Landlord-Tenant Disputes Attorneys in Tonawanda, New York

Rossi & DeMarco, PLLC represents landlords and property managers in or around Tonawanda, New York, or nearby in Amherst or Wheatfield, or anywhere in Erie County or Niagara County, with a variety of property issues, including the following:

• Drafting strong and thorough leases that protect your property, establish clear expectations for tenants, and comply with the various laws that are designed to protect tenants, including the federal Fair Housing Act, the New York State Human Rights Law, and the very strict New York Landlord-Tenant law.

• Advising new property owners of their obligations under leases that they are acquiring in real estate transactions and ensuring that they are complying with the appropriate laws upon taking possession. Oftentimes, people think because they acquire property that they can simply require a tenant to leave upon taking possession without any further steps.

• Enforcing lease provisions and working with clients on early resolution prior to the need for costly and time-consuming litigation.

• Handling disputes with tenants as it pertains to various lease obligations.

• Pursuing eviction proceedings in town, city and county courts, and ensuring compliance with the rigorous requirements that are necessary for landlords in New York to comply with prior to pursuing an eviction.

If you’re involved in a landlord-tenant dispute in or around Tonawanda, New York, or nearby in Amherst or Wheatfield, or anywhere in Erie County or Niagara County, contact Rossi & DeMarco, PLLC.

Our attorneys are experienced in every aspect of real estate law, including landlord-tenant relationships, and can help you resolve your dispute in the most efficient and practical way.

Rights and Responsibilities of Landlords Under New York Law

Under New York law, landlords have very strict requirements that must be complied with in New York State (both at the state and local level) that can carry significant penalties and fines if not followed. Additionally, failure to comply with these requirements may prevent a landlord or property manager from being able to evict a tenant. Our attorneys help landlords and property managers ensure compliance with the New York State landlord-tenant laws, including the following:

A Written Lease: If a tenant is to occupy a unit, it is good practice to have the terms of such agreement memorialized in a written lease or rental agreement for both landlord and tenant to sign. In some cases, depending on the term, it is a requirement to have a written agreement. If you are currently operating without a written lease, our attorneys can advise as to how you can go about having your tenant(s) enter into a written lease to better protect your landlord rights.

Entry Into Tenant Units: Landlords cannot just knock on a tenant’s door, stroll inside and check things out. The landlord must give notice before entering a unit and must state a reason for doing so. Unless there is an emergency, it is imperative that you follow very specific rules as it pertains to entering your tenant’s apartment.

Security Deposits: A landlord is limited to collecting one month’s rent as a security deposit, and the funds must be deposited in a dedicated account separate from the landlord’s personal funds. A receipt must be given once the funds have been deposited, which names the institution where the funds are being held. When the tenant vacates the unit, the landlord has 14 days to return the security deposit unless a portion or all of it is used for repairs on the unit. In this case, the repair costs must be fully documented and shown to be the result of tenant negligence or actions (beyond reasonable wear and tear). Failure to properly document damages can have significant consequences, and if your tenant has left their unit in poor condition, our attorneys can advise how to properly address and advise of additional options the landlord may be able to pursue beyond the security deposit.

Eviction: A landlord should not incite capricious evictions, such as changing locks or moving a tenant’s possessions out of an apartment. Grounds for filing for eviction include: the lease has expired and the tenant has failed to leave the premises; the tenant has failed to pay the rent on time, or the tenant has severely violated the lease provisions by failing to maintain the unit in habitable condition, disturbing other tenants through noise or other actions, and by conducting illegal activities in the unit. 

Eviction is a challenging legal process in New York that requires very specific steps prior to having a tenant evicted. These steps may change depending on the type of court you have to file your papers in (i.e., city court vs. town court). The landlord cannot simply give the tenant written notice without complying with certain notice requirements and following the proper way to provide said notice to the tenant. Changing the locks or removing tenant’s belongings to outside the unit are also illegal without court authorization. The landlord must always take the tenant to court, win, and receive a court order known as a “Warrant of Eviction” prior to removing a tenant and their possessions. Our attorneys are well-versed in the New York landlord-tenant law and advise landlords and property managers how to legally evict tenants, and how to protect landlord rights against a myriad of free legal services designed to help tenants remain in their apartments even if they are not complying with the lease terms.

Rights and Responsibilities of
Tenants Under New York Law

In addition to the restrictions on landlords discussed above, tenants have rights of their own, that landlords and property managers are not always aware exist and can cause serious problems as it pertains to their rental properties. Although tenants are required to pay the rent on time, maintain the unit in good and habitable condition, and not disturb neighbors through excessive noise or other actions, if they fail to do these things, there are several steps that must be taken first before a landlord can act.

Other pitfalls that landlords and property managers run into when it comes to their tenants include:

Tenant rights embrace:

Taking in Roommates: A landlord cannot restrict a tenant from taking in additional roommates as permitted under New York State law.

Having Repairs Made in a Timely Manner: Tenants can and should report the need for repairs to the landlord, who in turn is required to make a timely response. If after repeated attempts, the landlord fails to make the repairs requested, and said repairs are reasonable or directly impact a tenant’s ability to live safely and comfortably, y the tenant can have the repair made and then deduct the amount from your rental payment (as allowed under New York State law). Our attorneys advise landlords and property managers routinely on how they should handle disputed repairs with their tenants.

Being Protected Against Discrimination: Both the federal Fair Housing Act and New York’s Division of Human Rights protect tenants and prospective tenants from being discriminated against on a variety of grounds. There are very strict laws in New York State regarding background checks, credit checks, or otherwise discriminating against a potential tenant. Our attorneys advise landlords and property managers routinely on how they can and cannot evaluate prospective tenants.

Restrictions On Late Fees: Under New York State law, if you fail to pay your rent on time, landlords may charge a late fee, but the rate must be specified in the lease and must comply with the maximum amount allowable under New York State law. Our attorneys ensure that landlords are only charging fees that are permissible under New York State law.

Pets: Landlords and property managers sometimes believe there can be a blanket restriction on pets. However, there are various laws regarding certain types of pets that are allowed in rental units (such as emotional support animals). Our attorneys help advise landlords and property managers on these rules and how to ensure that the language in leases regarding pets is legally compliant.

Despite laws and regulations – or because they have been ignored or abused – tenants and landlords can get into costly and distracting disputes. The best option is always early intervention to resolve these issues prior to either party incurring a significant expense. However, as a landlord or property manager, this can be difficult without outside help and without being aware of your rights and your tenants’ rights. That’s where the skills and knowledge of our attorneys who are familiar with tenant-landlord laws in New York State and under federal law can step in and help move matters forward efficiently and cost effectively.