I will be breaking my lease and am responsible for finding the new tenant.
answered on Apr 13, 2024
Dear Brooklyn Tenant:
Why are you responsible for a replacement when State Law leaves replacing a departed tenant with the remaining co-tenants?
All you would need is a written agreement with the landlord and your co-tenants to remove you from the lease agreement and allow the... View More
So the house that the "tenants" in, is on the same property/lot as the property owners house.
The "tenants" were invited to live there, by the owner in exchange for a service.
The terms of the service were a verbal agreement by both parties.
The... View More
answered on Apr 6, 2024
Dear Batavia Home Owner:
You brought them in, so they had permission. A tenancy cannot diminish into a squatter. If they have been there for more than one year and you claim you rented to them, the preliminary written notice to your tenants is the notification required by New York Real... View More
Tenant has access to the boiler room. The lease states no items whatsoever inside boiler room . There is signage in the boiler room stating the same . I have a hi end machine inside the boiler room that I would like to monitor via camera only ( no voice )
answered on Apr 3, 2024
Dear Manhattan Landlord
How is this possible? No tenant is allowed to inhabit a boiler room and no habitable dwelling may surround a boiler room. Before you add a video camera into this likely illegal housing situation contact an architect who may determine the legality of the apartment.... View More
The individual interested in renting the property operates a trucking and transportation business. They’re suggesting paying three months’ rent upfront because their industry experiences significant fluctuations in earnings throughout the year. I’m curious about the legality of agreeing to... View More
answered on Mar 31, 2024
Dear Newburgh Property Owner:
You would need your own attorney to approve the acceptance of three months' rent paid in advance. New York State law says that you cannot do so even if you are not the party to bring up the idea.
Landlord agrees I’m owed full deposit. I requested a wire transfer since I left USA (can’t physically cash check here, amount too large for online deposit). Landlord’s staff sometimes say their account won’t allow wire transfers, obv false since other times they say they can wire but it... View More
answered on Mar 22, 2024
Dear Manhattan Tenant
The controlling statute does not provide any guidance on the allowance of a deduction of the expenses incurred by delivering the security deposit by international wire transfers and not by check within 14 days. It surely would have been a better solution to have a... View More
Hello, I am in a month to month lease with my landlord. I am moving out on the 18th of the month, and have given a month's notice. Upon moving in, the landlord offered prorated rent, but when I brought this up to see if that would be an option for moving out they said no. They do not want to... View More
answered on Mar 22, 2024
Dear Brooklyn Tenant
New York State housing law has not built in to unwritten month to month leases the implied covenant of rent proration. This means that without a written agreement to prorated rent that there is no entitlement to do so.
Your last month rent is due on the 1st day... View More
I sent a notice saying please reply when the installation can be made but he hasn’t even seen it yet. Do I have to wait until he sees it or can I start withholding rent or take other action so he doesn’t keep ignoring me? He has been avoiding me for almost a month now.
answered on Mar 9, 2024
Ordinarily a dwelling is required to be set up in New York State with operating smoke and carbon monoxide detectors. Withholding rent without your own attorney advice is a risky strategy. But calling local code enforcement and arranging for an inspection should provide the notice of housing code... View More
On Primary Tenant behalf ???
answered on Mar 5, 2024
Dear Manhattan Tenant
While the statute only deals with the tenant right to a 'free' adjournment to secure counsel as a Petitioner you will require the consent of the Roommate and the Roommate's attorney and the Judge as well.
Beware if you securean adjournment this... View More
I live in a home that is supposedly 2 apartments,my son lives on the otherside of me,the landlord has decided to send him and i notices to quit,each for$ 23.000
That would equal 46000 all together, now hes served court papers to evict my son,and not me,yet jes never talked to me or made any... View More
answered on Mar 4, 2024
Dear Elmira Tenant:
Rent is a debt to pay to a landlord only when a rental agreement exists. A rental agreement may run month to month. Still, no landlord will find a judge ready to believe that both tenants in the two-family house simultaneously continued to live in the building without... View More
In to take over granted 6 months. Can a family member get power of attorney to get condo back in Surrogate court for the child so nephews don't get evicted.
