A successful tenant relationship can be mutually beneficial for both owner and tenant long term, however, navigating the landlord-tenant relationship can be frustrating and the legal procedures are often counterintuitive and fraught with challenges especially when disputes arise. In Long Island, New York, these disputes can range from non-payment of rent to maintenance issues and lease violations and holding over ( hold-over ) beyond the lease term regarding possible renewals. Understanding the common issues and knowing how to effectively resolve them is crucial for both landlords and tenants to maintain a harmonious and legal tenancy.
Evictions are summary proceedings as opposed to typical lawsuits. An eviction is what we call a ‘summary proceeding’ which differs from common lawsuits. For example a typical lawsuit involves filing a summons and complaint, awaiting an answer, responses and counterclaims, lengthy discovery and conferences and court proceedings. A summary proceeding is just that – a hearing on the date that the petition is filed for. In order for that to occur there are many rules that must be complied with or you risk dismissal and you are back to square one. Many landlords attempt to evict and face this kind of dismissal.
6 Common Landlord-Tenant Disputes on Long Island
- Tenant Non-Payment of Rent Long Island
- Holdover Tenant on Long Island
- Maintenance and Repair Issues in Rental Properties on Long Island
- Lease Violations on Long Island
- Security Deposit Disputes between Long Island Landlords and Tenants
- Illegal Activities or Nuisance Behavior
1. Tenant Non-Payment of Rent Long Island
One of the most frequent disputes landlords encounter is a simple non-payment of rent. When tenants fail to pay rent on time or in full, it can disrupt the landlord’s cash flow and lead to financial strain. In Long Island, landlords must follow specific procedures to address this issue legally.
Resolution Strategy:
- Notices: New York Law requires that a rent reminder notice must be served upon the tenant prior to a tenant being served a 14 Day Rent Demand or “Pay Rent or Quit” notice, typically giving the tenant a specified number of days (often 14 days in New York) to pay the overdue rent or vacate the premises.
- Legal Assistance: If the tenant fails to comply with the notice, landlords may seek legal help from firms like Witkon Law in Garden City, NY, to initiate eviction proceedings commonly known as a non-pay or non-payment petition. These petitions are filed with the court pursuant to the RPAPL or Real Property and Proceedings Law and there are many specific rules that must be complied with.
2. Holdover Tenant on Long Island
With 17 years of experience, we can unequivocally say that the second most common dispute between landlord and tenants is a holdover ( hold-over ) situation. This occurs when the landlord tenant relationship must, for whatever reason, end. When the lease term is over, and the tenant remains after that date without the permission of the landlord, we have a hold-over. These can by highly disruptive if the landlord must renovate the premises, prepare the premises for sale or desire new tenants to lease the premises. Many times this dispute arises when the landlord first purchases the premises either from the bank at foreclosure, or from the prior owner and wants the property vacant. Other times this can occur when the landlord wants to sell the property and requires the premise vacant in order to maximize the value of the sale. No matter what however, the end goal is not payment of rent but rather getting vacant possession of the premises.
Resolution Strategy:
- Notices: New York Law requires that notices terminating the tenant be served and the length of time to that termination date depends on the length of the tenancy. For example, if a tenant has a lease of a year or less, a 30 day notice must be served. If a tenant has a lease of at least one but less than two years, a 60 day notices must be served and if a tenant has a lease of two or more years a 90 day notice must be served.
- Legal Assistance: If the tenant fails to comply with the notice, landlords may seek legal help from firms like Witkon Law in Garden City, NY, to initiate eviction proceedings commonly known as a holdover ( hold-over ) .These petitions are also as above filed with the court pursuant to the RPAPL or Real Property and Proceedings Law
3. Maintenance and Repair Issues in Rental Properties on Long Island
Maintaining a habitable living environment is a landlord’s responsibility under New York law. The landlord must provide habitable premises. Often, tenants may complain about issues such as plumbing problems, heating failures, or pest infestations that affect their quality of life.
Resolution Strategy:
- Tenant Notification: Tenants should promptly notify landlords of maintenance issues in writing.
- Landlord’s Duty: Landlords are obligated to make necessary repairs within a reasonable time frame.
- Legal Assistance: If landlords fail to address maintenance concerns, tenants may explore legal remedies, including withholding rent in certain circumstances, after seeking legal advice from professionals like those at Witkon Law.
4. Lease Violations on Long Island
Lease violations can encompass a wide range of issues, from unauthorized pets to subletting without permission. These violations can strain the landlord-tenant relationship and lead to disputes over lease enforcement.
Resolution Strategy:
- Review Lease Agreement: Both parties should review the lease agreement to understand their rights and responsibilities.
- Notice: Landlords can issue a “Cure or Quit” notice, giving the tenant an opportunity to correct the violation within a specified period.
- Legal Assistance: For complex lease violations or repeated offenses, landlords may consult with legal experts at Witkon Law to ensure proper legal procedures are followed.
5. Security Deposit Disputes between Long Island Landlords and Tenants
Disputes over security deposits are common when tenants move out of a rental property. Landlords may withhold all or part of the deposit for damages beyond normal wear and tear, unpaid rent, or cleaning costs.
Resolution Strategy:
- Documentation: Landlords should document the condition of the property before and after the tenancy with photos and written reports. It is a good idea to review a lease with an attorney to determine if the agreement adequately protects the landlord.
- Legal Assistance: If disputes arise over security deposit deductions, landlords and tenants may seek legal counsel from experienced attorneys like those at Witkon Law to resolve the matter fairly.
6. Illegal Activities or Nuisance Behavior
Instances of illegal activities or disruptive behavior by tenants can jeopardize the safety and well-being of other tenants and neighbors. Landlords have a duty to maintain a safe environment and may need to take swift action in such cases.
Resolution Strategy:
- Notice and Eviction: A notice to cure should be served upon the tenant in compliance with the lease provisions.
- Legal Assistance: For legal guidance on eviction proceedings and ensuring compliance with state laws, landlords can turn to reputable law firms such as Witkon Law.
Resolving Landlord-Tenant Disputes on Long Island
Resolving landlord-tenant disputes in Long Island requires an understanding of legal rights, following proper procedures, and seeking professional assistance when necessary. Whether dealing with non-payment of rent, hold-over after expiration of the lease term, disputes over maintenance issues, lease violations, security deposit disputes, or illegal activities, both landlords and tenants benefit from clear communication, adherence to lease agreements, and timely legal intervention when disputes escalate.
By addressing disputes proactively and seeking legal guidance from reputable firms like Witkon Law, landlords can protect their investments and maintain positive landlord-tenant relationships in Long Island’s competitive rental market.
For more information on resolving landlord-tenant disputes or legal assistance in Long Island, contact Witkon Law in Garden City, NY.
