Why Every Brooklyn Landlord Needs a Lease – Protect Yourself from Eviction Pitfalls

A Lease is Your Best Protection as a Landlord

If you are a landlord in Brooklyn, Bensonhurst, Gravesend, or anywhere in New York, one rule should be non-negotiable: always have a written lease with your tenant. As someone with extensive experience in landlord-tenant court, I’ve seen firsthand how failing to have a lease can turn what should be a straightforward eviction into a drawn-out legal battle—one that often favors the tenant over the property owner.

The days of handshake agreements are over. It’s the 21st Century - the least you can do is break out a pen and paper and create the terms of a lease.

📌 Key Reasons to Always Have a Lease:
✔ Establishes clear rental terms and responsibilities.
✔ Defines the length of the tenancy and notice requirements.
✔ Strengthens your legal position in case of eviction.
✔ Helps avoid costly disputes and delays in housing court.

A Lease Helps You Evict Problem Tenants Faster

Many landlords think they can rely on a handshake agreement or verbal understanding with their tenant. However, when it comes to eviction proceedings, the lack of a formal lease can put you at a serious disadvantage. New York City’s tenant-friendly laws heavily favor tenants, and without a written lease, you are making their case for them.

1️⃣ A Lease Starts a Legal Timeline That Benefits You

An eviction case is all about timing and documentation.
✔ A written lease defines the lease term, meaning if a tenant overstays or stops paying, the eviction process can begin immediately after their lease expires.

✔ Without a lease, the tenant defaults to month-to-month status, which could extend their stay by several additional months if they fight the eviction in court.

✔ Leases eliminate ambiguities – it’s clear when rent is due, how much is owed, and what happens when rent is unpaid.

📌 Example: A Bensonhurst landlord with a lease had a non-paying tenant. Because the lease clearly stated rent was due on the first of the month with a 5-day grace period, the eviction case proceeded without delay. If there was no lease, the tenant could argue no such agreement was made, and stall the process.

🔹 External Link Suggestion: NYC Housing Court – Eviction Process

A Lease Establishes Important Grounds for Eviction

New York’s eviction laws differentiate between Holdover Evictions and Non-Payment Evictions. Having a lease in place strengthens your case in both situations:

2️⃣ A Lease Helps You Win a Non-Payment Eviction

✔ The lease defines exactly how much rent is due and when it must be paid.
✔ Without a lease, a tenant can claim a different rent amount or unspoken rental terms, which can delay the case for months.
✔ Judges are more likely to grant a judgment when rent obligations are spelled out in a written document.

📌 Example: A Gravesend landlord was able to evict a tenant for non-payment because their lease clearly outlined rent obligations. The judge upheld the eviction without allowing the tenant to challenge the rent amount.

3️⃣ A Lease Gives You an Edge in a Holdover Eviction

Holdover evictions can be especially difficult for landlords in New York City, particularly when a tenant refuses to leave after their rental agreement ends.

✔ With a lease, you have a clear expiration date – once it’s up, you can serve proper notice and move forward with an eviction.
✔ Without a lease, the tenant may argue they have an open-ended arrangement, giving them additional legal defenses to delay the process.
✔ Leases allow you to set rules on subletting, occupancy limits, and pet restrictions, making it easier to evict tenants for lease violations.

📌 Example: A Dyker Heights landlord had a tenant whose lease ended, but the tenant refused to vacate. Because the lease specified a fixed end date, the landlord was able to file for eviction without needing additional proof of termination.

Other Legal Benefits of Having a Lease

✔ Security Deposits – A lease clarifies the amount and terms under which deductions can be made.
✔ Rent Increases – With a lease, you can legally raise rent when the lease is up for renewal.
✔ Protection Against Tenant Fraud – Verbal agreements make it easier for tenants to fabricate rental terms that delay evictions.

📌 Example: A Bay Ridge landlord who rented without a lease was unable to prove the tenant owed utilities. The tenant claimed it was included in rent, causing a lengthy legal battle.

Conclusion – Never Rent Without a Lease!

Landlord-tenant cases in New York City are not landlord-friendly. Not having a lease makes it even harder for landlords to protect their rights and remove problem tenants efficiently. The eviction process is already lengthy—don’t give tenants additional leverage to fight back.

📌 Take Action Today:
✔ If you’re currently renting without a lease, draft one now for any new tenants.
✔ We offer flat fees for drafting leases - protect yourself.
✔ If you need to enforce a lease or evict a tenant, contact our office today.
✔ We offer flat fees for landlord-tenant cases so you know your costs upfront.

📞 Need a legally binding lease or eviction guidance? Contact our Brooklyn landlord attorney today!

Call: 347-692-0222 | email: 7622LAW@gmail.com