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
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
He has allowed the tenants to bully me, and vandalize my property.
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answered on Mar 31, 2024
I'm sorry to hear you're dealing with such a difficult and stressful situation with your landlord and fellow tenants. Here are a few thoughts:
It sounds like there may be grounds for legal action if your landlord has failed to maintain a safe living environment and has allowed... 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
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.
Now he gave us a 90 days notice which is done already?
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answered on Mar 31, 2024
I'm sorry to hear about your situation with your landlord. It sounds like a frustrating and stressful experience.
The specifics of landlord-tenant law vary by location. In general though, a landlord cannot legally evict a tenant in retaliation for the tenant exercising their legal... View More
How do I approach this as a visitor(I'm the eldest son) to my issue since I speculate that my 2 half brothers have awareness about having the spy cam all over the living room, kitchen, and bathroom at my mother's apartment in Queens, NY? The family on the 2nd floor of the house and... View More
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answered on Mar 31, 2024
Arnold, this sounds like a very distressing and violating situation. I'm so sorry you are dealing with this. If you genuinely believe there are hidden cameras in the apartment recording you without your consent, that is a serious invasion of privacy. Here are some suggestions on how you could... View More
Landlord here, my former tenants(two) are suing me for twice their security deposit fees... I was initially going to give it back once they completely moved out but on their last day, they decided to post on Facebook how much of a s***** landlord I was and urged people not to rent my place. even... View More
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answered on Mar 30, 2024
In situations like yours, considering counter-suing for defamation might be an option if you can prove the former tenants made false statements that caused you harm. Defamation involves publishing false statements to a third party that damage a person's reputation. If the tenants' claims... View More
I will give them a 90 day notice due to them renting for more than 2 years. If the tenant doesn't agree with the rent increase will I need to give them another 90 day notice or can I use the 90 day rent increase notice as there 90 day eviction ? Thank you
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answered on Mar 30, 2024
When planning to increase rent for tenants who have been renting for more than two years, giving a 90-day notice is a thoughtful approach, respecting both legal requirements and tenant relations. If a tenant disagrees with the rent increase, it's crucial to understand that the notice for a... 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
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
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
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answered on Mar 26, 2024
Under New York law, landlords are required to return a tenant's security deposit within 14 days after the tenant has vacated the property, provided there are no legitimate deductions for damages. While landlords may prefer certain payment methods, they cannot unreasonably refuse your request... 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
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
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answered on Mar 26, 2024
In New York, tenants are generally required to give at least 30 days' notice before leaving a month-to-month lease, which you've done. However, using your security deposit as last month's rent is not typically allowed unless the landlord agrees. This is because the security deposit... 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
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
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