Conflicts can sometimes occur between tenants. If they do it is important for landlords to realize that they cannot just evict someone, as the law gives tenants a lot of protection.

Here is how you can handle a problematic tenant:

Have rules

The easiest way to avoid tenant conflicts is to prevent them before they happen. Thus, it’s crucial to have rules on what is allowed or prohibited regarding shared spaces, music/parties, smoking, pets and so on. When someone moves in, they should have a copy of these rules. Nonetheless, some complaints may still arise despite rules being in place.

 Listen to the complaint

When you receive a report of a dispute, you should meet with involved parties and listen to their concerns. This helps you obtain more information to determine the best way to solve the situation. During this meeting, you should ask questions and be sympathetic throughout. They should know their complaint is valid and you take it seriously.

If you have a policy for handling such complaints in your rental agreement, this is the time to apply it.

Keep a written record

You should write notes from the meeting to document the case. In addition to the cause of the conflict, your report should include:

• The date of the complaint
• Involved parties (their names and house numbers)
• The resolution
• The date of the resolution.

If one of the parties is involved in future disputes, these records might help you to evict them.

If one of your tenants is being disruptive you may need help to understand your legal options.

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When you rent a place to live, you want to feel safe. At the same time, you also want to feel free to go about your life without others seeing everything that you do. Thus, if a landlord puts up cameras, you might question if they are justified and if they’re even legal.

Landlords want to protect their premises and their tenants, so some cameras make sense. Not only can cameras act as a deterrent to potential thieves or aggressors, but they can help capture evidence if someone does break into a property and steal things or attacks someone.

Is the area public or private?

Tenants are entitled to privacy within their apartment or house, so a landlord should not put cameras inside them.

Landlords can, however, place cameras in public areas. Most tenants are so used to having cameras in public places that they are unlikely to be bothered by them and will probably appreciate the security they provide. Here are some questions to consider.

Is it capturing anything it shouldn’t?

A camera installed in a public area that is capturing someone inside their home is not OK. Cameras in elevators with a microphone that records private conversations are also prohibited. It’s as much about what the camera records as it is about where it is situated.

Are the tenants aware of the presence?

To prevent problems, it’s best if landlords make tenants aware of where the cameras are by indicating it in the rental agreement. Hidden cameras could lead to problems.

Well-written lease agreements help both parties to understand their rights. It’s wise to have legal guidance when you create or modify a lease agreement. This can help you avoid potentially costly issues in the future.

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Landlords and tenants will sometimes find themselves in disputes over who has to pay for repairs to a space. This can happen to both residential and commercial tenants. The landlord may contest that the tenant damaged the space and should have to repair it, while the tenant will claim that the landlord is responsible for those costs.

Oftentimes, what the tenant will say is that the damage to the property is just normal wear and tear. But what does this actually mean?

Expected deterioration

The problem with “normal wear and tear “is that it generally just refers to the expected deterioration in a space. Anywhere that people live or work, that space is going to be damaged in minor ways. Carpet will wear down with foot traffic, for instance. A baseboard may get scuffs and scratches. Floorboards may become loose over time. These are all relatively unavoidable issues that would happen to anyone.

On the other hand, unexpected property damage goes beyond what you would anticipate from someone simply living in the space. They have done something – perhaps on accident or by being negligent – to cause an excessive amount of damage. Scratches on a windowsill may count as normal wear and tear, for instance, but a broken window probably will not.

With that said, even this doesn’t define the concept in a way that is always satisfactory. What type of damage should someone realistically expect? Are these expectations ever defined by either the landlord or the tenant? It may be important to consider exactly how the damage occurred to determine who was responsible. Was the tenant acting in a negligent manner at the time, or were they simply living their life when the damage happened for reasons largely outside of their control?

Working through this process

Needless to say, landlords and tenants are not always going to agree on who caused damage or who is responsible for the costs. A significant dispute can arise, especially if the damage is extensive and will be very costly to fix. In a situation like this, it’s important for all involved to know exactly what legal options they have and to seek legal guidance whenever necessary.

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When dealing with a loud tenant, it is important for a landlord to take appropriate action to address the issue promptly and effectively. 

Whether you have noticed the noise yourself or you have been notified of a problem via a noise complaint, there are certain considerations you’ll want to make as you move forward. 

Initial communication

The first step is to communicate with the tenant and make them aware of the noise issue. Contact the tenant, ideally in writing for record-keeping purposes, explaining the complaints received from other tenants or neighbors regarding the noise. Clearly state the specific noise-related violations or disturbances that have occurred, and emphasize the importance of maintaining a peaceful and quiet living environment for everyone.

