The issue of bed bugs in rental properties is a contentious one, often leading to disputes about who should bear the responsibility for costs associated with their eradication. This issue has legal and ethical dimensions, and it varies by jurisdiction and the terms of any particular lease agreement. 

It’s important to understand that no single answer to this question fits all circumstances. As a result, it’s important for tenants and landlords alike to seek legal guidance if they’re unsure of their specific rights, especially because insurance doesn’t tend to cover these costs on behalf of either party. 

Considering the issue from “both sides”

From the tenant’s perspective, there is a concern that bed bugs can be introduced to a property through various means, such as another tenant’s furniture, through no fault of the infested tenant’s own. Therefore, they may contend that landlords should assume the financial burden of eliminating these pests. Additionally, many tenants believe that landlords should maintain their properties to a standard that prevents infestations, as they are responsible for the overall habitability of the dwelling from which they potentially profit.

On the other hand, landlords argue that tenants should take precautions to prevent bed bug infestations. They may claim that it’s the tenant’s responsibility to promptly report an issue to the landlord to prevent the spread of the infestation. Some lease agreements explicitly stipulate that tenants are responsible for the cost of bed bug extermination.

Resolving concerns

In many cases, a resolution to this issue will depend upon the specifics of local laws and any particular lease agreement. Yet, it’s fair to consider that the responsibility for bed bug costs should be shared to some extent. Tenants should take measures to prevent infestations and report issues promptly, while landlords should maintain their properties to minimize the risk of infestations and respond promptly to tenant reports. 

Fair and balanced lease agreements, combined with knowledge of local regulations, can help prevent disputes and ensure that the responsibility for bed bug costs is fairly distributed between tenants and landlords.

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Tenants in New York and elsewhere adore animals of all shapes and sizes, while landlords often view them with skepticism or hostility. Individual people may benefit from the companionship of animals and the structure that they can provide for daily life, but the animals could very well damage a rental property. Tenants are often keen to secure housing where keeping a pet is an option.

There are certain circumstances in which New York landlords will accommodate the animals of their tenants. What situations may allow those who rent a property to keep a pet on the premises?

Special terms in a lease

Some New York landlords will allow pets, provided that the circumstances meet certain standards. Tenants may need to fill out a separate application for the pet that includes information about their veterinary care records. They may need to pay a deposit or an additional cleaning fee. There might even be a monthly rental charge for the pet in addition to the standard rent. Landlords generally get to set the terms that apply

Service animals

For decades, federal law has allowed individuals to utilize dogs and miniature horses as service animals. Landlords have an obligation to accommodate somebody if they require a service animal to perform medical functions for them. Federal law treats such animals, when properly trained, as a reasonable accommodation for someone with a disabling medical condition.

Emotional support animals

Emotional support animals almost blur the line between household pets and service animals. They often have no training whatsoever but may serve an important purpose by helping an owner regulate their emotions. In theory, emotional support animals also provide a necessary service to those with disabling medical conditions, and therefore New York considers them a reasonable accommodation. Only in cases where allowing them would cause undue hardship can landlords limit their presence.

Landlords concerned about service animals and emotional support animals may need to tread carefully to avoid violating the rights of their tenants. Understanding when tenants may lawfully have animals present in rental units may help landlords or tenants more effectively navigate a dispute about whether someone can have an animal and what, if any, fees may apply.

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Owning a rental property comes with its share of upsides and downsides, and most are centered around people. One of the downsides to being a landlord is that you are never in full control of what your tenant does on a day-to-day basis.

No landlord foresees their tenant going to jail at some point. Unfortunately, if your tenant ends up on the wrong side of the law, they might end up in jail. But can this justify a termination of the lease agreement?

Dealing with a tenant’s incarceration

As a landlord, you want to avoid troublesome tenants by all means. And this is where a good tenant screening comes in. However, even with adequate measures in place, you might still find yourself in this situation. If this happens, here are a couple of steps you need to take:

Establish that the tenant is actually in jail

First things first – be positive that your tenant is actually serving jail time. You may establish this by getting in touch with their family or contacts listed in the lease contract and confirming your findings with the court records.

Reach out to the tenant

Once it is clear that your tenant is incarcerated, you need to hear their full story. Your communication with them will determine your next course of action. Some of the things you want to establish at this stage include the circumstances surrounding their incarceration, the duration of the incarceration, whether they will continue paying rent and whether co-tenants (if any) will continue with the lease.

Once you have established the tenant’s situation, you may proceed as follows:

• Continue the lease as-is
• End the lease on grounds of non-payment of rent
• End the lease on grounds of abandonment

If your tenant is incarcerated, however, it’s not unusual to wonder what to do. Understanding your legal options can help you safeguard your rights and interests while dealing with tenant incarceration.

