answered on Mar 30, 2023
Unless there is evidence of performance evidence of ratification change in circumstances due to the unsigned contract it is pretty hard to prove that a written paper that is not ratified with a signature is a contract, especially when there is no evidence of consideration.
An oral lease is... Read more »
My parents purchased a multi family property with my aunt years ago as tenants in common. My parents created a life estate with me for their portion of ownership and my aunt created a separate life estate with her children for her portion of the home. My parents passed away so I acquired their... Read more »
answered on Mar 29, 2023
How does your Aunt prevent you from leasing your share of the house? Does she prefer that the investment potential of the joint ownership suffer and then also will not pay her share of property tax?
I gather your Aunt does not want to pay her share of the property taxes and your cousins... Read more »
This concerns a 62, a home attendant who worked 10+ years with a special needs individual whose tenant of record mother, LONG WITH HER, resided in a 1930, four family dwelling place in Ridgewood, N. The home attendant lived with this mother daughter team in a non traditional family relationship. In... Read more »
answered on Mar 24, 2023
I gather you are a friend. You posted a similar question. I suppose you believe the home attendant living with a family for all those years, in a so-called non-traditional family relationship, and with no other place of her own to call home, and now aged 62, is entitled to a permanent property... Read more »
I purchase a house fresh out of college. It is deeded to me; my boyfriend co signed on the loan. We broke up and I asked him to move out. For 2 + year, he contributed $200.00 to monthly expenses, while I paid the taxes, furniture etc. He now wants 50,000 from me. AM I wrong given the house is... Read more »
answered on Mar 23, 2023
Dear Home Owner:
Based on your statement your ex has no legal claim to joint ownership of your house. New York State relies upon a recorded deed as evidence of an interest in the title to ownership of real property.
It is fortunate for you that the ex voluntarily moved out.... Read more »
Ex and I signed lease for an apartment in June 2020. After one year it became a month-to-month lease. I have not actually lived there for well over a year. Just found out that for an entire year prior to that she was taking most of the money I gave her towards my half of rent and not paying the... Read more »
answered on Mar 19, 2023
Dear Manhattan Tenant:
How does a month-to-month tenancy continue with you as a tenant after you moved out and ceased paying rent to the landlord?
In NYC a tenant ends a month-to-month tenancy by moving out and by not paying rent after moving out.
In NYC landlords cannot... Read more »
My mom recently sold a duplex that I lived in with my family. The apartment we lived in was in significant disrepair so we invested over $6000 in renovations (permission was received). We also paid almost $6000 toward a new roof as well. Though we paid for rent till the end of the month. She... Read more »
answered on Mar 13, 2023
Generally, tenants investing money into improving a rental unit have no expectation the landlord will kick back that money when they move out.
Locking you out of your home without a court order is a crime. If you called the police when this happened mother could face arrest.
You... Read more »
You and your siblings must appear for the signing of the sales deed, either in person or by virtue of a power of attorney, to subscribe the sale. For each of you who resides outside Puerto Rico, our Tax Code requires that a 15% retention be made at the point of origin (which would be upon the... Read more »
answered on Mar 13, 2023
That is a requirement of the tax law in that location. https://www.discoverpuertorico.com/industry/download/588201-discover-puerto-rico-form-480-2017.pdf
I put automatic payment, and I did not get it off in the last month. I have demanded the landlord to refund me back the extra rental fee for over 6 months, and I still have not received any payment. I looked it up and only deposit case is mentioned.
answered on Mar 13, 2023
If the apartment is Rent Stabilized file a complaint for a Rent Overcharge. If you prevail you may secure triple damages for that extra month paid and not refunded, promptly.
If your tenancy was not Rent Stabilized, you may inquire about filing a criminal complaint with your local NYPD... Read more »
I have contacted the police on several occasions, I have reached out to the landlord which he ignored my messages. These people are coming out to their backyard at 12am and dont stop until the next morning. Theyre very loud, playing music on a speaker, singing, talking loudly, being aggressive and... Read more »
answered on Mar 13, 2023
Dear Tenant:
Guess what? You become the low-hanging fruit and easier for the landlord to pick when you choose to not pay rent than it is going against the obnoxious tenant for nuisance or for other objectionable behavior that would be considered a breach of the lease.
