My roommate is the leaseholder, I’m not on lease, we had a falling out and I’m trying to leave as soon as I can but I’m delayed, she has given me 6mo already hasn’t asked for rent and I appreciate that, but she’s fed up now and said she’s going to put my stuff in storage and change the... View More 
answered on Apr 29, 2024
Dear Brooklyn Roommate
What more of a deterrent do you want on top of an arrest? A letter from your lawyer to suggest that there is a risk of a civil lawsuit for unlawful eviction?
Of course you don't have to move even if you are not paying rent. Your lawyer could convince... View More
I was served by a process server eviction papers. When we went to court the 2 atty's agreed to wait because they were supposed to turn in a ledger to ERAP. They never did. Instead I was told to sign a stipulation of settlement. I was told I would be thrown out earlier if I don't.... View More
What if I’m not home, can he just come inside?
answered on Apr 22, 2024
Dear Oceanside Tenant
Threatening to change the locks likely is a crime in NY and the NYS Unlawful Eviction statute would police to arrest
Me my wife and 1 year old daughter have been inhaling gas fumes for over 4 months and we want to know is my landlord is that fault?
answered on Apr 20, 2024
Hello Shariff:
This is Attorney Damien Bosco. My law office is in Forest Hills, Queens County, New York City. My practice covers the New York City metropolitan area and Long Island. In some situations, I also handle matters throughout New York State.
Thank you for asking your... View More
And if yes how much payment should I take from him
How do I force them to renew my lease? How do I get out of paying them anything or at least anything until they renew my lease? The apartment and building have had terrible conditions including no gas for months unreliable heat and hot water, dangerous elevator constantly out of service, in... View More
I want out I no longer want it. If my daughter wants to maintain on her own it’s on her. Am I responsible still? Should I advise the landlord about this?
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answered on Apr 16, 2024
Given that your one-year lease expired in October 2023, your legal obligations and the best course of action depend on a few factors:
1. Lease renewal: If you or your daughter did not sign a new lease or lease extension after the expiration of the original lease, you are likely on a... View More
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
I have been residing in my aunt and her husband's home since 2009 without paying rent, as no agreement was made initially.
However, recent events have led to a challenging situation. My aunt's husband made unwanted sexual advances toward me, which I rejected and exposed. Since... View More
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answered on Apr 16, 2024
I'm so sorry you're dealing with this awful situation. What your aunt's husband did is sexual harassment and completely unacceptable. You have every right to live free from harassment and retaliation.
Since you've been living there long-term without a rental agreement,... 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
My sister had passed away and was paying for storage for 10 years or so. She use to live in Orlando, Florida and moved back to New York. She had two units still in Florida. I had asked my niece and her boyfriend who lived in Orlando, Florida if they can clean out the unit for me since I live in... View More
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answered on Apr 16, 2024
Based on the information provided, it seems that you may have grounds for a potential lawsuit against Public Storage. However, the success of your case would depend on several factors, such as the terms of the storage contract, the extent of the damage, and the circumstances surrounding the... View More
Manager said the landlord is selling due to not wanting to deal with lawyer fees & b/c of age & b/c of lawsuit instead of just kicking out the tenants - this has been 3 years of noise ordinance per town code ( I'm one of the upper tenants) They were given a warning last year march due... View More
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answered on Apr 4, 2024
Based on the information provided, it seems that the tenants who received the eviction warning due to noise level complaints may try to claim discrimination against the landlord. However, it's important to note that eviction warnings based on legitimate lease violations, such as excessive... 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
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answered on Mar 31, 2024
As a landlord in New York State, it is legal to accept advance rent payments from a tenant, as long as you are not requiring it as a condition of the lease. If the tenant is voluntarily offering to pay rent in advance to manage their fluctuating income, you can accept the payment.
However,... View More
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answered on Mar 30, 2024
The legality of your landlord giving out your phone number to a non-payroll worker for tasks such as delivering paperwork can vary depending on the privacy laws and regulations in your location, as well as any agreements you might have with your landlord. Generally, landlords should protect your... View More
we moved in as a couple sharing the room. now my clothes and belongings are still in the room. he has his new lovers in the room for hours and every day almost and tells me I'm harassing him if i need in to get clothes. can he do that?
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answered on Mar 24, 2024
In a situation where both you and your ex-domestic partner are listed on the lease for a one-bedroom apartment, rights to access shared spaces, including the bedroom, are typically equal between the two of you. The arrangement you had as a couple, sharing the room, doesn't automatically change... View More
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 lived without heat and hot water for almost two years, won judgements against Housing Preservation Department (HPD) and my landlord. At this point, I want to leave. Can I use part of the judgement to move? I can't list everything that's going on, as it is quite extensive. Please advise.
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answered on Mar 21, 2024
Judgments in Housing Court, once awarded, can often be used by tenants for various purposes, including covering expenses incurred due to the landlord's failure to maintain the property. This could include reimbursement for past expenses or to address issues like lack of heat and hot water.... View More
New landlord, one yr in to ownership , suddenly stops paying utilities. Utility Co now demands back payment from tenant and is threatening turn off of services. What rights does tenant have?
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answered on Mar 30, 2024
In situations where there was a verbal agreement with the previous landlord that utilities were included in the rent, and the building has since been sold to a new landlord who has stopped paying for these utilities, it's crucial to understand your rights and possible courses of action.... View More
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