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If you’re a landlord, you know that maintaining a harmonious relationship with your tenants is crucial to the success of your rental property business. 

Disputes with tenants can be costly and time-consuming, not to mention damaging to your reputation. Below are four effective strategies savvy landlords can implement to help avoid disputes with their tenants altogether. 

Rigorous tenant screening

The foundation of a dispute-free landlord-tenant relationship begins with the tenant selection process. It’s essential to thoroughly screen potential tenants to help ensure they fit your property well. You can utilize comprehensive background checks to evaluate a tenant’s rental history, credit score and criminal background. Look for any red flags that might indicate a potential issue down the road.

You can also schedule face-to-face interviews with prospective tenants. This will give you an opportunity to gauge their personality, communication skills and overall compatibility with your property’s rules and regulations.

Don’t forget to contact previous landlords and personal references provided by the tenant. Ask about their rental history, reliability and any past disputes they might have had.

Clear and comprehensive lease agreements

A well-drafted lease agreement is your best defense against disputes. Make your lease agreements clear, comprehensive, and legally sound. You can achieve this by clearly outlining the responsibilities of both the landlord and the tenant. Include details about rent payments, maintenance duties and any specific rules or regulations for the property.

If you have specific policies regarding pets, be sure to include them in the lease agreement as well. Specify any restrictions, pet deposits or additional fees associated with pet ownership.

By implementing these strategies, landlords can significantly reduce the likelihood of tenant disputes. However, if disputes arise, don’t hesitate to enlist the necessary legal counsel and tackle them swiftly.

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Wear and tear are granted in any occupied property. But what happens when, after a breakage, a malfunction or a wear-out, the landlord decides to take their sweet time to fix the problem?

As a tenant, you have a duty to pay rent on time and adhere to the terms of the lease agreement. In exchange, you have a right to a habitable property. However, it is not uncommon for the landlord to fail to make certain repairs when called upon to do so. 

What is the landlord responsible for?

While it’s the landlord’s job to ensure that the rental property is habitable per New York’s “Warranty of Habitability” law, you need to understand that every repair request is unique. Consequently, this means that some repairs might not fall within the landlord’s responsibility. 

That being said, the landlord must take care of issues like mold, leaks, gas problems, electric problems, HAVC problems, insect and rodent infestation and broken locks. Basically, these are issues that touch on the tenants’ health and safety and impact the property’s habitability. So, what do you do if you feel the landlord is walking away from their responsibility?

Refer to your lease

Most lease agreements outline the process of initiating a request for a repair. If the lease requires that you call a specific provider for the repairs, do so.

You want to try to follow the laid down process first. Then, be sure to create a journal of the repair requests you make. Write down the date and time of the request as well as the nature of the repairs you are requesting and keep copies of all documents, papers and written communication about the issue.

What if they don’t act?

Landlords are required by law to keep the rental property habitable. If they fail to respond to your request for repairs, you need to explore your legal options. 

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When you sign a lease agreement, you hope both parties will live up to their end of the bargain through the lease period. Landlord-tenant disputes are not uncommon, however. And when these disputes amount to a breach of the lease agreement, you may pursue the liable party for damages. 

If you are considering taking legal action for breach of the lease agreement, it is important to understand that time is of the essence. New York, like other states, has a time period within which you must bring your civil claim. This is known as the statute of limitations. 

Understanding the statute of limitations

Basically, the statute of limitations is the deadline within which you must file a lawsuit. Each type of case has its own statute of limitations. Thus, with a few exceptions, a seemingly genuine claim can be thrown out if you file after the expiry of the statute of limitations period. 

So how much time do you have to bring a landlord-tenant dispute before a court of law in New York?

Most landlord-tenant disputes happen when one party breaches the lease contract. Per New York law, you can usually sue the breaching party within six years from the date they breached the lease agreement. Unlike other states, New York is not bound by the discovery rule. Thus, your case will likely be struck out if you argue your case on this premise. 

Asserting your rights following a breach of the lease agreement

The key to moving forward with a breach of lease lawsuit is to begin by establishing if it falls within the statute of limitations period. Keep in mind that no two breaches are the same. Understanding how New York landlord-tenant laws work can help you safeguard your rights and interests when pursuing the breaching party for damages. 

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As with many other places, landlords must provide tenants with habitable living conditions in New York. This is a principle legally referred to as the “warranty of habitability.” 

It implies they must make necessary repairs and regularly maintain the premises safe and livable. While specifics may vary based on the lease agreement, certain repairs are generally the landlord’s responsibility.

Major structural repairs and safety hazards

Landlords in New York are legally responsible for maintaining the structure of the building and ensuring it remains safe and free from health hazards. This includes addressing major structural issues like leaks in the roof or problems with the foundation. Landlords are also obligated to take care of pest infestations, including roaches, rats or bed bugs.

