If you have a tenant who you don’t really want to have living in your property anymore, one of the things you might do is ask them to leave or offer to buy out a portion of the contract to give them time to move. Sometimes, they won’t want to move, and you will be bound by your contract.

You might think about getting around this by selling the property to someone in your family, because if you sell the property to someone new, they should be kicked out, right? The truth is that they won’t have to move right away, and that could hold up the sale of the property in some cases.

Your tenants have rights

Your tenants do have rights, so you have to be cautious about what you do when you sell a property. New ownership doesn’t necessarily mean that the tenants will be out as soon as the sale goes through.

If your tenant is not on a month-to-month lease, they may have the right to stay until that lease ends even if the property sells before that. Remember that a lease is tied to the property and not to the individual, so a new owner will likely need to allow the lease to continue.

If your tenants are on a month-to-month lease, then you may be able to get them out sooner by giving them the notice to vacate required by law. If you don’t give them the right amount of notice, they’ll be able to stay until that time has passed.

Using a lease termination due to sale clause could help in the future

For landlords looking to protect the right to sell a property without maintaining the tenants, the lease termination due to sale clause may be a good option for future leases. This clause may help you minimize the time you have to give a tenant when asking them to move out, so you can sell a property with no one living in it.

Tenant rights are strong, but there are options to protect you, too. If you have questions, it’s smart to look into the laws carefully before proceeding with asking your tenant to move out.

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Millions of Americans live in rented premises. Despite the mutually beneficial relationship between landlords and their tenants, disagreements arise for all kinds of reasons.

It is not uncommon for landlord-tenant disagreements to result in legal tussles. If they do, it is important to understand the legal implications of such disputes as well as your limits.

Here are common causes of landlord-tenant disputes.

Late or Non-payment of rent

Late or delayed rent is one of the major causes of landlord-tenant disputes. Pretty much every rental contract comes with provisions on the rent amount, when it should be paid, how it should be paid and what happens if the tenant does not follow through with their rent payment. When this happens, the landlord may have sufficient grounds for eviction. And this can potentially result in a dispute, especially if the two parties cannot agree on a payment plan.

Issues with the security deposit

Disputes relating to security deposits are quite common. Most often, the landlord may decide to debit the security deposit for damages incurred while the tenant was occupying the property, and the tenant can vigorously protest this. To avoid these disputes, landlords should provide the tenant with a checklist of the condition of the property at the onset of the tenancy.

Property maintenance

Heaters fail, wall paint fades too. Due to wear and tear, damages are bound to happen. When they do, it is important to understand the damages that are the responsibility of the landlord and those that are the responsibility of the tenant. Damages occasioned by wear and tear should be addressed by the landlord whereas those that are the result of the tenant’s misuse of the property should be taken care of by the tenant.

Disputes involving landlords and tenants are inevitable. If you are caught up in a tenancy dispute, it is important that you understand your responsibilities and legal options. 

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Even if you have a reason why you’d want a tenant to vacate your premises, you need to follow the law. You cannot just evict them haphazardly. Otherwise, you may find yourself facing a wrongful eviction suit. Remember, you cannot evict a tenant to move in a new one paying higher rent or for invalid reasons.

Here is what you need to do under New York law.

You must inform the tenant beforehand

You need to make your tenant aware of your intention to evict them. The eviction notice you serve them should contain the reasons and conditions of the eviction. For instance, if they are late on rent, you could issue the tenant a 14-day notice to pay up or vacate the premises.

Filing an eviction lawsuit

This officially begins the eviction process. You should prepare the petition which explains the legality of your eviction actions. The tenant also needs to know that the case has been filed to respond.

Once you serve the tenant the legal document and attend the hearing, both sides will present their case. The court will then provide a judgment. If the ruling is in your favor, you can request a warrant for eviction.

The actual eviction

With a warrant of eviction, you can proceed to execute it through the sheriff’s office. The sheriff will ensure that the tenant vacates the premises even if it means physically removing them. If you turn off utilities or change locks at this stage, it is not against the law.