During this communication, it is important to remain calm and respectful. Give the tenant an opportunity to explain or rectify the situation. Sometimes, tenants may not be aware that their behavior is causing a disturbance, and a polite conversation can help resolve the issue amicably. If the issue persists after the initial warning, you can escalate the response to the next step.

Taking legal action

If the initial warning and communication fail to resolve the noise issue, you may need to take legal action. Depending on the local laws and regulations, you may need to issue a formal written notice, such as a “Notice to Cure or Quit” or a “Notice to Cease and Desist.” This notice typically specifies the noise violations, sets a deadline for compliance and warns of potential consequences if the noise problem persists.

If the tenant continues to be disruptive and fails to comply with the notice, you may need to pursue eviction proceedings. It is wise to follow the proper legal procedures and seek legal guidance, as compliance violations can compromise the strength of your position and violate a tenant’s rights. 

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Once the dangers of tobacco became well known, researchers and safety experts began warning the public of not only the direct consumption of tobacco products but also secondhand exposure. Those in close proximity to others ingesting tobacco products can end up developing many of the same medical issues that plague regular smokers.

Thirdhand smoke is not as well known. It involves the residual smoke that develops on surfaces where people consume tobacco. Can landlords penalize tenants for the effects of thirdhand smoke on a unit if the tenant never consumed tobacco on the premises?

Severe thirdhand smoke exposure could cause damage

How long someone stays in a unit and how frequently they consume tobacco products can have a major impact on how much thirdhand smoke they create in a unit. In theory, landlords can potentially file a claim against a tenant if thirdhand smoke damages the unit during their tenancy.

Landlords in New York and elsewhere often impose restrictions on smoking in their units because tobacco smoke can stain surfaces throughout a unit and possibly to health concerns, especially among those with respiratory issues. There are chemical tests that can determine if the residue on dwelling unit surfaces is from tobacco products.

If there is enough thirdhand smoke to trigger a positive response on those tests, landlords could potentially retain part or all of someone’s security deposit or even take them to court in an attempt to remediate the damage caused by the thirdhand tobacco smoke. Recognizing how smoking could damage a rental unit can help landlords and tenants avoid or better navigate conflicts about personal habits.

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Pets can benefit individuals and families alike. They can provide companionship, entertainment, protection and specific kinds of support. As a result, it can be difficult for renters when they learn that they are not permitted the freedom to own pets in the same ways that homeowners are. As a result, some renters may attempt to skirt a landlord’s restrictions on pet ownership.

At other times, renters may push back against a landlord who attempts to keep a renter from owning a pet. They may even allege that they are being unlawfully discriminated against. The validity of such claims is contextual. Some pet ownership restrictions are permitted by law, while others are not.

Why legal guidance can be helpful

All landlords in the U.S. are required to abide by the terms of the 1968 Fair Housing Act. This federal law gives renters the freedom to seek accommodations without fear of being discriminated against due to a number of protected classifications, including race, religion and disability.

Therefore, if an individual who has a disability needs to live alongside a service animal, a landlord cannot lawfully restrict such ownership. Additionally, many states have also expended legal protections for so-called “comfort” animals. There is no universally-accepted sense of what a comfort animal is, so states employ their own definitions and restrictions with regard to this concept.

As a result, it can be helpful for landlords to seek legal guidance before making determinations concerning pet ownership. Without clear guidance, a landlord could potentially find that they are unintentionally violating state law by denying a resident permission to own a pet.

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Tenants have to follow their lease agreements when living in apartments. Many lease agreements have very basic and universal terms. But, some landlords may be particular and include unique terms in a lease.

To ensure that a lease agreement is being followed, it may be best to review the terms. Here are a few ways a lease may be violated:

1. Unauthorized pets

Most lease agreements have some kind of terms regarding pets. Some lease agreements plainly state that pets are prohibited in apartments. While other leases may have one or two small pets with one-time and monthly pet fees. Tenants may violate their lease by allowing an unauthorized pet into their apartment. 

2. Indoor smoking

Smoking has been known to damage homes. People who smoke indoors may discolor walls and leave a lingering smell, which can be unattractive to new tenants and disturb other tenants in the building. One way landlords can try and prevent this is by having a no-smoking term in the lease. Tenants who are caught smoking indoors may violate their lease.

3. Noise violations

People have jobs and school and don’t want to lose sleep because a tenant is making noise all night. Many tenant agreements include hours where tenants must lower their volume so that others aren’t disturbed. If it becomes a constant issue, then there may be a lease violation.