Essential utilities and services

Landlords are required to ensure that essential services are available and functioning properly. This includes providing hot and cold water, heat during the colder months and ensuring that the electrical and plumbing systems are in working order. 

Hazardous conditions

New York landlords are responsible for repairing any conditions that pose a risk to safety. For instance, if a staircase in the building becomes unstable or a lock on the apartment’s main door is broken, it would be the landlord’s responsibility to promptly make these repairs. Also, in accordance with local laws and building codes, landlords must ensure that each apartment has properly installed and maintained smoke detectors.

Landlords usually take pride in the condition of their rentals. Tenants who encounter one who refuses to make repairs may find that legal action is necessary. Working with someone who knows this state’s landlord-tenant laws is beneficial in these cases. 

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As a landlord, you have rented out an apartment to someone whom you believed was a single individual. They lived there on their own for months. But now things are changing, and they want to have their partner move in. They’re not married, but they are a couple in a defined romantic relationship.

In many cases, a tenant will allow their partner to move in without even considering what steps need to be taken. This could be concerning to you as a landlord because someone who is not on the lease may now be living in your space. Is this kind of informal occupancy adjustment advisable?

What does the lease say?

One thing to consider is the category that this person falls into. For example, with guests who are only staying for a few days, there’s usually no need to adjust the lease. But if this person is going to be an occupant who lives in the space long-term – essentially a sublease – then it might be best to have them on the lease. Occupants can include children, parents or romantic partners. If the lease requires your tenant to notify you of an occupancy adjustment, hold them to that. If it doesn’t, request that they add them for the additional tenant’s legal protections and interests as well as your own.

You can make exceptions

That being said, it is up to you as a landlord how you want to handle this. Do you want that new person to officially sign the lease so that they have a legal obligation to pay rent every month? Or are you willing to allow your tenant to simply have their partner live with them for as long as they want? After all, that relationship could end, and the tenant is theoretically paying the lease themselves anyway. It may not be a problem to allow this other individual to live there, as it is different than just having a random subleaser in the space.

Overall, though, it’s best to talk with your tenant about the stipulations in the lease and to ensure that all of the proper legal steps are taken. For landlords, the safest option is often to adjust the lease so that it acknowledges everyone who may be living in the space long-term. Even if this is not necessary, it’s worth considering.

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Those renting in Queens or elsewhere in New York City pay a premium for relatively small spaces. Many of them, therefore, take excellent care of the places they call home, but not everyone makes safety and cleanliness a top priority. 

Tenants have a major impact on the condition of a unit, and it is reasonable for landlords to expect that tenants will remove trash and otherwise keep the space sanity. Still, landlords also have certain maintenance and upkeep obligations that they should fulfill. 

There can be tension when pests turn up at a rental unit. Landlords might blame the occupants, while the occupants just want the landlord to fix the problem. Who technically has responsibility for cockroaches or other pests that infest a rental unit in New York City? 

Landlords are responsible for pest remediation

Although one could easily raise a claim that the conduct of tenants can directly cause a pest infestation, it is usually the landlord’s responsibility to address tests if they become a problem at a rental unit. Tenants have to provide proper notice to the landlord about the issue and may even need to arrange some place to stay during the treatment process. 

Landlords should address issues with pests quickly so that they don’t get worse or endanger the health of any of the occupants. Disagreements about pests like cockroaches at a rental unit could lead to litigation or claims against security deposits in some cases. 

Understanding who is responsible for different forms of maintenance will benefit both landlords and the tenants occupying their rental properties.

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Evicting a tenant can be complicated. In addition to being protected by New York State rent laws, the courts have sole jurisdiction in the final decision. However, with a valid reason, including not paying rent, a landlord may have grounds to evict a tenant. 

But you will observe certain procedures before initiating an eviction. First, you need to send your tenant a notice by certified mail informing them their rent is outstanding when it’s at least five days past the due date. After that, you will need to send a written rent demand that warns them to pay rent. This is the 14-day notice to pay rent or quit the premises.

Here is what to include in the notice:

General information

Your notice should include your name, the property’s address, current date, the tenant’s name and house number. It may be best to inform the tenant that this is not an eviction notice at the beginning of the letter to avoid misunderstandings. 

The violation

You will then state the violation in your letter (failure to pay rent) and the clause they have breached on the rental agreement. List the months and amounts the tenant owes you. 

Remedy options

Inform the tenant that they should pay the rent in full in 14 days or move out of the rental unit. And if they don’t, you may file an eviction lawsuit. 

Who to contact

The last paragraph of your letter should inform the tenant who they can contact if they have questions. 

A 14-day notice to pay rent or quit differs from a notice of eviction – it warns the tenant to pay rent. It will be best to get legal guidance when writing this notice to protect your rights.

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