Trusted and Experienced AttorneysCall Now

Landlord – Tenant Issues and Disputes

Landlord tenant dispute resolution is a complex area of real estate law. These can involve dicey matters whether you are a property owner who rents to residents or a business leasing premises to another enterprise. Since property owners benefit from rental income and residents and businesses enjoy the use of the property, it is in everyone’s best interest to settle these disputes. However, we also understand that if you are losing income or property value, eviction is often your only remedy as a property owner.

Gertler Law Group LLC offers experience and knowledge when you face a dispute with a landlord or tenant. Many times, there is a lack of understanding on lease terms and other times, there may be arrearage in rent payments. If you are facing a conflict in this area, contact us today so you can take an appropriate course of action within legal requirements.

Residential Lease Issues

New York state offers extensive rights to residential tenants. There are notice requirements if you or your tenant wish to terminate the lease. As a landlord, you also have obligations to maintain habitability. This can all seem very overwhelming, especially if you are new to managing residential rental property.

Gertler Law Group, LLC is here for you whether you are renting out your first townhouse or have been owning and managing apartments for decades. The first step to these transactions running smoother is understanding your duties. We start with guiding you through these requirements so your management procedures continue within legal parameters. Our attorneys do this by:

  • Reviewing your expectations and services
  • Helping you develop screening procedures
  • Writing clear rental contracts whether they are month-to-month arrangements or longer term leases
  • Helping you develop procedures for maintenance and inspection

Many residential arrangements proceed without incident because everyone starts out understanding each other. However, there can always be shortcomings. Tenants may stop paying rent or take in roommates who are not authorized. They may commit criminal acts on your premises or damage your property. While you may screen thoroughly, there are times when even that step does not protect you completely. Sometimes, it is not a matter of “if” but “when” you encounter a problematic tenant.

For these instances, our attorneys can assist with guiding you through eviction proceedings and collecting expenses from former tenants. Since New York tenant protections are very stringent, you want to be sure to proceed correctly in these cases or the court may not approve your eviction. When you retain experienced counsel, you are more likely to experience less drama and secure control of your property sooner so you can bring in a new tenant.

Commercial Lease Issues

New York does not grant the same protection to commercial renters as they do residential ones. There are no habitability requirements or duties to repair. The only times these warranties apply is in the most egregious of cases where health and safety could be compromised.

You still have requirements to follow as a commercial property owner. Likewise, as a commercial leasor, you are entitled to certain expectations and duties as well. Just as with residential contracts, understanding is essential to the commercial landlord-tenant relationship.

Gertler Law Group LLC is often on either side of commercial leases. We represent small businesses that may face a dispute with a landlord. Clients also include property owners who lease out business accommodations for offices, restaurants, and other commercial endeavors. If we are involved from the beginning, we can help assure smoother commercial lease transactions that are based on mutual understanding and benefit.  However, we are equally prepared to offer representation in cases where longer term leases suddenly result in a conflict.

Our services for commercial leases include:

  • Review and drafting of lease documents
  • Negotiation regarding any changes to the property, like adding equipment
  • Discussion about repair services provided
  • Representation or mediation when disputes arise
  • Managing commercial eviction proceedings
  • Liquidating commercial property after successful eviction

Many commercial lease disputes are easily solved without eviction. The earlier you contact us in your disagreements, the sooner we can help resolve the matter so you can proceed with your daily business. These matters can be time consuming for both businesses that lease property and property owners, so a mutually beneficial solution is in both of your best interests.

Landlord-tenant disputes are often stressful and time consuming no matter their nature. Residential and commercial arrangements face unique issues that must be handled cautiously and within the confines of the law. Hiring an experienced real estate law firm in these instances is your most prudent course of action. If you are facing a dispute with a landlord or tenant, contact Gertler Law Group, LLC today.