Property managers in New York are professionals who help both property owners and landlords handle many different types of issues at rental properties. Tenants in rental units and business owners who lease a commercial space commonly interact with property managers instead of landlords when they have concerns about their rental properties.
Property managers can help with numerous different tasks, such as collecting rent, giving notice of late fees and overdue rent, and responding to maintenance requests. They can also help schedule move-in and move-out, oversee evictions, and handle basic maintenance of common areas.
It is important to note that, although project managers do not actually own rental properties, it does not mean that they cannot be held liable for not completing their job duties or for violating the law. This allows tenants to be able to sue property managers if there are issues at their unit.
How Does the Property Management Dispute Process Work in New York?
In New York, as in other states, a property manager is required to comply with any applicable property management laws. Even though there may be different issues involved, most property management disputes will follow the same process.
Property managers usually have to adhere to the same laws that the property owner and landlord have to follow. When an issue arises, property managers should start by reviewing the lease agreement with the tenant.
If the lease does not address the problem, the property manager can try to resolve it directly with the tenant. Here, it is important that both tenants and property managers keep records regarding their interactions.
If the issue cannot be resolved and the tenant files a lawsuit against a property manager, both parties should have their own lawyers. It may be possible to resolve the case using alternative dispute resolution (ADR) methods, for example, mediation.
If the issue cannot be resolved using ADR, it is important for the parties to keep any possible evidence and determine what arguments and defenses they can present in court. In most cases, a lawsuit against a property manager will be based on negligence.
If you are a property manager or a tenant in New York who has an issue related to your rental unit, you should have a legal consultation in New York to determine your rights, obligations, and possible legal actions.
Common Property Management Disputes in New York
There are many different types of disputes that arise in New York related to property management, including maintenance issues, eviction issues, housing code violations, and other types of issues.
Maintenance issues
If a property manager or landlord fails to properly maintain the rental premises, maintenance issues can arise. These types of issues can also occur if the proper party does not respond fast enough to requests or do not fix issues at all.
Eviction issues
Evictions are some of the most common property management disputes. Eviction disputes can involve self-help eviction issues, the legality of an eviction, and improper removal of a tenant’s property.
Evictions can be considered illegal if the tenant did not get proper notice. Property managers cannot remove a tenant’s property or change the locks in order to complete a self-help eviction.
Housing code violations
Certain types of issues, such as tenants not having heat in the winter time, can violate local housing codes. Landlords and property managers in New York have to make repairs to rental units that affect tenants’ security, safety, and health.
Other issues
Many other issues can arise between tenants, landlords, and property managers. This can include improper rent practices, going into a tenant’s unit without providing proper notice, and failing to screen other employees properly.
New York lawyers can help tenants, landlords, owners, and property managers with any type of concern or issue they have related to their rental unit.
Can an Owner Sue a Property Management Company in New York?
Owners and landlords of rental properties in New York can sue property management companies in some situations. In many cases, these lawsuits are based on a breach of contract when the property management company does not fulfill the duties they have under their contract with the property owner.
Landlords and property owners may also be able to sue their property management company if they fail to fix a major hazard, such as asbestos, and the tenant experienced health issues. In these situations, the tenant may sue both the property management company and the owner.
If a property owner or a landlord believes their property management company may be involved in fraud, they should file a police report. The case will be reviewed by the local district attorney’s office and a determination will be made if charges can be filed.
Litigating a Property Management Dispute
As noted above, property managers can take steps to resolve an issue before it goes to court. If a lawsuit is filed based on a property management dispute, it will proceed through civil court in the same manner as other civil cases in New York.
The party filing the lawsuit, possibly a tenant, is the plaintiff. The party against whom the lawsuit is filed, likely a property manager or owner, is the defendant. Both parties should hire their own New York lawyers.
The defendant will have a certain time to file an answer to the plaintiff’s complaint. The case will then proceed through discovery, where both parties exchange evidence and documents.
At any time during the case, the parties can decide to settle the issue outside of court. If they cannot, they will proceed to trial and present their arguments.
If a lawsuit can be settled outside of a courtroom, it can save everyone involved money and time. It can also provide the parties with some control over the outcome of their case.
Do I Need a Lawyer for a Property Management Dispute in New York?
New York landlords, owners, property managers, and tenants should have the representation of a New York landlord tenant lawyer any time they are dealing with issues related to their rental property. Local lawyers will know the requirements of your New York jurisdiction and how to resolve your property management issue as efficiently as possible.
Your landlord-tenant lawyer can determine what type of legal claim you can make and will prepare your case for you if you are a tenant who needs to sue your property manager, landlord, or property owner. If you are an owner, landlord, or property manager who has been sued, your lawyer will be able to prepare and present any available defenses in court.
No matter which side of a lawsuit you find yourself on, your New York landlord-tenant attorney will make sure your rights are protected and represent you any time you appear in court. You can quickly and easily take advantage of LegalMatch’s no cost attorney matching services to find a New York landlord-tenant lawyer today.
All you need to do is submit your question or concern related to your rental unit on the LegalMatch website in as little as 15 minutes. In about a day, you will receive responses from lawyer matches in your area of New York who can help. Get started with LegalMatch today to find a lawyer to help ease your stress.
