New York landlords must give tenants written notification of the following:

• If there is an “automatic renewal” clause in the lease, the landlord must give the tenant fifteen to thirty days advance notice that the rental period is about to be automatically renewed.
• Non-payment of rent: The landlord must properly serve the tenant with a three-day notice to pay late rent or vacate the premises.
• Other violations of the lease: The tenant must be served with written notice that if violations of the lease are not corrected within a certain amount of days specified in the lease, the lease will be terminated. Examples of violations are: improper subletting, excessive noise or violation of a no-pet provision.
• A month-to-month lease, unless otherwise specified, may be terminated by either the landlord or the tenant on a full month’s notice. No specific reason is necessary for the landlord to terminate the lease of a month-to-month tenant. For example, in order to terminate a lease effective November 30, notice must be given no later than October 31.No notice is required to terminate a lease for a fixed-term (e.g. January 1 through December 31). However, a tenant should be sent a written reminder, well in advance of the expiration of the lease, that he or she will have to move if the lease is not renewed in writing by a certain date.
• Landlords may increase the rent (except in rent-controlled apartments) of month-to-month tenants on a full month’s notice.

Q. My Buffalo, NY apartment was damaged in a fire. Can I terminate my lease and move out?

A. This will depend on the condition of the apartment and the terms of your lease.  Tenants have the right to vacate their apartments and cancel the lease if:

1.         The building is destroyed or damaged (e.g., fire, hurricane),

2.         The building is untenable and unfit for occupancy,

3.         The damage is not due to the tenant’s fault or negligence, and

4.         There is no lease clause or other written agreement preventing the tenant from                                canceling the lease.

Landlords should use lease clauses that:

• Require the tenant to give the landlord prompt written notice of fire damage or a dangerous or defective condition.
• Require that the tenant pay rent for the usable part of the apartment if damaged.
• The landlord is not responsible for delays due to settling insurance claims, obtaining estimates, labor and supply problems or any other cause not fully under the landlord’s control.
• The landlord has the right to cancel the lease.
• The building can be either demolished or rebuilt.

The landlord has the option of what will be repaired or replaced in the building.

Collecting a security deposit from the tenant is an absolute necessity because lawsuits against tenants for property damage and unpaid rent are very costly, the tenant may be “judgment proof” and the landlord does not have a right to seize the tenant’s property or obtain a lien for unpaid rent.

The security deposit should be collected before the tenant is given the apartment keys.

Security deposits are trust funds which are used by the landlord to pay for damages to the apartment and to cover non-payment of rent.  There is no limit on the amount that New York landlords can request for a security deposit.

The landlord should provide the tenant with an itemization of all deductions that are made from the security deposit.

Landlords may not combine security deposit funds with their own personal accounts.  The tenant must be notified in writing of the name and address of the bank holding the security deposit and the amount deposited.

This information should be contained in the lease.

If you need more information on New York Landlord-Tenant Law, type a question into the search box found on the lower right left of this page or see my New York Landlord-Tenant Law webpage.

The right NY property manager can make the difference as to whether or not you succeed as a landlord.  First, have your accountant prepare a budget which includes capital improvements, advertising, taxes, insurance, vacancies and supplies.

Interview a few property managers to get an idea of the range of services that are available.  The property management agreement should be reviewed by your attorney.

Ask the following questions when interviewing New York property management companies:

• Is the property manager certified?  For example, “RAM” is a national certification program sanctioned by the National Association for Home Builders and approved by the United States Department of Housing and Urban Development.  The program educates, trains and certifies managers of multi-family housing.  Its goal is to set professional competency standards and offer professional training.
• Is the property manager a licensed New York real estate broker?  In order to collect rents or lease real estate, the property manager must have a broker’s license.
• What are the names, addresses and phone numbers of the manager’s references?
• Are there any past or pending discrimination complaints against the company?
• What services does the basic fee cover? (e.g. order and supervising repairs, paying bills, financial management, emergency services, collecting rents and leasing.)  What services will cost extra?  The fee is usually a percentage of gross rental income.
• Are the employees bonded?
• What experience do the key employees have?
• Are evictions started at the owner’s direction and by the owner’s attorney?  Even if the owner has given the manager a power of attorney, the manager cannot handle the eviction for the owner.  Either the owner or his attorney must appear in court.  It is the unauthorized practice of law for a non-attorney managing agent to draft and file legal documents, appear on behalf of owners in court and make legal and factual arguments on behalf of the owner.

New York tenants can use retaliation as a defense to a landlord’s eviction suit.  The landlord is presumed to have retaliated against the tenant if the retaliation takes place within six months after:

1. The tenant complained to the government (e.g. health department or building inspectors);
2. The tenant sued the landlord to enforce the rights under the lease; or
3. The tenant recovered a court judgment against the landlord for damages from retaliation, or successfully used retaliation as a defense to an eviction proceeding.

This presumption does not apply if the tenant violates the terms and conditions of the lease, including nonpayment of rent.

The effect of the presumption is that the landlord must give a believable explanation to the court that his actions were not motivated by a desire to retaliate against the tenant.

Retaliation includes:

1. Landlord’s efforts to evict a tenant by serving an eviction notice or starting a court eviction proceeding; or
2. Landlord’s substantial change of the terms of the tenancy, including refusal to renew the lease.

This retaliation law is not applicable if:

1. The dwelling is owner-occupied with less than four units;
2. The condition from which the complaint or action arose was caused by the tenant, a member of the tenant’s household or a guest of the tenant; or
3. The lease provides for termination of the tenancy upon a transfer of ownership of the apartment.

New York landlord-tenant guides are available free online from the New York courts, the New York Division of Human Rights, the New York Attorney General, the New York City Bar Association, HUD, the New York Health Department  and other agencies and organizations, as follows:

Guide to the NY Courts http://www.nysba.org/

Fair Housing Guide http://www.dhr.state.ny.us/pdf/DHR_FairHousing4.11.pdf

Housing Rights of People with Disabilities http://www.dhr.state.ny.us/pdf/trifold-housing_disability.pdf

Guide to Small Claims Court http://nycourthelp.gov/

How to Prepare for a Landlord-Tenant Trial nycourts.gov/

How To Get A Place Called Home A handbook to help people with HIV/AIDS find housing in NY State

Tenant’s Rights Guide http://www.ag.ny.gov/

Housing Guide for Senior Citizens http://www.ag.ny.gov/

Manufactured Homes Tenants Guide http://www.ag.ny.gov/

Tenant’s Guide to NYC Housing Court http://www.nycbar.org/

Companion Animals in NYC http://www.abcny.org/

EPA’s New Renovation, Repair and Painting Rule www.centerforhealthyhousing.org/

REASONABLE MODIFICATIONS UNDER THE FAIR HOUSING ACT http://www.hud.gov/

Renovate Right by EPA http://www.centerforhealthyhousing.org/

Fair Housing Information Sheets http://www.bazelon.org/

These recent verdicts for commercial and residential landlord/tenant disputes cover a no-pets policy which violated Fair Housing laws, a landlord who destroyed an auto shop owner’s equipment, sexual harassment and assault, false claims of child abuse and a landlord who delayed development of a golf course.