A dispute between landlord and tenant regarding a rental agreement or broader relationship responsibilities is known as a landlord-tenant conflict. Such conflicts can arise from issues such as rental property, lease terms, living circumstances and many other matters. These conflicts can potentially be resolved through a variety of methods, such as mediation or negotiation. Disagreements between a landlord and a tenant can often be resolved outside of court, meaning that litigation is relatively uncommon in this regard. However, this kind of legal action may become necessary if the parties cann ..read more

Regardless of your feelings about rent controls, both landlords and tenants should understand as much as possible about the different situations when rent can be raised despite rent stabilization. One of the most common situations that comes up is when a landlord wants to make improvements to their property – and raise the rent accordingly. This is when it’s critical to know the difference between individual apartment improvements (IAIs) and major capital improvements (MCIs) IAIs benefit specific tenants IAIs refer to upgrades or renovations made to individual rental units within a building. T ..read more

As a landlord, you will want to know that your tenants will look after your property well. You may have been happy to rent to a young professional couple. You know they can pay the rent and are beyond the age where parties can get out of hand and leave the place a mess. Yet that might change once you discover they are about to have a baby. As charming as babies and young children can be, they are not the best at looking after things. They may see your freshly painted wall as the ideal place for their latest crayon drawing. Or a dining table as the perfect place to carve patterns with a fork. C ..read more

Although a rental relationship can be beneficial for both landlords and tenants, there are also risks involved for everyone. Tenants might be at risk of losing their place to live when the property changes ownership or when they experience financial hardship. Landlords accept the risk that their tenants could fail to pay their rent or could do real damage to the property that they own and lease to others. New York rental laws permit landlords to require security deposits to minimize the risk of losses. Those funds paid by the tenant can help landlords recoup unpaid rent or address property dam ..read more

Imagine that you come home from work and you just want to relax after a long day. But when you get home, your apartment door is open and someone is already inside. It’s your landlord, they entered your apartment unannounced. Or, perhaps you got home and thought it looked as if items had been moved around in your apartment. It just wasn’t quite the same as when you left. You asked your landlord, and they later told you that they needed to do some things in your apartment while you were at work, so they went in without informing you. Either way, it feels like an invasion of your privacy. Can you ..read more

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 shoul ..read more

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 ..read more

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 ..read more

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 con ..read more

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 th ..read more