Long Island Landlord Tenant Lawyers Representing Clients in Lease Transactions
Owning rental property can be a great way to diversify your investment portfolio and bring in income from your properties. But it is not necessarily an easy way to make money, and there are plenty of pitfalls to be aware of. There may be times when you have a tenant who is late on the rent or has moved in with someone who is not named on the lease. Some issues can be handled with a quick reminder and reference to the agreed-upon lease terms, but others may be serious enough for you to pursue eviction.
If you are considering becoming a landlord, it is a good idea to have a landlord-tenant lawyer you can trust who can help you create leases, review documents related to the lease agreements, and help you when a dispute or conflict occurs between you and your lessee.
Leases are binding legal contracts, and it is important that you understand what you are agreeing to and how to handle a lease violation. At MontanaroLaw P.C., we can provide legal counsel and help you with all of the paperwork involved in lease contracts so that you can ensure your rights are protected.
What Are the Differences Between Residential and Commercial Leasing?
While residential and commercial leasing is the same in that it is a landlord-tenant relationship, the exact specifications of the lease and the potential issues can be slightly different. For example, a residential lease may have more in-depth clauses on who is to handle what kind of repairs and maintenance to the property.
A commercial lease often involves dealing with corporations or multiple stakeholders instead of just one or two individual people, and the rent amounts are much higher. Commercial leases may also have specific parameters for what the space can be used for and what changes the lessee is allowed to make to the space.
What Has to Be Included in a Lease?
There are not a lot of laws and regulations regarding what must be in a lease agreement in the state of New York, but there are several things that are generally included and others that are good to include. The major things to make sure get put into the lease are the legal names of any tenants, the length of time the lease is valid for, the amount of notice that either party must give the other if they choose not to renew the lease, and the amount of rent and date it is due.
Depending on the situation, you may also want to specifically outline what it means to keep the property in good repair and whether there will be inspections during the lease period. It’s a good idea to specify who is responsible for repairs as well. For example, some landlords choose to make it so that tenants are responsible for repairs that are under a certain dollar amount.
If you’re not sure what should be included in your lease agreement, you can talk with a landlord-tenant attorney. They have experience in seeing what happens when leases are not specific enough and know what the common issues are. This means they can help you draft a lease that anticipates these issues and preemptively lays out how they will be handled so you know exactly what to do when something happens.
What Do I Do If I Have a Dispute With My Tenant?
While a specific, well-drafted lease agreement can help decrease the chances of a leasing dispute, these are an inevitable part of being a landlord if you stay in business long enough. When you have a dispute with your tenant, the first thing to do is refer back to the lease. If the specific issue is covered in the lease, you can fall back on that and any consequences laid out therein.
If the issue is not covered in the lease or the tenant fails to comply, you may need to seek legal resolution through the courts up to and including eviction. An experienced landlord-tenant lawyer can help you determine when it is time to move forward with a lawsuit and what your options are for protecting your investment.
Common Types of Landlord-Tenant Disputes
It can help to know what the common types of landlord-tenant disputes are before you enter into a lease agreement. This knowledge can help you work with an attorney to craft a comprehensive lease that protects your rights — and your investment — as much as possible. Here are a few of the more common disputes that happen between landlords and tenants:
- Nonpayment of rent
- Issues regarding upkeep and maintenance of the property
- Providing the landlord reasonable access to the property and the tenant with reasonable notice
- Adhering to community codes or the bylaws of any homeowners associations
- Inappropriate use of party
- Unlawful subletting
Hiring a New York Landlord Tenant Attorney
Whether you are just thinking about becoming a landlord and want to make sure you understand what leasing entails and how to create a thorough and actionable lease agreement, or you are a landlord needing to evict a tenant, we can help.
MontanaroLaw P.C. has experience dealing with all types of landlord-tenant cases, including those involving residential and commercial properties, and can provide you with effective legal counsel. Call our office at (516) 203-1700 to schedule a free consultation with our law firm or get more information about the services we provide.