deposit.

Why might a conflict occur?

Concerns about damage can sometimes lead to conflicts because tenants and landlords disagree about what the tenant is liable for and what actually counts as damage. Examples of normal wear and tear in a rental apartment may include:

1. Faded or worn-out paint or wallpaper due to aging or sunlight exposure.
2. Minor scuff marks on walls or floors from regular use.
3. Lightly worn carpets or flooring, especially when considering in high-traffic areas.
4. Loose door handles from regular opening and closing.
5. Loose or misaligned hinges.
6. Fading or discoloration of fixtures or surfaces over time.
7. Minor wall damage, like small nail or screw holes left after hanging decorations and pictures – if done responsibly.

However, damages beyond what is considered normal wear and tear – such as torn wallpaper, shattered windows, major holes in the walls, noticeable stains or burns on the carpet, excessive damage from pets or neglect that results in significant damage – are generally the responsibility of the tenant to repair or cover the cost.

When a tenant moves out, landlords typically go through a careful inspection to see if there is any damage or other such issues. This is when the security deposit may be an issue, as it can be used to cover some repair costs – if they go beyond normal wear and tear.

As such, it’s advisable for tenants to document the condition of the unit when they move in and when they move out to support any claims regarding the condition of the rental property. If a dispute does occur over a security deposit or other such issues, those involved need to be well aware of their legal options. Seeking legal guidance is a good way to gain this valuable clarity.

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As a landlord, you may have a tenant who is not in their unit 100% of the time. Maybe they travel for work. Perhaps they spend time staying with a significant other. Maybe they are simply busy and they spend a lot of time outside of New York for leisure or vacation.

Regardless of the reason, your tenant has decided that they are going to list the unit on Airbnb. When they’re not using the space anyway, they figure that they can make some extra money by renting it to someone who is coming to the city, perhaps as a tourist. Is your tenant allowed to do this?

2 potential problems

First and foremost, New York has special restrictions on Airbnb rentals, which are short-term rentals. They all have to be properly registered with the city and have the correct status. If your tenant has not done this, they could be illegally using your property in a way that violates local restrictions. They may not realize that they haven’t taken all the correct steps because they are not the property owner, but it could still lead to a lot of legal issues.

The second problem is just that it may be a violation of your lease agreement. As a landlord, you can stipulate that your tenants are not allowed to sublease the space without permission. A short-term rental – whether it is done through a platform like Airbnb or independently – is essentially just a string of subleasers. The tenant needs to be aware of the contract that they have signed.

Are you facing a legal dispute with one of your tenants over these types of issues? Make sure you are well aware of all of your legal options.

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Landlords and residents typically sign leases. A lease establishes what each party expects from the other.

Generally, every lease has a set of rules that tenants must follow. If these are not followed, then the tenant may violate their lease, which can lead to negative consequences, including eviction. Here are a few ways that can happen:

1. Late rent

One of the biggest issues that immediately violates a lease is when there is unpaid rent. Some tenants may miss rent one month and make up for it with late fees and other consequences. However, it can become an issue if rent is habitually late.

2. Indoor smoking

Smoking causes a lot of issues for rentals. The smell of tobacco and other products can get into walls and ceilings, making it nearly impossible to get out. If a building has multiple units, then smoking may also disturb other residents.

3. Noise disturbances 

Many leases establish quiet hours so that residents can get a full night’s rest before school or work. If a tenant is repeatedly being reported for noise disturbances at odd hours of the night, then it may be a lease violation. 

4. Damaged property

Property damage can make it harder for landlords to rent out their units to new tenants. It can also cost landlords a lot to make repairs to damaged units. 

5. Long-term guests

When tenants sign a lease agreement, it’s often agreed that only those who signed the agreement are staying in a unit. Tenants can typically have people stay over at their residence. But, when a guest overstays their welcome, then it may breach a lease.

6. Unregistered pets

While some landlords allow their tenants to have pets, it’s often agreed that they are responsible for what their pets do. Pets can damage properties and leave stains and smells. Tenants that bring unauthorized pets into their rental units may be violating leases that prohibit pets.

7. Unsanitary conditions 

Landlords can expect tenants to keep their units clean and hospitable. If a tenant doesn’t clean, it can attract rodents and insects. These critters can cause damage to properties and violate lease agreements. 

A lease violation does not necessarily mean the end of a professional relationship. Landlords and tenants may need to discuss their legal options to remedy any issues between them.

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