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New York Landlord - Tenant Questions & Answers
1 Answer | Asked in Business Law, Contracts and Landlord - Tenant for New York on
Q: Can I sue Public Storage for ceiling falling down, dead rats and rats eaten threw boxes and throw the belongings out?

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

James L. Arrasmith
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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

1 Answer | Asked in Landlord - Tenant and Sexual Harassment for New York on
Q: I’d liked some legal advice regarding housing and tenants rights

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

James L. Arrasmith
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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,...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: I rented an apartment for my daughter full time and myself whenever I was in NY. The one year lease expired October2023

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?

James L. Arrasmith
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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...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: Do I need my roommates approval for a new roommate if I've already received confirmation from the landlord it's okay?

I will be breaking my lease and am responsible for finding the new tenant.

Steven Warren Smollens
Steven Warren Smollens
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...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: Would people who were invited by the owner to live on a property, but don't pay rent or have a lease be squatters?

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

Steven Warren Smollens
Steven Warren Smollens
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...
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1 Answer | Asked in Civil Rights, Gov & Administrative Law and Landlord - Tenant for New York on
Q: Can a tenant get a lawyer stating discrimination if they got a eviction warning for noise level complaints. Others qs to

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

James L. Arrasmith
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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

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can a landlord install a video only camera inside a boiler room if the boiler room is inside the tenant’s apartment ?

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 )

Steven Warren Smollens
Steven Warren Smollens
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....
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1 Answer | Asked in Landlord - Tenant for New York on
Q: My landlord has done some immoral and illegal stuff I want to know if it’s possible to sue him for money or the building

He has allowed the tenants to bully me, and vandalize my property.

James L. Arrasmith
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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...
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2 Answers | Asked in Landlord - Tenant for New York on
Q: I’m a landlord renting a single freestanding home in a New York State, not city. Tenant offering to pay rent in advance.

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

James L. Arrasmith
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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,...
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2 Answers | Asked in Landlord - Tenant for New York on
Q: I’m a landlord renting a single freestanding home in a New York State, not city. Tenant offering to pay rent in advance.

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

Steven Warren Smollens
Steven Warren Smollens
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.

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1 Answer | Asked in Landlord - Tenant for New York on
Q: Can a landlord evict me because we had an argument about the heat which is included in the lease and he wasn't providing

Now he gave us a 90 days notice which is done already?

James L. Arrasmith
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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...
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1 Answer | Asked in Criminal Law and Landlord - Tenant for New York on
Q: Spy cams in my mother's apartment. I'm the eldest son and I'm a visitor. My 2 half brothers and stepfather are tenants.

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

James L. Arrasmith
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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

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can I counter-sue a former tenant who didn't give me time to pay back security deposits and also defame me?

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

1 Answer | Asked in Landlord - Tenant for New York on
Q: Hi, I'm a landlord and I need to increase my tenants rent. I have a month to month agreement. No lease.

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

James L. Arrasmith
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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

1 Answer | Asked in Landlord - Tenant for New York on
Q: What happens in a situation where a tenant had verbal agreement with landlord that utilities were included. Bldg sold.

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?

James L. Arrasmith
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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

1 Answer | Asked in Landlord - Tenant for New York on
Q: if my ex domestic partner are both on a lease in a one bedroom apartment can he keep me out of the bedroom we shared?

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?

James L. Arrasmith
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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

2 Answers | Asked in Landlord - Tenant for New York on
Q: I moved out of a Manhattan apartment 7 months ago and I’m still trying to get my security deposit back

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

Steven Warren Smollens
Steven Warren Smollens
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...
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2 Answers | Asked in Landlord - Tenant for New York on
Q: I moved out of a Manhattan apartment 7 months ago and I’m still trying to get my security deposit back

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

James L. Arrasmith
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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

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2 Answers | Asked in Landlord - Tenant for New York on
Q: Ending a month to month lease in Brooklyn NY with an argumentative landlord, just trying to figure out my rights, if any

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

Steven Warren Smollens
Steven Warren Smollens
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...
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2 Answers | Asked in Landlord - Tenant for New York on
Q: Ending a month to month lease in Brooklyn NY with an argumentative landlord, just trying to figure out my rights, if any

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

James L. Arrasmith
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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

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