Landlord-tenant disputes are not uncommon. After all, there are bound to be disagreements among property owners and occupiers. Understanding the most common issues between landlords and tenants is helpful and can better ensure that all parties protect their rights and interests.

If you’re stuck in a landlord-tenant dispute of any kind, don’t hesitate. We can answer all your questions during your free consultation. Contact us online or give us a call today!

Non-Payment of Rent: The Big Issue

Non-payment of rent is one of the most common disputes that landlords face. When a tenant fails to pay rent, landlords may feel justified in pursuing eviction, as rent is the core of the landlord-tenant relationship. However, you (the tenant) might withhold rent for a variety of reasons, such as unresolved maintenance issues or because the unit is deemed uninhabitable. This often leads to legal standoffs.

If you’re a tenant and withholding rent because of poor living conditions, there are local laws that protect you. Many states or regions require landlords to maintain their properties to meet certain standards. If the landlord fails to do so, you might have legal grounds to withhold rent until repairs are made. However, it’s important to note that withholding rent can be tricky—if you don’t follow the proper legal procedures, you may face eviction for non-payment. On the other hand, landlords usually have a right to evict tenants who consistently fail to pay rent. But they cannot simply lock you out without proper notice and following legal procedures.

If you are facing an eviction, it’s wise to seek legal advice immediately. In cases of non-payment, courts often get involved to determine whether the landlord has met their obligations (e.g., repairs) and whether the tenant has a valid defense.

Lease Violations: Breaches of Agreement

Lease violations can lead to a variety of disputes. These violations can include unauthorized subletting, engaging in illegal activities on the property, or making alterations to the premises without the landlord’s consent. If you’re a tenant and find yourself accused of violating your lease, you might face eviction or be asked to pay compensation for damages.

However, not all lease violations are as clear-cut as they seem. For example, a landlord might accuse you of unauthorized subletting even when you’ve been allowed to have a friend stay for a short period. In such situations, you may be able to argue that the violation was either not severe or that you were not adequately informed about the rules. It’s important to communicate with your landlord when there’s a misunderstanding, and keep a paper trail to prove your position.

If you’re a landlord, it’s vital that you handle lease violations carefully. Before initiating eviction proceedings, ensure that the lease violation is significant enough to warrant such action and that you’ve followed the proper steps. Eviction for minor violations can often be avoided with a simple conversation or negotiation.

Maintenance and Repairs: A Tenant’s Right

Another major source of conflict in landlord-tenant disputes is the issue of maintenance and repairs. Landlords are legally obligated to ensure that their properties are habitable and meet certain safety standards. If the landlord fails to address serious issues—such as leaks, heating problems, or broken plumbing—it can lead to dissatisfaction on the tenant’s part.

Tenants, on the other hand, might try to withhold rent or seek legal remedies if their landlord fails to make necessary repairs. For example, if your unit has a leaky roof and you’ve informed your landlord multiple times without any response, you may be able to legally withhold rent until repairs are made, depending on your jurisdiction. Before doing so, you must follow the proper procedure—typically, giving your landlord notice and allowing them reasonable time to address the problem.

In some cases, tenants may also choose to make repairs themselves and then deduct the cost from their rent. However, this should only be done after attempting to resolve the issue with the landlord. If you’re in a situation like this, check local tenant laws to ensure you follow the right process.

For landlords, it’s critical to stay on top of maintenance requests to avoid disputes. You should be proactive in addressing necessary repairs and keep detailed records of all communications with tenants regarding maintenance issues. You might also want to consider conducting periodic inspections to ensure the property is in good condition.

Security Deposits: A Frequent Battleground

Security deposits are another area where conflicts frequently arise. As a tenant, you might be frustrated if your landlord withholds part or all of your security deposit at the end of your lease, claiming damages or unpaid rent. The truth is, landlords can only keep a portion of the security deposit if there’s legitimate damage beyond normal wear and tear or if there are outstanding bills that were agreed upon in the lease.

As a tenant, it’s important to request an itemized list of any deductions the landlord makes from your deposit. If you don’t receive this in a timely manner, you might be entitled to a full refund of your deposit. If you disagree with the deductions, you can negotiate with the landlord or take the matter to court.

Landlords, on the other hand, should be sure to follow all local laws regarding security deposits. For example, some jurisdictions require that security deposits be returned within a certain period of time, and they often mandate that landlords provide an itemized list of damages if they are withholding part of the deposit. Failing to comply with these requirements could lead to legal consequences.

To avoid issues with security deposits, both tenants and landlords should document the property’s condition at the beginning and end of the lease. Taking photographs and keeping a checklist can help protect both parties if disputes arise.

Understanding common landlord-tenant disputes in New York benefits all parties involved. It can help them to appreciate and work to protect their rights. Seeking legal guidance is always an option in this regard. For your free consultation, contact us online or give us a call today!

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