Simply... Read more »
A 64 years old woman worked as a resident caretaker for a special needs individual since 2012. The tenant parent of the disabled individual died in 2017, the resident caretaker continued caring for the special needs person until 2019 when she was transferred to a facility for care. The caretaker... Read more »
answered on Mar 9, 2023
Dear Friend of a former Home Health Care Provider:
"Succession Rights" is an umbrella expression that covers all the potential relationships of a Rent Stabilized tenant with other persons sharing the apartment with the Tenant as a Primary Residence and who may be the Tenant's... Read more »
Empty lot next door recently bought. A few days ago they were digging in the ground against my house. Left deep holes, and the side of my basement wall is exposed. My siding is chipped and broken in one of the spots now. Are these holes legal? They are uncovered, and I'm worried about rain... Read more »
answered on Mar 5, 2023
Dear Brooklyn Home Owner:
Your neighbor is not allowed to legally commence a construction project without prior permission from the NYC Department of Buildings and without a Permit to do so. Moreover, a neighbor is never entitled to harm the adjoining property. Hire an attorney because a... Read more »
I have paid my rent on time and have had zero issues financially, however, there have been health hazards that needed to be addressed and were worked through with the property manager, but now I am being terminated of a renewal. Do I have the right to ask to stay under the retaliation clause,... Read more »
answered on Mar 5, 2023
Dear Manhattan Tenant:
Were you properly served with a written notification required by the Statute (NYS Real Property Law Section 226-C [https://www.nysenate.gov/legislation/laws/RPP/226-C]) because that is the ONLY method allowed by State Law for a Landlord to inform a Tenant that there... Read more »
I was informed that she isn’t able to recertify her housing government assistance apartment while have an outstanding balance. Is that accurate? Also I have asked countless times to see where my payments have been sent and I have not gotten any response from her. I’ve asked her for the... Read more »
answered on Mar 5, 2023
Dear Manhattan Tenant:
You may have been taken for a ride. The Tenant is not allowed to sublet subsidized housing where the tenant is required to certify. There is no barrier to certification even with a rent-due balance.
Landlord put in new heating system. I was paying for the fuel oil. Wants me to pay for the initial fill of propane, but is selling the property and has given me a notice to vacate. I am concerned that I will not be reimbursed for the unused propane.
answered on Mar 1, 2023
Dear Canadaigua Tenant:
In New York State there is no such document in Tenant and Landlord law known as a notice to vacate. Is that the name used by the landlord? If so, it is likely no more than a trick since no lawyer would use those words on a tenancy termination or notice of intention... Read more »
I got the apartment(lease) by my self and lived there for a year by myself, I put down deposit, I paid a guarantor fee every month, decorated and bought all the furniture, I am doing all the daily maintenance of the Airbnb account and finding cleaner, photograper etc. My boyfriend moved in a year... Read more »
answered on Feb 28, 2023
Dear Brooklyn Tenant
Hello. If your apartment is in a building with at least two more apartments, you must be very careful.
First, your lease may prohibit Airbnb. Most leases in NYC will not allow for use of the apartment for short-term rental. Most leases prohibit profiteering... Read more »
I did not move into the apartment at any time. I did not sign a lease nor did I receive keys. I requested a deposit because my step father passed away he was my mothers caregiver and I now have to be responsible for her and my uncle who is autistic and both need round the clock care. I sent a... Read more »
answered on Feb 24, 2023
Dear Islip Tenant
You did not create a tenant security deposit without signing a lease. The security deposit statute is not involved.
Your right to sue for recovery of the money turned over as a hold deposit depend on the writen disclosure made and signed by you and the written... Read more »
I have rented(subleted) the apartment in Mitchell-Lama building. My landlord is shareholder of this cooperative. And he also is a primary tenant of cooperative. I have only oral agreement about rent and must pay 2000$ per month. My landlord as a primary tenant pays to cooperative about 1000$. The... Read more »
answered on Feb 23, 2023
No one can prevent you from suing your landlord for overcharging rent. How you plead your causes of action is more important than knowing you like anyone else is not stopped by a gatekeeper from filing a lawsuit.
Unless the shareholder had permission to sublease, he already forfeited his... Read more »
My family is trying to evict my brother from my grandmas house he does not pay rent and kinda just showed up here and claims he lives here but pays for nothing and wont leave. We have no money for a lawyer and need a eviction but cant seem to find the correct information to do so.
answered on Feb 22, 2023
Dear Livingston Manor Family
If 'grandmother' owns the house, she is the only person authorized to use a common form for eviction in the local landlord court.
Depending on how your brother got into the house your grandmother will have to choose from two different types... Read more »
Do I astart counting the day I was served? Feb 17 ?
answered on Feb 21, 2023
Dear New York Tenant:
The general rule for counting days in New York civil practice is count forward for the number of days and exclude the day one received the notice. Like this:
From Friday, February 17, 2023
Added 14 days
Result: Friday, March 3, 2023
But... Read more »
answered on Feb 15, 2023
Dear Brooklyn Tenant:
That is a negative [https://legistar.council.nyc.gov/LegislationDetail.aspx?ID=4950986&GUID=584F2A6A-6793-480E-A315-F0C8BDA98092&Options=ID%7CText%7C&Search=].
It is illegal to do so in an unhosted setting. But even where allowed by the controlling... Read more »
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