Landlord – Tenant

Failure to pay rent on time, violation of a Lease/Rental Agreement or conducting illegal activity can result in eviction or non-renewal of the lease after the rental period ends.

Required notice in New York for eviction is mutually dependent upon the length of the lease relationship. If the lease relationship is for less than 1 year, then a landlord may give 30 days notice. If longer than a year, then 60 days is required. Typically anything longer than 3 years requires 90 days notice. Note that these time periods may be lengthened by the terms of a lease (but not shortened).

A landlord may typically enter a tenant’s apartment with reasonable prior notice to provide routine maintenance or agreed upon repairs or services, only with the tenant’s reasonable consent. If the tenant unreasonably withholds consent, the landlord may seek a court order to permit entry. In an emergency, such as a fire or water leak, the landlord may enter the apartment without the tenant’s consent or prior notice.

Landlords have various responsibilities, including maintaining a safe and habitable living space, addressing repairs promptly, keeping common areas clean, providing heating and hot water, adhering to housing codes and laws, respecting tenant privacy, refunding security deposits correctly, communicating effectively, and complying with all relevant regulations. 

Tenants have essential responsibilities when renting a property. Foremost, timely rent payments are imperative to avert late fees, legal actions, or potential eviction. Maintaining the rental unit’s cleanliness and condition is equally important, encompassing routine cleaning, minor repairs, and swift reporting of maintenance issues or damages to the landlord or property manager. Compliance with property rules and regulations, whether regarding indoor smoking, pet ownership, or quiet hours, is a tenant’s obligation. Tenants must also exercise care to prevent any harm to the property and its contents, extending to any damage resulting from guests or pets. Granting the landlord or property manager access for necessary repairs or maintenance is another responsibility, and, upon lease termination, tenants are tasked with returning the property in the same condition it was at the lease’s commencement, accounting for normal wear and tear. Understanding these responsibilities is imperative, necessitating a thorough review and comprehension of the lease agreement’s terms.

Tenants without a lease typically have rights under a month-to-month or tenancy-at-will arrangement. These rights generally include a habitable living environment, advance notice for rent increases and terminations, protection from retaliation, the right to quiet enjoyment, non-discrimination, security deposit protections, access rights with notice, and the ability to make necessary repairs and deduct costs from rent.  Specific tenant rights may vary by jurisdiction, so it’s crucial to understand local laws and consult with an attorney for guidance on tenant protections in a given area.

In the realm of landlord-tenant relationships, occasional disputes can emerge, particularly concerning rent-related matters, such as rent increases, late fees, bounced checks, and security deposits. Disagreements may also surface over maintenance and repair issues, property damage assessments, noise disturbances, lease violations, and eviction proceedings. Whether it’s a tenant’s dissatisfaction with property conditions or a landlord’s concerns about lease compliance, these disputes can be challenging and stressful for both parties involved. To mitigate or prevent these common conflicts, open and clear communication is often the key to fostering healthier landlord-tenant relationships. Having a lease with clearly defined rights and obligations can mitigate disputes.