Do not leave anything to chance

It is crucial to follow the correct legal procedure to the letter, even if some of the steps may seem trivial. It may protect you from any legal disputes later with an evicted tenant. 

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Most landlord-tenant relationships bring benefits to all parties. The tenant has a safe and clean place to stay and the landlord receives a regular source of income.

Unfortunately, there are occasions where disputes may arise. These can cause significant stress for everyone involved, especially if they last for an extended period. Thankfully, there are some methods to either prevent such disputes or resolve them in a timely fashion.

Stay on top of the law

New York housing law is constantly changing, and it is beneficial for landlords to stay on top of that. By ensuring that legal agreements are watertight from the offset, you might be able to prevent disputes further down the line. While landlords are subject to certain legal obligations, tenants are expected to hold up their side of the bargain too. If everyone knows where they stand in the beginning, there may be less room for disputes later in the tenancy.

Try an amicable approach

If rent is being withheld or you suspect your property has been damaged, this can be infuriating. Your first reaction might be to fly off the handle. Nonetheless, it is important to try to your your personal feelings under control and treat the lease like the business transaction it is. Sometimes, things go wrong and there might not be any foul play involved. By remaining on civil terms with the tenant, issues can often be settled without the need for legal proceedings.

You have legal rights as a landlord

If all of your approaches have been rejected, then you can fall back on your legal protections as a landlord. It is advisable to keep detailed records of any outstanding issues and previous correspondence. The court will need to have a full picture when settling any disagreements.

Landlord-tenant disputes can be frustrating, but they can be resolved. Knowing your legal rights in New York will ensure that you get the protection to which you’re entitled.

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Landlords often have restrictive clauses in their leases limiting what their tenants can do at a property. Frequently, prohibitions on smoking in the unit are part of the lease. Landlords will tell current and prospective tenants that they cannot smoke cigarettes, pipes or cigars in the unit.

Unfortunately, with cold New York weather, always going outside to smoke may seem like a hardship for those quite dependent on nicotine. They may use inclement weather as a mental excuse for knowingly violating the lease and smoking inside. Others may think that they have a system that will prevent the landlord from knowing they smoke inside, such as only smoking in the bathroom with the vent fan running.

Can a landlord keep the security deposit of a tenant who smokes inside a unit during their lease?

Tobacco smoke can cause expensive property damage

Tobacco smoke is problematic for multiple reasons, with one of the biggest being how it makes an apartment look dirty. Walls, ceilings and even light fixtures may look dingy and dirty. Deep cleaning, repainting or replacing parts of the unit will likely be necessary to make it look clean again after a smoker has lived there.

Perhaps more concerning is the lingering smell of tobacco smoke. Especially in a unit with carpeting, the smell may be so pervasive that a landlord must make drastic interior changes to remove it. The costs of remediating smoke damage could be far more than the security deposit a tenant paid before moving into a unit.

There are specific rules for security deposit claims related to damage

New York landlords who intend to hold their tenants responsible for smoke damage to their properties will need to carefully comply with state law. Their obligations will include providing written notice to the tenant after they have left the property regarding the damage to the unit and the estimated costs to repair the smoke damage.

The landlord must give the tenant an opportunity to respond to their notice and substantiate their claims by providing evidence of damage or invoices from remediation professionals. Particularly in cases where the lease has a clear rule against smoking, a tenant may have a hard time fighting back against security deposit claims related to smoke damage remediation.

Learning more about lease violations and how they might affect the security deposit for a unit can help both tenants and landlords dealing with a smoke damage dispute.

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 A lease is a legal contract. If properly written and signed, a lease agreement becomes a binding document that can be enforced against the party when the agreement is violated. However, just like any other contract, a lease document must be prepared in accordance with the existing laws. 