4. Long-term guests

Many landlords rent apartments based on the size of the building and how many people are staying in a room. As such, tenants who have other people living with them that weren’t authorized may be in violation of their lease agreement.

5. Property damage

Tenants should be aware that, while they live in an apartment, they don’t have the right to destroy the property. Tenants may cause damage to an apartment that costs the landlord repair bills. If property damage is extreme or continues to happen, then the landlord may believe that a tenant has violated their lease.

If a tenant violates their lease, then there could be legal battles. You may need to reach out for legal help to ensure you have a favorable outcome. 

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While most landlord-tenant arrangements work well, without any major issues on either end, sometimes problems can occur.

Understanding the likely causes of problems allows both parties to act to reduce the chance it happens to them. Here are two to consider:

1. People are unclear about their expectations

You probably shouldn’t tell everyone what you’re thinking all the time. Yet, when it comes to a contract, it is best to make your thoughts clear to the other party before you commit. 

Maybe you’re a prospective tenant with a strong wish to grow vegetables in a backyard garden, for example. Bringing it up before you sign the lease is best. If you find your landlord is opposed to you digging in the yard, you may be better off looking for somewhere else. It is better to discover that now than to take the place without mentioning it to the landlord and then have to remove your boxes because the landlord does not like them. 

2. Landlords make unfair exceptions to the rules

When you took the property, the landlord made it perfectly clear that they do not allow pets. Sometime later, you notice that one resident has bought a cute puppy for their child. You know the landlord knows about it because the child took the puppy to show them. When you investigate, you discover that the child is the landlord’s godchild. You’d be right in feeling that does not make it OK when your contract prevents you from having one.

A successful lease requires the commitment of both parties. If you fear the other side is failing to meet its obligations, consider legal help to examine your options.

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Whether you are a landlord or a potential tenant, you must ensure your lease agreement is adequate before signing it. It’s far simpler to make adjustments or walk away now than to deal with problems arising from an inadequate or misunderstood agreement.

Here are some things to consider:

Make expiration, alteration and notice options clear

Landlords need to know when to look for a new tenant, and tenants need to know when to look for a new place to rent. Setting a precise expiration date enables this. If the arrangement works well, you might both be happy to extend it, yet a landlord may consider that impossible at the current rates. Setting out allowable percentage increases beforehand gives both parties security and allows them to plan.

Situations can change. A landlord may want to sell up due to ill health, or a tenant may get a job offer in a different city. Clarifying notice periods can help you to end the arrangement in a way that is fair to both of you.

Lay out all expectations and costs

Properties have costs, and you need to clarify who is responsible for each of them. Doing so now reduces the chances of disputes later. Do not be tempted to leave anything as a gray area. You also need to clearly define what constitutes an overdue payment and what that means for the tenant, including extra charges, grace periods (or the lack thereof) and whether payment must be in a specific form.

Landlords also have the right to expect certain behaviors of their tenants and vice-versa.  The clearer you make these from the outset, the better your chance of knowing whether the arrangement will work. Putting them into the contract also allows you to hold the other party responsible when they fail to keep to their side of the bargain.

Your contract must also comply with New York City housing laws. It’s a complex area, so you should consider legal help to find out more.

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As a landlord, it can be very frustrating when you rent a property you own, and your tenant does not pay their rent or is late paying their rent. It can be a delicate situation, especially if you like your tenant and know they care about your property and keep it neat and in good shape.

You have several options if your tenant is not paying rent:

1. Discuss the issue with them. Ask them if they are having trouble financially and why they are not paying rent. Suggest ways to get up to date on their rent payments, such as family members or government programs.
2. If the non-payment is because the tenant has a problem with you or the property, they can pay. Still, they will not because of the issue. You can suggest mediation. Mediation is a highly effective form of alternative dispute resolution, and it is often used for landlord/tenant cases.
3. If your tenant is completely unresponsive and not cooperating, the only legal way to evict a tenant who is not paying is through a non-payment eviction process, which takes place in Housing court, a special court for these types of cases.

Non-payment evictions

If you decide to go to court to evict your non-paying tenant, you must first notify the tenant that the rent is late and what the balance is. You must also let them know that you will evict them if rent is not paid. It would help if you did all of this in writing to keep a record of when and what you said to your tenant.

Three days after you give written or oral notice and demand that your tenant pays rent, you can file a non-payment proceeding in Housing court if they still have not paid. After this, you will serve the tenant with papers, and they will have to answer the petition in court. On their court date, the tenant will have an opportunity to explain their case before the judge.

Before directing a city marshal to evict the tenant, the landlord must obtain a possession judgment. The tenant may have a defense, but if their defense is unsuccessful, you can evict your tenant legally.

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