LANDLORD-TENANT LAW
Focused Representation for Landlords and Property Owners
A rental-property dispute is more than a missed payment or an unanswered notice. It can affect your income, the condition of your property, and your plans to manage, sell, or regain possession of the premises. The Law Office of Christopher A. Johnson PLLC represents landlords and property owners in residential and commercial matters throughout Western New York. We assist with lease preparation, compliance, eviction proceedings, disputed occupancy, and the recovery of unpaid obligations. Whether you own a single rental property or manage a portfolio, our approach centers on protecting your interests through careful preparation, practical advice, and a clear understanding of the legal steps required.
Start With the Right Legal Framework
Before serving a notice or commencing a proceeding, we evaluate how the occupancy began, who has authority to act, and the legal basis for the proposed action. Our review includes ownership records, lease terms, payment history, prior notices, and any agreements concerning the use or eventual transfer of the property. We also examine whether the property is subject to additional requirements because of its location, regulatory status, or participation in a housing program. A tenant, a guest whose permission to remain has ended, and someone who entered without permission do not necessarily fall under the same legal rules. Identifying the relationship at the outset helps determine the appropriate notices and procedure for recovering possession.
Nonpayment Proceedings
When rent goes unpaid, the first step is to establish an accurate balance and determine whether the matter is ready to proceed. We review rent ledgers, payments, credits, lease provisions, and the documentation supporting the arrears. We prepare the required notices, coordinate service, and commence proceedings when appropriate. Our preparation also includes evaluating potential defenses so that the landlord’s position is supported before the matter reaches court. Residential proceedings require particular care in distinguishing rent from other charges. Calling a fee “additional rent” in a lease does not necessarily make it recoverable in an eviction proceeding. We identify which amounts may properly be pursued and whether other obligations require a separate collection approach.
Lease Violations, Notices to Cure, and Termination
A tenant’s failure to comply with a material lease obligation may require action even when rent is current. We assist landlords with disputes involving improper subletting, unauthorized alterations, prohibited uses, unreasonable refusal of lawful access, and other alleged violations. Our review begins with the enforceability of the provision, the evidence of noncompliance, and the remedies available under the lease and applicable law. Where required, we prepare a notice to cure that identifies the violation and provides an opportunity to correct it. If the violation remains unresolved and termination is legally available, the next steps may include a termination notice followed by a holdover proceeding. The sequence, timing, and content of the notices must be evaluated for the particular tenancy rather than assumed from a standard form. We also distinguish correctable lease violations from allegations involving nuisance, substantial property damage, or illegal use, because the grounds for removal and applicable requirements may differ. Our objective is to select a legally supportable approach and develop the evidence needed to pursue it.
Nonrenewal and Other Holdover Proceedings
A holdover proceeding seeks possession on a ground other than ordinary nonpayment of rent. It may follow the lawful expiration or termination of a tenancy, including termination based on a lease violation. We help landlords evaluate whether a tenancy may be ended, determine the required notices, and prepare the case for possession. The expiration of a written lease does not automatically eliminate an occupant’s rights or permit immediate removal; notice requirements and other applicable protections must still be considered. Our advice also addresses the owner’s practical objectives, including the proposed timing of a vacancy, the possibility of a negotiated surrender, and the relationship between the possession proceeding and plans for the property.
Squatters and Unauthorized Entry
When someone enters and occupies property without permission, the owner needs an accurate assessment of the situation and a lawful means of recovering possession. We review the circumstances of entry, ownership records, communications, and any documents the occupant offers as a basis for remaining. We also help preserve relevant evidence and assess whether a claimed lease or other asserted right requires further investigation. New York law distinguishes squatters from tenants, but that distinction does not eliminate the need to identify and follow the applicable removal procedure. We assist owners with the appropriate notices and proceedings rather than relying on the label “squatter” as a substitute for legal analysis.
Licensees, Guests, and Other Occupants
Some possession disputes begin with permission rather than a rental agreement. A guest, former household member, or other occupant may refuse to leave after the arrangement ends. We help owners determine whether the person is a licensee, a tenant, or someone with another legally recognized interest. Where appropriate, our work includes revocation of permission, notices to quit, and proceedings to recover possession. The absence of rent payments or a written lease does not, by itself, establish the correct procedure. These matters receive particular attention when informal occupancy arrangements overlap with a purchase agreement, an estate, or another asserted interest in the property.
Ownership Claims, Related Litigation, and Eviction Stays
An occupant may respond to an eviction proceeding by claiming an ownership interest, an inheritance right, or an agreement to purchase or receive the property. We examine the underlying documents and evidence, assess the significance of the claim, and determine how the owner’s position should be presented. Our work includes evaluating whether the possession proceeding remains the appropriate vehicle or whether a separate action concerning title or other property rights is needed. Legal and equitable defenses may arise within an eviction proceeding, while broader ownership disputes may require additional litigation. We also represent landlords responding to requests to stay proceedings, delay enforcement, or vacate a warrant. An assertion of ownership does not automatically stop an eviction. The legal basis for the request, the supporting evidence, and any existing court orders must be evaluated promptly. Where warranted, we oppose unsupported requests and seek appropriate relief from existing stays.