As a tenant, it is easy to feel like the landlord has exclusive powers to decide the terms of the lease contract. However, it is important to understand that tenants have rights too. Here are three provisions that the landlord cannot include in the lease agreement:

1. Passing responsibility for repairs to the tenant

As tempting as this might be, the landlord cannot require the tenant to undertake the general maintenance and upkeep of the property. Why? Because the property owner is responsible for ensuring that the rental unit is fit for human habitation. 

Of course, the story changes if the tenant causes some damages. The landlord cannot be responsible for a repair that is occasioned by the tenant’s improper use of the rented property. For instance, the landlord may deduct the cost of repairing a broken window from the security deposit upon notifying the tenant. However, damages resulting from ordinary “wear and tear” cannot be passed on to the tenant. 

2. Denying some tenants certain privileges

It is important that you treat all tenants equally. This means that you cannot prohibit certain tenants from privileges that other tenants have access to. For instance, you cannot bar some tenants from accessing common laundry facilities, pools, parking or exercise rooms. Doing so amounts to discrimination, and this can set you up for a lawsuit under the federal Fair Housing Act. 

3. Denying a tenant the right to seek legal recourse

You cannot have this clause in the lease agreement in any form, shape or way. If you violate any landlord-tenant law, be rest assured that your tenant will have the right to sue for damages regardless of whether they signed some agreement indicating that they should not. 

A lease contract can go a long way in ensuring a cordial landlord-tenant relationship. However, the agreement must be valid. These are some of the provisions that you cannot include in the lease agreement. 

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You have always been a conscientious and fair landlord to your tenants. When an appliance breaks down or a furnace won’t start, you’ve been quick to make repairs. But in return, you expect your tenants to be responsible, pay the rent on time and otherwise remain a tenant in good standing.

Sometimes, that doesn’t work as well as it should. At some point, you may need to end their tenancy. If they have a fixed lease agreement with you, here’s how that could play out.

Property damage occurs due to tenant negligence

If your tenant is harming or devaluing your property by their actions or negligence, you don’t have to tolerate that. Misuse of your property provides you with grounds for eviction. Use their security deposit to cover repairs. But first, clearly document the damage with photos. Capture the repair process and results as well in case your tenant challenges their eviction.

Harassing or disturbing other tenants or neighbors

Problem tenants can cause long-term, reliable tenants to seek other accommodations, leaving you with empty units. If your tenant is a fan of late-night drum solos or gets into loud altercations with family members, file police reports and get statements from complaining residents. These will serve as evidence when breaking your tenant’s lease. A good paper trail can protect you from untrue allegations that can be costly to defend.

Make sure you are not on shaky legal ground

New York City has some strong tenant advocacy policies in place. Before taking any action to break a tenant’s lease, make sure that you are in full compliance with all local and state tenancy laws and regulations.

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If you have a prospective tenant with a disability or a current tenant who becomes disabled, they may need some changes to the property to be able to access it from the outside or to be able to move around inside.

What are you legally required to do as a New York City landlord? The law you need to reference is the NYC Human Rights Law.

What are reasonable accommodations?

The law requires landlords to make “reasonable” accommodations – in other words, accommodations that can be made without undue hardship to them or to other residents. For example, if a person needs a parking space close to the apartment building, you aren’t required to make another tenant give up their space. However, you can make sure that they get a convenient space as soon as one opens up. The law doesn’t require that you give a tenant precisely what they want, but that you provide an accommodation that will allow them the access they need.

Who pays for the accommodation? That depends. If you need to build or install a ramp because the building is only accessible via steps and your tenant uses a wheelchair, you likely need to cover the cost, which shouldn’t be significant. The same is true if a tenant needs special accommodations within their living space, like grab bars. There may be an exception if it’s a rent-controlled apartment.

Why ADA compliance is key

Be sure that the ramp or any other structural change you make is compliant with Americans with Disabilities Act (ADA) specifications. If it’s not, you could find yourself facing serious fines and a personal injury lawsuit. It doesn’t matter whether a person’s disability is expected to be temporary or permanent. They still have a right to reasonable accommodations.

