Top 10 Questions NYC Landlords Ask | Landlord Attorney Brooklyn & Eviction Attorney Manhattan
- Carl J. Muraco
- 3 days ago
- 6 min read
I am a landlord attorney and an eviction attorney in NYC who handles evictions every day, representing property owners throughout Brooklyn and Manhattan. As an eviction attorney who focuses on small landlords, I receive many different questions on a regular basis. It got me wondering what the top 10 Googled questions are by small landlords in NYC, so I decided to ask AI. I asked ChatGPT to tell me, “what are the top 10 questions asked (Googled) by small landlords in NY.”
Below are the questions listed, and below each individual question is my response:
“Can I evict a tenant for not paying rent and how long does it take?”
ANSWER: The short answer is yes, but the process must be done correctly from the beginning. In NYC, this typically starts with a 14-day rent demand that must be properly served under RPAPL 735. There are also additional mailing requirements and notices that must be included, particularly under the current Good Cause Eviction framework. The court expects strict compliance, and even small mistakes can result in a dismissal.
My office recommends starting a nonpayment case once a tenant owes 2 months of rent.
If you have a month-to-month lease with a tenant, you may not be permitted to start a nonpayment case. You should contact my office to confirm whether you can start a nonpayment proceeding or if a holdover must be commenced. As an eviction attorney in Manhattan and a landlord attorney in Brooklyn, I often see cases delayed simply because the wrong proceeding was started.
“How do I screen tenants legally without getting sued?”
ANSWER: A landlord should create a set of rules for applicants and follow these rules consistently for all applicants. New York City has very strict anti-discrimination laws, and enforcement has become more aggressive in recent years. Landlords must be consistent in how they evaluate applicants and cannot reject someone based on protected characteristics or lawful sources of income such as CityFHEPS.
A landlord should create a standard application and have all applicants complete it as part of the same process. There are many services online that can streamline this process, or you can work with a realtor.
A landlord does not need to give an applicant a reason for not renting to them.
TIP: The city has agencies calling unsuspecting landlords and real estate agents asking questions designed to determine whether the landlord is discriminating, such as “do you accept Section 8 or CityFHEPS.” Once you have a system in place, the safest response is: “we accept all applications and make determinations after a thorough financial review,” and then offer the application.
“What’s the safest way to handle security deposits?”
ANSWER: In NYC, a landlord is only permitted to accept a maximum of 1 month’s security deposit for residential units. There is no limit for commercial units.
You should keep the security deposit separate, and you cannot apply the security to rent or other charges until the tenant vacates.
Once the tenant vacates, you can apply the security deposit to arrears, legal fees, late fees, and any damage beyond normal wear and tear. Most importantly, the law requires that a notice be sent to the tenant within 14 days after they vacate the unit informing them of any deductions, or you must return the full amount.
The deductions must be specific, such as $450.00 in legal fees, $1,200.00 in arrears, and $850.00 for removal of remaining property and disposal. You must provide an itemized list of deductions within the 14 days, sent via certified mail, or you forfeit the deposit. You cannot simply list a lump sum. Each item must be broken down.
“What do I do if a tenant stops paying but won’t leave?”
ANSWER: Unfortunately, this happens every day. The answer is to start the eviction process immediately. Call my office to determine your options, as it may be best to start a nonpayment case or a holdover proceeding depending on the situation.
Every case is different. However, I regularly receive calls from small landlords who say, “my tenant said they would leave, but now it has been two months and they are still there.” In many of these situations, the landlord has already lost several additional months of rent that they are unlikely to recover.
Some landlords feel bad starting a case, but the reality is that the eviction process in NYC Housing Court can take 6 to 16 months. It is not an immediate removal. There is a structured legal process that gives tenants time to find a new home.
In my experience as an eviction attorney in Brooklyn and Manhattan, tenants who intend to leave will often do so once a termination notice expires. Others will remain until the court requires them to vacate. Starting early helps avoid unnecessary delay and additional financial loss.
“How much can I raise the rent legally?”