Residential and Commercial Lease Drafting
A well-prepared lease should establish clear responsibilities and provide a workable framework for addressing problems. We prepare and review residential leases covering rent, occupancy, utilities, maintenance, access, security deposits, and other important terms. For commercial properties, our review may also address permitted uses, improvements, repair obligations, assignment rights, renewal options, personal guaranties, and shared operating expenses. Default provisions deserve particular attention. We help owners understand the required notices, opportunities to cure, termination provisions, and available remedies so that the agreement can be used effectively when a dispute arises. Our focus is on documents suited to the property and the owner’s objectives—not simply filling in a standard form.
Repairs, Property Conditions, and Security Deposits
Property-condition disputes require a clear record of what occurred, what was reported, and how the landlord responded. We assist owners with reviewing repair requests, access arrangements, inspection reports, photographs, contractor records, and communications. We also evaluate habitability-related defenses and counterclaims, helping landlords distinguish issues that require corrective action from allegations that should be contested with supporting evidence. Security-deposit matters receive similar attention. We advise on inspections, permissible deductions, documentation, and applicable accounting and return requirements. The objective is to substantiate legitimate claims while avoiding deductions or procedures that create unnecessary exposure.
Landlord Counseling and Compliance
Legal guidance is valuable before a disagreement becomes an eviction case. We advise landlords on rent increases, renewals, lease enforcement, notices, payment records, security-deposit practices, and communications concerning property conditions. We also help owners assess how state requirements, local rules, and applicable housing-program obligations affect the proposed action. This includes evaluating Good Cause Eviction coverage, exemptions, and required disclosures. Outside New York City, local adoption is an important part of the coverage analysis, and an exemption from substantive protections does not necessarily eliminate disclosure obligations. When a tenancy issue affects a pending sale, ownership transfer, or estate matter, we coordinate the legal approach with those broader objectives.
Negotiated Resolutions and Settlement Agreements
A negotiated resolution should give the landlord a clear understanding of what must happen next. We assist with agreements addressing arrears, payment schedules, move-out dates, possession, property condition, and the consequences of noncompliance. We also consider whether court approval, a possession judgment, or a warrant should be addressed as part of the proposed resolution. Our advice weighs the proposed terms against the available evidence, the expense of continued proceedings, and the owner’s priorities. Settlement is an option to evaluate—not an assumption that the landlord must accept delayed payment or continued occupancy.
Warrants and Recovery of Possession
Obtaining a possession judgment and carrying out an eviction are distinct stages. We assist landlords with warrant-related applications and coordination with the sheriff, marshal, or other authorized enforcement officer. We also respond to applications that may affect execution and explain the implications of court-ordered stays, required notices, and other enforcement conditions. A warrant must be carried out in accordance with the governing procedures and court orders. Throughout this stage, we keep the owner informed about what remains necessary, what information or action is needed, and any developments affecting the anticipated recovery of possession.
Unpaid Balances and Post-Tenancy Collections
Regaining the property does not necessarily resolve the financial loss. We evaluate claims for unpaid rent, legally recoverable property damage, and other enforceable obligations remaining after occupancy ends. Our review considers the lease, payment history, security-deposit accounting, condition of the premises, and the evidence supporting the amount claimed. Where appropriate, we pursue a separate collection action or assist with enforcement of an existing money judgment. Recovering possession and recovering money require distinct legal and practical assessments, including consideration of the debtor’s ability to pay.
FREQUENTLY ASKED QUESTIONS
Can I pursue an eviction for a lease violation if the rent is paid?
Potentially. Current rent payments do not resolve an independent violation of an enforceable lease obligation or another legally sufficient ground for removal. The available remedy depends on the facts, the lease, and applicable law, including any required opportunity to correct the problem.
Does an expired lease allow me to require an immediate move-out?
Not necessarily. The required notices, the nature of the tenancy, and any applicable renewal protections must be considered. Before communicating a termination date or making plans that depend on a vacancy, we can assess the lawful options and the steps required.
Is someone without a written lease automatically a squatter?
No. A person may have an oral tenancy, permission to occupy, or another claimed basis for possession. The circumstances of entry and the parties’ subsequent dealings must be examined before choosing a removal procedure.
Can I change the locks or remove belongings if the occupant refuses to leave?
Obtain legal advice before attempting to recover possession without court process. New York prohibits specified self-help measures against protected residential occupants, including certain lockouts, removal of possessions, and interruptions of essential services. An incorrect assumption about the occupant’s status can expose the owner to additional legal claims and penalties.
What happens if the tenant raises defenses or seeks to stop the eviction?
We review the claims, the supporting documents, and any order affecting the proceeding. The response may require additional evidence, written opposition, a hearing, or coordination with related litigation. Our role is to protect the landlord’s position while addressing issues that could affect possession or enforcement.
Can I still pursue unpaid rent after the tenant leaves?
Potentially. A claim for money may remain even when possession is no longer disputed. We evaluate the balance, the available proof, any prior settlement or judgment, and whether a separate collection action is appropriate.
Discuss your property or tenancy matter.
Bring the lease or occupancy agreement, a current rent ledger, prior notices, relevant communications, and any court papers to the initial discussion. Photographs, repair records, deeds, purchase agreements, and estate documents may also be important when the right to occupy is disputed. Whether you need to address unpaid rent, enforce a lease, remove an unauthorized occupant, or prepare your property for its next use, our office can help identify the legal issues and develop a practical course of action.