Even if you didn't read your lease carefully (or at all) before signing it or moving into a rental property, do yourself a favor and read it now. The simplest way to avoid having a problem with your landlord is to be familiar with the landlord's expectations of you. The lease will be controlling, and -- with a few statutory exceptions -- it will dictate your rights and obligations.
Like any relationship, the landlord-tenant relationship is strengthened by clear, respectful communication. Think twice before you send a nasty e-mail or leave a spiteful voicemail if you're unhappy about something your landlord has or has not done: Do this not because you necessarily need to be BFF with your landlord but, rather, because it is counterproductive. The method and manner of complaining is often as persuasive as the message itself. Notifying a landlord of a problem in a businesslike manner is considerably more effective than taking an arrogant or dictatorial tone. Be persistent but patient in seeking action from your landlord, as the landlord frequently might have -- brace yourself -- items of higher priority than your concern.
What are the frequent sources of frustration between landlords and tenants? Sex, drugs, and rock-n-roll. Just kidding -- sort of. Aside from non-payment of rent or failure to make repairs, landlord-tenant disputes frequently have little to do with direct interactions between landlord and tenant. Rather, inter-tenant relationships, illegal activities and noise are three major sources of landlord-tenant problems.
A landlord is not required to get involved in tenant-tenant disagreements. For instance, generally the landlord doesn't care if you and your roommates are more than friends. Likewise, the landlord isn't going to care if you and your roommate break up. Joint and several leases mean the landlord can treat you and your roommates individually or collectively. If the dumper forces the dumpee to move out, this in no way releases either party from their contractual obligations to the landlord. If a court issues a protective order from abuse (a.k.a. a restraining order), the landlord-tenant relationship is compromised -- or at least complicated -- by the dysfunctional tenant-tenant relationship. An attorney can help you weigh your options if a tenant-tenant disagreement is about to interfere with the landlord-tenant relationship.
Illegal activity, like drug use, frequently leads to landlord-tenant problems. Often leases include provisions expressly prohibiting illegal drug use or requiring tenants to obey all applicable laws. Even if a lease is silent on the issue, statutes provide landlords with a number of remedies. For example, if a tenant is convicted for the illegal selling, manufacturing or distribution of illegal drugs on the leased premises, the tenant has breached the lease. If law enforcement finds and seizes drugs from the property, the landlord can evict the tenants. Know your roommates -- joint and several leases mean that your landlord might seek to evict you even if only your roommate was involved with the drugs. An attorney could suggest viable defenses if you find yourself in such a situation.
Why do landlords frequently prohibit you from playing your music loudly? It's not because landlords don't enjoy listening to Wilcox Hotel or the like. Rather, landlords are concerned about liability for allowing a public nuisance or violating other tenants' rights to quiet enjoyment. Landlords have obligations not only to you but also to tenants of other units, to neighbors, and to the borough at large. Lease agreements often contain provisions requiring tenants to comply with all local ordinances -- including noise ordinances -- and may impose fines or deem violations to be breaches of the lease. So while having a party at your pad every Friday night might be a good time, be prepared to pay for it. If you're having a party, think about inviting your neighbors or at least informing them ahead of time as a way to minimize the chance someone will complain to the police or your landlord about your rock-n-roll.
