Landlords: If You Snooze on the Dog, You Lose
If a tenant makes no attempt to hide a new pet, and the landlord is aware of the pet but fails to take action for more than three months, has the landlord waived its right to complain about the pet? Yes, says the New York Supreme Court in the case of 149th St., LLC v. Rodriguez: 50 Misc.3d 139(A), 2016 NY Slip Op 50146(U) (App. T. 2 Dept.; 2/5/16).
Tips to Help Landlords Run Their Businesses Smoothly
Being a landlord or property manager can be challenging; however, individuals who are new to the business can benefit from taking heed to the following information and tips. In order to ensure that things run as smoothly as possible, one of the first steps a landlord should take is to obtain the right type of insurance coverage to protect his or her investment.
New York Landlord/Tenant FAQs
Whether you are new to being a landlord in New York or you are a seasoned landlord with a few questions and concerns, the attorneys at Griffin Alexander can help you with your landlord-tenant issues. The following common questions and answers are provided to help landlords gain a better understanding of New York landlord-tenant law. However, this information is not meant to serve as a substitute for speaking with a skilled attorney. Contact our office today to discuss your specific situation and how New York law may apply to your situation.
Landlord Files Six-Figure Lawsuit Against Manhattan Woman for Renting Apartment on AirBnb.com
As we have covered previously on this blog, popular sites like Airbnb.com and VRBO.com can bring lucrative seasonal rental income to unit owners or tenants, but can cause gaping holes in terms of safety and security for landlords and permanent residents alike.
UPDATE: U.S. Supreme Court Issues Landmark Ruling in ‘Disparate Treatment’ Case
Recently, we reviewed a closely-watched landlord/tenant case under review by the U.S. Supreme Court. The case, known as Texas Dept. of Housing & Comm. Affairs v. Inclusive Communities Project, Inc., involved a challenge to the notion of ‘disparate impact’ within the context of residential rental properties – a doctrine in place since the 1960’s Civil Rights movement.
An Overview of Security Deposit Law in New Jersey and New York
Security deposits are an important form of insurance that a tenant will pay over to a landlord, for the landlord to hold in trust, at the start of a lease term to ensure that the tenant complies with the terms of the lease agreement. The rules regarding security deposit procedures are governed by state law. New Jersey and New York have different laws concerning the maximum amount that can be accepted as a security deposit, how the payment is held in escrow, and how the security deposit is processed and returned upon the termination of a tenancy. This article gives a general overview on the security deposit laws in the two states.
Landlord’s Rights and Obligations in the Airbnb World
One of the biggest topics in New York landlord/tenant law right now is the ongoing legal and public opinion battle between Airbnb and the City of New York. Many landlords in New York find many of their apartments rented out each day to tourists, business travelers or others on short-term stays, many as short as one (1) night. As New York Councilman Corey Johnson recently expressed in a New York Times article, “No one should have to live in a building or next to someone where the apartment is being used as an illegal hotel, people coming and going, traipsing in and out, no idea who they are.” In addition to the fears of residents and landlords regarding the safety and security of living in or operating a building with transient tenancies, it is also against the law.
Avoiding the Pitfalls of Tenant Bankruptcy
As a condominium or homeowners’ association, you have a duty to ensure all residents are paying dues on time and in full. Moreover, you also likely have a set of governing documents (e.g., restrictive covenants) detailing the procedures to follow if a tenant or resident fails to meet his or her responsibilities with regard to the payment of dues. In a problem all-too-common, HOAs are often tasked with difficult “debt collection” duties – and may wind up spending an inordinate amount of time tracking down payments from irresponsible tenants and residents.
Towing Vehicles of Delinquent Unit Owners: Is This Permissible?
As New Jersey condominium law attorneys, we have seen our fair share of delinquent and irreverent tenants and unit owners blissfully enjoying the common areas of the property while falling months’ behind on dues and association fees. In this situation, what is a unit owner to do? While on the one hand, it is hardly fair for certain habitual-defaulters to enjoy the same amenities as their dues-paying neighbors.
New Jersey Security Deposit Law
The New Jersey Security Deposit Law is an important piece of legislation for landlords and property managers to understand. Over-charging or withholding security deposits unlawfully could result in sanctions and civil liability.