answered on Mar 4, 2024
Without a will, all the children living when their mother passed away became the heirs of the real property. Any one of the adult children had the power to become the legal administrator of their mother's estate and transfer the deed from the decedent's estate to each sibling, as well as... View More
We received the notice over 90-days prior to renewal (June 1), that our lease will not be renewing. We have lived in this apartment building (with over 190 units) in Rochester New York for four years now. We have always paid our rent in full and on time, have not violated any lease terms/community... View More
answered on Mar 4, 2024
Dear Rochester Tenant:
In New York State housing law, retaliatory eviction is among the recognized statutory defenses a tenant has available when the landlord terminates the rental agreement, and the tenant contests the end of the tenancy as a defense of the landlord's holdover... View More
I've heard that there's a class action lawsuit against some real estate businesses for artificially increasing their commissions. I bought a house in 2021. It went on the market for $230K and I agreed to pay that since it was a house I really wanted. A few days later, my agent phoned and... View More
answered on Mar 4, 2024
It seems your lawyer did not negotiate very well. One could say that as long as the Seller believed you would pay more than 230,000, they returned to your broker with the nonsense that someone made a better offer. They could have taken the better offer. For all you know, you were bidding against... View More
They have been tenants for over 16 years and has paid their rent. The landlord called in December to tell them they must be out by the end of March. The landlord said they do not have to pay rent during that time for them to save enough money to relocate. However, the following month he sent a new... View More
answered on Feb 25, 2024
New York State housing law does not have any specific protection for disabled residents in relation to eviction.
But tenants with a 16 year long tenancy without a lease must first be served with a written notification that the landlord is not continuing the tenancy at least ninety days... View More
My old landlord did a final walkthrough and collected my keys on 11/30/23 and is now claiming I am still responsible for rent for December and January per an addendum in my lease. If they collected my keys and I no longer have access to the unit, and they listed it as available online shortly... View More
answered on Feb 20, 2024
Dear Pen Yan Tenant:
Likely, the turnover of the keys ended the lease obligations. Did your landlord return the tenant security deposit to you within fourteen days of the turnover of the keys? If not, and if the landlord did not provide you a written itemization of legal deductions in the... View More
There is no option in my one-year lease that allows Winn to raise my rent during the lease term. Is this legal?
answered on Feb 20, 2024
Dear Albany Veteran:
No legal process exists for any landlord to charge a tenant an increase in rent during a lease term. That should be so for you as well.
https://www.hud.gov/program_offices/public_indian_housing/programs/hcv/vash
It is called the Winter Moratorium Eviction Act of 2023. Just want to confirm if that went into effect last December.
answered on Feb 20, 2024
No. The Bill is stuck in an assigned committee. It has not been passed and it is not law.
https://www.nysenate.gov/legislation/bills/2023/S1403/amendment/A#:~:text=2023%2DS1403%20%2D%20Summary,properties%20during%20the%20winter%20months.
if we are still in court proceedings for past non payment? I live in nyc. And it’s also a rent stabilized building.
answered on Feb 20, 2024
You must also be a Rent Stabilized tenant. A NYC landlord to a Rent Stabilized tenant is barred by law from refusing to renew a lease even when the tenant owes rent and even if the landlord has a nonpayment eviction case in Housing Court.
Does NY state allow early termination of a lease in the event of the death of the immediate family member who had signed the lease? My mom did not sign it, though she is listed as an occupant
answered on Feb 20, 2024
Yes. There is a statute. It is five days old today. It became effective February 15, 2024:
* § 236-a. Termination of lease of a deceased tenant. Notwithstanding
any contrary provision contained in any lease hereafter made or renewed
which affects premises demised for... View More
New York State. Upstate. Ulster county. Living in apartment after14 day notice. Petition hearing next week. Main question is, Will partial pay cancel the eviction process? For example, if I owe 7k right now and pay 1k before court, will they have to start over? Hearing is also 3 days before the end... View More
answered on Feb 17, 2024
Dear Ulster County Tenant
Partial payment even in NYC Housing Court ahead of the first Court day does not annul the landlord nonprofit proceeding so it's not likely that will happen in your Court.
Landlord and Tenant practices vary widely across the State even within the... View More
I am a few dozens years tenant, years on SCRIE.
Apparently situation is the revoked Preferential Rent ( after 2019 Act). In my renewal lease now is High Old LLR, though it was HSTPA change in 2020/2021; my bills are reversed to High Rent with Concessions. I researched Neighbours: all of... View More
answered on Feb 17, 2024
Dear Tenant
Something seems wrong with the underlying facts. The J51 should have expired. https://www.nyc.gov/site/hpd/services-and-information/tax-incentives-j-51.page#:~:text=Benefits%20granted%20include%3A,get%20the%2014%2Dyear%20exemption
Consider consulting an attorney.
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