If you have a prospective tenant with a disability interested in your property, you can’t refuse to rent to them because of that disability. That’s discrimination, and it can cost you far more than a few accommodations would. Even if you have other reasons for choosing another tenant, be careful to avoid even the appearance of discrimination.

If you have any questions regarding reasonable accommodations, it’s wise to seek legal guidance. You don’t want to run afoul of city laws that protect the rights of disabled renters.

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Every landlord hopes for a tenant who pays their rent on time, lives at peace with their neighbors and does not use their rental unit for unintended purposes. Unfortunately, this is not always the case. From time to time, landlords get into disputes with their tenants for a number of reasons.

One of the most common causes of landlord-tenant dispute is non-payment of rent or security deposit. If you are a landlord in New York, it is important that you know the defenses you can use when evicting a tenant due to failure to pay rent.

Here are some of the defense options you can use when evicting a tenant in New York for non-payment of rent.

Proper notice

Tenants are expected to pay their rent on time. Unfortunately, it is not unusual for a tenant to fail to honor this obligation. When this happens, the landlord has a right to evict the tenant in question. However, the law requires landlords in New York to serve proper notice to their tenants before evicting them. And this notice must be in writing and properly served. Without a properly served notice, a New York tenant has a valid defense during the eviction process. And without proper notice and serving, you risk having your case dismissed in favor of the tenant.

Unfixed damages

Wear and tear happen all the time. However, if a tenant causes significant damage to the rental unit, the landlord may issue an eviction notice and retain the security deposit for purposes of repairing the damages. If this happens, it is imperative for the landlord to furnish the tenant with the repair costs for the damages in question and indicate that this cost will be deducted from the security deposit. Again, this notice must be done in writing. Depending on the severity of the damages, the landlord may issue an eviction notice to the tenant to facilitate the repairs.

Landlord-tenant relationships can be rocky and difficult to get around, especially when money matters come into play. Fortunately, both landlords and tenants have rights and responsibilities. Understanding your defense options when evicting a tenant can ensure that you go through this process without suffering any legal or economic damages.

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When a tenant first moves into an apartment or other rental dwelling unit, they typically need to fill out an inventory of all of the existing damage and visible wear to the unit and its amenities. That inventory can eventually play an important role at the end of the lease.

The inventory may provide the basis for the landlord making claims against the tenant’s security deposit or give the tenant grounds to defend against those claims. The landlord can retain some or all of a security deposit to recoup the cost to repair damages to the unit that exceeds normal wear and tear.

What are some common examples of tenant damages that impact the security deposit?

Damage to the walls

Whether the unit has plaster or drywall, making physical repairs will be expensive, making cosmetic repairs may require repainting an entire room. The tenants may think that minor damage, like nails to hang family photos, are a non-issue.

However, wall damage can be costly to repair. In addition to nail holes or marks where tape or other adhesive has pulled paint off the walls, there could be holes in the wall from someone punching the drywall or staining caused by smoking indoors.

Water damage to various parts of the unit

There are numerous ways that a tenant can cause water damage to an apartment. In the kitchen with bad ventilation, putting away dishes still steaming from the dishwasher might cause water damage to the interior of the cupboards.

Not using a fan while bathing or showering could cause water damage to the walls in the bathroom or mold growth. Even hardwood floors could suffer water damage if tenants aren’t careful about their personal habits.

Damage to appliances and fixtures

If a tenant consistently overfills a washer and exceeds its weight limit, they could damage the device and force the landlord to repair or replace it. Tenants could cause discoloration or interior damage to refrigerators and freezers by storing things improperly. They could loosen wires by pulling on a fixture or cause cosmetic damage in any number of ways.

Appliances can be expensive to either replace or repair. Apartment-grade fixtures may be cheap to purchase, but they may require professional work if there’s damage to the plumbing or wiring. Any significant damage to a unit could lead to a landlord making a security deposit claim.

Recognizing that damages are a common source of landlord-tenant disputes can help those moving in or out of an apartment and their landlords better approach that transition.

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