ANSWER: This question is not as simple as one would hope. There are three main types of tenancies in New York: rent stabilized, free market but subject to Good Cause Eviction, and free market exempt from Good Cause Eviction.
-For rent stabilized units, there are specific yearly increases determined by the Rent Guidelines Board, and a landlord cannot increase above that amount unless there is a qualifying MCI. A landlord must offer a renewal lease 90 to 150 days prior to expiration, with options for a one-year or two-year renewal. Even if the tenant owes significant rent, the renewal must still be offered. If the tenant refuses to sign, a failure to renew holdover proceeding may be required.
-For free market units subject to Good Cause Eviction, landlords must offer renewal leases and cannot terminate without cause. The maximum increase is CPI plus 5 percent, capped at 10 percent. Increasing beyond that amount may create a presumption of an unreasonable increase.
-For free market units exempt from Good Cause Eviction, which is common for small landlords with 10 or fewer units, there is more flexibility in setting rent. However, proper notice is still required. Notice periods are 30 days for tenants under one year, 60 days for one to two years, and 90 days for tenants over two years. These notices must be properly served and include required statutory language.
“What repairs am I legally required to fix and how fast?”
ANSWER: A landlord is required to keep the premises in habitable condition without violations. This includes ensuring that utilities are functioning, and that floors, walls, and ceilings are maintained without significant defects. The unit must also be free from conditions such as rodents or insects.
Common complaints include lack of heat or hot water, electrical issues, and mold caused by leaks. Landlords must address these conditions or risk fines and penalties.
When a tenant reports an issue, it is best practice to inspect the condition, document it with photos, and make repairs if necessary. If the condition does not require repair, documentation is still important.
NYC Housing Court and enforcement agencies are becoming increasingly strict. Serious conditions such as lack of heat, hot water, or electricity should typically be addressed within 24 hours.
“Can tenants withhold rent for repairs?”
ANSWER: If a tenant notifies a landlord about legitimate conditions and has evidence, and the landlord fails to take action, then a tenant may attempt to withhold rent. This issue is often raised as a defense in NYC Housing Court.
“Do I need a lawyer for landlord-tenant court?”
ANSWER: If you own property through an entity, an attorney is required in court. If you own the property in your personal name, an attorney is not legally required. However, NYC Housing Court has become extremely strict regarding compliance with procedural rules, including proper service and notices.
I have seen cases where tenants owed substantial rent, but the case was dismissed due to improper service. It is often more efficient to have the case handled correctly from the beginning by an experienced eviction attorney in Manhattan or landlord attorney in Brooklyn, rather than losing months and having to restart.
“What fees can I charge tenants in NY?”
ANSWER: A landlord may charge fees such as late fees, attorney fees, and other reasonable charges if they are included in the lease.
Late fees cannot exceed $50.00 or 5 percent, whichever is less.
However, in most cases, a landlord cannot recover these fees in NYC Housing Court and can typically only recover rent.
Small landlord tip: Always have tenants place utilities in their own name when possible. I have seen situations where a tenant stops paying rent while utilities are included, and the landlord ends up paying both the lost rent and monthly utility costs.
“How do I write or update a lease that protects me?”
ANSWER: A lease is one of the most important tools a landlord has. A strong, well-drafted lease can provide significant advantages. While it will not eliminate the need to go to court, it can place the landlord in a much stronger position.
You can contact my office for a residential lease that is designed to protect landlords and provide as many advantages as possible. Most importantly, if legal fees are not included in the lease, a landlord may not be entitled to recover them.
Practice tip: Legal fees provisions and holdover clauses providing for 2x or 3x rent if a tenant remains beyond the lease term are generally enforceable when properly drafted.
As a landlord attorney and eviction attorney handling cases throughout Brooklyn and Manhattan, I have conducted more than 10,000 court appearances and over 500 trials and inquests. I have worked with hundreds of small landlords and understand the challenges they face in NYC’s complex legal environment.
As always, feel free to call me directly to discuss your matter and your options at 718-938-9732.
