Category Archives: Landlord Legal Issues

NY Tenants Experiencing COVID-19 Financial Hardship Can’t be Evicted

The Tenant Safe Harbor Act (“TSHA”) was signed into law by Governor Cuomo on June 30, 2020 to address the tidal wave of evictions looming over New Yorkers. Courts are prohibited  from ever evicting residential tenants who experienced financial hardship for nonpayment of rent that accrues or becomes due during the COVID-19 State of Emergency. It would apply to any […]

Difficult Landlord Issues

Difficult Landlord Issues

Are you facing difficult landlord issues? It is hard work and can be overwhelming. With the help of a lawyer, these issues can be much easier. Difficult Landlord Issues | Death of a Tenant As a Rochester Landlord Tenant Lawyer, landlords often ask me what to do in the event that their tenant dies. First, […]

5 Questions Most Landlords Forget to Ask

5 Questions Most Landlords Forget to Ask

If you are a seasoned and veteran landlord, you are aware of the stress you have to handle on a daily basis as you try to conduct your business with a variety of tenants. This is true even if you are planning on entering this risky business by becoming a landlord and renting out your […]

How Can I Evict a Tenant?

Rochester Landlord Tenant Lawyer Discusses Eviction

Rochester Landlord Tenant Lawyer Discusses Eviction As a Rochester Landlord Tenant Lawyer, I am often asked how to evict a tenant for nonpayment of rent. The first step is to serve a notice on the tenant to pay rent or get out. After that the city or town court papers are served on the tenant […]

Rochester Landlord Tenant Lawyer Discusses Leases

Rochester Landlord Tenant Lawyer Discusses Leases

As a Rochester Landlord Tenant Lawyer, landlords often ask me whether or not they should use a lease. I recommend that a lease be used in all instances, which will provide for recovery of late charges and attorney’s fees in the event you need to evict the tenant. It doesn’t necessarily need to be for […]

When Can I Keep A New York Tenant’s Security Deposit?

If you are a landlord, you may have asked your tenant to provide a security deposit, to cover any losses you may incur for unpaid rent or damages. In New York, there are specific state laws about security deposits. There may be local laws as well. In addition, there are different rules for deposits on […]

A Rental Property That I Own Had A Small Bug Problem & The Tenants Are Refusing To Pay. Is This Legal In New York?

Under New York law, in every lease for residential property there is an implied warranty of habitability. This is true whether or not it is actually written into the lease. The implied warranty of habitability means that every landlord warrants three things about the property: that the property is fit for human habitation, that the […]

How Can I Find Good Tenants in New York Without Being Accused of Discrimination?

Being a New York landlord can be a difficult job. Finding good tenants who pay on time and keep the property in reasonably good condition can be a constant struggle. If you end up with a tenant who doesn’t pay and damages the property, evicting them and recovering damages can be difficult or in some […]

New York Landlord Not Liable For Dog Bite

Plaintiff sued the landlord and tenant for injuries that his son sustained when he was bitten by the tenant’s dog.In order to recover against a landlord for injuries caused by a tenant’s dog on a theory of strict liability, the plaintiff must demonstrate that the landlord: (1) had notice that a dog was being harbored […]

Are NY Condo Board's Liable For Second Hand Smoke?

Yes, a condominium board’s obligation to regulate second hand smoke is based on New York Real Property Law (RPL) section 339-v(b)(i) which requires all condominium bylaws to include such restrictions on and requirements respecting the use and maintenance of the units and the use of the common elements, not set forth in the declaration, as […]