Landlords and tenants should understand their rights and responsibilities. If a dispute arises, the matter can either be resolved through a negotiated settlement or a civil lawsuit. In any event, the best way for both parties to protect their interests is to consult an experienced landlord-tenant attorney.

Common Landlord-Tenant Disputes

Landlord-tenant disputes can arise due to a wide range of issues, including:

  • Termination and eviction
  • Lease terms
  • Withholding rent
  • Security deposits 
  • Rent control/stabilization
  • Landlord’s access to rental property
  • Tenant protection against retaliation
  • Fair housing rights and discrimination
  • Health and safety standards

Termination and Eviction

Evicting a tenant is not as simple as posting a sign or notifying the tenant to vacate the premises. Instead, an eviction requires official service of notice to the tenant; however, the tenant has the right to contest the eviction in Housing Court. Landlords typically seek to evict tenants for failing to pay rent. By contrast, a tenant who has withheld rental payments because the landlord failed to keep the property in habitable condition may be able to contest an eviction.

Lease Disputes/Security Deposits

A well-conceived lease will contain the necessary provisions governing every aspect of the landlord-tenant relationship. Nonetheless, disputes are common, particularly when the tenant moves out, expecting a full return of the security deposit. By the same token, the landlord is primarily concerned with returning the property to the condition it was prior to the lease. In this regard, landlords are entitled to keep all or a portion of the deposit to repair damages, account for unpaid rent, or address other breaches in the lease agreement.

Right to Withhold Rent/Health and Safety Standards

Tenants not only have rights under the lease agreement but state and federal law as well. Depending on the jurisdiction, if a domicile is not maintained in a manner suitable for habitation (e.g. lead paint, toxic mold), a tenant may be entitled to withhold rent until the home or apartment complex has been made habitable. 

Rent Control/Stabilization

In numerous municipalities, apartments are rent-controlled or rent-stabilized. This means that tenants of these properties are considered a protected class, which provides them with certain rights regarding rent increases, evictions, and security deposit limits. It is not uncommon for landlords to attempt to evict tenants from rent-controlled/stabilized apartments in order to raise the rent for subsequent tenants, in which case the tenant subject to eviction should contact an experienced landlord-tenant attorney.

Landlord Access to Rental Property

Under the terms of most leases, landlords have the right to enter their rental properties for purposes of inspections, repairs, maintenance, and emergencies. Because this right must be balanced with tenants’ rights to privacy and enjoyment of the space, a landlord must provide reasonable notice to the tenant before entering. 

Tenant Protection Against Retaliation

Generally, landlords cannot terminate or refuse to renew a lease to tenants who have (1) filed an official complaint to a government agency, (2) become involved in a tenant’s organization, or (3) asserted a legal right against the landlord. 

Fair Housing Rights and Discrimination

Local, state, and federal laws prohibit housing discrimination based on a wide range of protected characteristics, such as race, religion,  national origin, sex, age, disability, marital status, military status, family status, sexual orientation, and gender identity. This means that landlords cannot make decisions about:

  • Renting an apartment because the renter is a member of a protected class
  • Evicting a renter because the individual is a member of a protected class
  • Charging rent based on a protected characteristic

A landlord who violates housing discrimination laws may be subject to civil lawsuits and penalties. 

Given the complexities involved in these disputes and the overlap of local, state, and federal law, it is crucial for both landlords and tenants to have proper legal representation.

Landlord Tenant Disputes

Landlords and tenants should understand their rights and responsibilities. If a dispute arises, the matter can either be resolved through a negotiated settlement or a civil lawsuit. In any event, the best way for both parties to protect their interests is to consult an experienced landlord-tenant attorney.

Common Landlord-Tenant Disputes

Landlord-tenant disputes can arise due to a wide range of issues, including:

  • Termination and eviction
  • Lease terms
  • Withholding rent
  • Security deposits 
  • Rent control/stabilization
  • Landlord’s access to rental property
  • Tenant protection against retaliation
  • Fair housing rights and discrimination
  • Health and safety standards

Termination and Eviction

Evicting a tenant is not as simple as posting a sign or notifying the tenant to vacate the premises. Instead, an eviction requires official service of notice to the tenant; however, the tenant has the right to contest the eviction in Housing Court. Landlords typically seek to evict tenants for failing to pay rent. By contrast, a tenant who has withheld rental payments because the landlord failed to keep the property in habitable condition may be able to contest an eviction.

Lease Disputes/Security Deposits

A well-conceived lease will contain the necessary provisions governing every aspect of the landlord-tenant relationship. Nonetheless, disputes are common, particularly when the tenant moves out, expecting a full return of the security deposit. By the same token, the landlord is primarily concerned with returning the property to the condition it was prior to the lease. In this regard, landlords are entitled to keep all or a portion of the deposit to repair damages, account for unpaid rent, or address other breaches in the lease agreement.

Right to Withhold Rent/Health and Safety Standards

Tenants not only have rights under the lease agreement but state and federal law as well. Depending on the jurisdiction, if a domicile is not maintained in a manner suitable for habitation (e.g. lead paint, toxic mold), a tenant may be entitled to withhold rent until the home or apartment complex has been made habitable. 

Rent Control/Stabilization

In numerous municipalities, apartments are rent-controlled or rent-stabilized. This means that tenants of these properties are considered a protected class, which provides them with certain rights regarding rent increases, evictions, and security deposit limits. It is not uncommon for landlords to attempt to evict tenants from rent-controlled/stabilized apartments in order to raise the rent for subsequent tenants, in which case the tenant subject to eviction should contact an experienced landlord-tenant attorney.

Landlord Access to Rental Property

Under the terms of most leases, landlords have the right to enter their rental properties for purposes of inspections, repairs, maintenance, and emergencies. Because this right must be balanced with tenants’ rights to privacy and enjoyment of the space, a landlord must provide reasonable notice to the tenant before entering. 

Tenant Protection Against Retaliation

Generally, landlords cannot terminate or refuse to renew a lease to tenants who have (1) filed an official complaint to a government agency, (2) become involved in a tenant’s organization, or (3) asserted a legal right against the landlord. 

Fair Housing Rights and Discrimination

Local, state, and federal laws prohibit housing discrimination based on a wide range of protected characteristics, such as race, religion,  national origin, sex, age, disability, marital status, military status, family status, sexual orientation, and gender identity. This means that landlords cannot make decisions about:

  • Renting an apartment because the renter is a member of a protected class
  • Evicting a renter because the individual is a member of a protected class
  • Charging rent based on a protected characteristic

A landlord who violates housing discrimination laws may be subject to civil lawsuits and penalties. 

Given the complexities involved in these disputes and the overlap of local, state, and federal law, it is crucial for both landlords and tenants to have proper legal representation.