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Resolving Property Disputes And Lease Agreements

When you are in the business of acquiring and managing rental properties, you hope that every tenant will properly care for your property and pay the rent and fees as agreed. However, even the best landlords will have occasional property disputes with their tenants. If you are dealing with a property dispute based on a lease agreement for one of your properties, consider contacting an experienced business litigation attorney with Schwab & Gasparini to learn more about your legal options. Call the Syracuse office at (315) 422-1333, the Albany office at (518) 591-4664, or the White Plains or Hudson Valley office at (914) 304-4353.

Types of Lease Agreements in New York

A lease agreement is a legally binding contract between a landlord and a tenant. This document will contain all the terms and conditions applicable to the rental of a particular property or portion of a property. In New York, apartment leases may be oral or written, unless the apartment is rent stabilized. Oral leases are only enforceable for up to one year. Although oral leases may be legally recognized, written agreements are more effective at helping the parties to avoid disputes as well as helping to resolve them. Rent stabilized housing requires written leases to be executed and copies provided to the tenant within a certain number of days.

Elements of a Lease Agreement

A written lease agreement should include all the details relevant to the rental of a particular property for a particular amount of time. The lease becomes legally binding when it is signed by both parties. According to the New York State Attorney General, lease agreements should minimally include the following elements:

• The address and description, if necessary, of the premises 
• The names and addresses of the parties to the agreement 
• The rent amount and dates due 
• The rental duration 
• Conditions of occupancy
• The rights and obligations of the landlord and the tenant 

The lease may include a clause stating that any changes to the lease are to be approved and initialed by both parties. Also included may be clauses describing the steps to take should there be a dispute between the parties over one or more terms of the lease. A skilled business litigation attorney with Schwab & Gasparini may be able to review your lease agreement to ensure that it has all the necessary elements to help protect your rental business from property disputes. 

What Are Property Disputes?

Property disputes involve disagreements over the ownership of properties, locations of property boundaries, or failures to abide by the terms of contracts. Property disputes over lease agreements can arise when one or both parties breach one or more terms of the lease. This can include when a landlord interferes with his or her tenant’s use and enjoyment of the property or when a tenant fails to pay rent or causes damage to the property. 

How To Resolve Property Disputes With Lease Agreements

When a property dispute unavoidably arises due to the actions or inactions of either the landlord or the tenant, both parties will benefit from resolving the matter as quickly and fairly as possible. The first step is to review the lease. First, be sure to understand the terms of the lease as they relate to the point of disagreement. If, after reviewing, there is still a dispute, the terms of the lease may include specific instructions for how to resolve disputes between the parties. 

Alternative Dispute Resolution (ADR)

In some cases, based on the terms of the lease, one or more alternative dispute resolutions (ADR) might be required before or in place of litigation. The first of the three ADR strategies is negotiation. When negotiating, the parties to the lease discuss the problem and attempt to reach a compromise. If the parties are able to find a mutually agreeable solution, then no further steps need to be taken, other than those to which the parties have agreed. 

If negotiations fail, either mediation or arbitration may be the next available step to help the parties resolve their dispute outside of court. Mediation involves the parties sitting down together with a neutral third party who helps the parties reach an agreement to settle the matter. If the parties cannot reach an agreement through mediation, their next step is litigation. Alternatively, arbitration, according to the New York City Bar, is a private, informal hearing held outside of court with an arbitrator. This method is generally final, as the arbitrator decides the case after each party has presented his or her evidence.  

Litigation

If the alternative dispute resolutions that the parties attempt do not resolve the matter, litigation is often the next step. Property disputes involving lease agreements can sometimes be resolved in small claims court. Although there may be cost savings with this route to resolving a dispute, these cases are limited to financial claims under a certain amount, which is up to $10,000 in New York City. 

If there has been a more significant breach of contract by either party, the injured party may file a suit in civil court to recover his or her losses. The parties will present their evidence like with arbitration, but a judge will generally decide the case. In some cases, the parties may request a trial by jury. Litigation for lease agreements involving business entities as tenants and landlords can be especially complex. These landlord-tenant property disputes are heard by the Housing Court, a division of the Civil Court of the City of New York or by the local county court if outside New York City.

Contact a New York Business Litigation Attorney Today

Resolving property disputes stemming from misunderstandings or breaches of lease agreements can range from relatively simple through negotiation to highly complex through litigation. If you have questions regarding your lease agreements or if you are dealing with a property dispute, consider contacting the knowledgeable business litigation team with Schwab & Gasparini to learn more about your rights and obligations. Call (315) 422-1333 to reach the Syracuse office, (518) 591-4664 to reach the Albany office, or (914) 304-4353 to reach the White Plains or Hudson Valley offices.

Mon Jul 7 2025, 12:00am