Hi I’m reaching out for advice because I don’t know what to do. I’m currently living in a brownstone with my daughter in NYC where I was born, raised, and lived the majority of my life. It is my grandmothers brownstone who also grew up here. My grandmother, who I love with all my heart,... Read more »
answered on May 30, 2023
If your aunts inherited the property, they would generally have the right to sell the property. However, the sale of the property does not result in your immediate eviction. Instead, as a tenant or an occupant in possession of the property for more than 30 days, the owners of the property would... Read more »
Tenant has a lease for and occupy the 2nd floor of a 2-family house and lived there for 12 years. The allegation of illegal basement arose after tenant was given notice to vacate premise
answered on May 15, 2023
When an owner uses a building that has a Certificate of Occupancy for two (2) families for three (3) separate dwelling units, a defacto multiple dwelling is created. The law requires that any building in NYC used for three or more dwelling units must have a current Multiple Dwelling Registration... Read more »
The damage is caused by my neighbor tying his trees to my fence. I have asked him not to do so and have cut the lines whenever I see them. This has gone on for months. There is damage to my fence (it now leans in his properties direction) and I am wondering if I can hold him responsible to pay for... Read more »
answered on Mar 21, 2023
If you own the fence and it is on your property, you can seek to hold your neighbor responsible for any damage caused by his/her unauthorized use of your fence. If the damage is less than $10,000 you may sue in Small Claims Court for money damages. However, if you also want an injunction... 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 10, 2023
Noisy neighbors are frequent problems for tenants and landlords. Depending upon whether the tenants causing the problem are rent regulated or free market can significantly impact the likelihood of the landlord's ability to address the situation. Withholding rent will likely get your... Read more »
A will in NY state gives the homestead to one heir and the contents to another. During the probate process, who is legally responsible for paying bills associated with the property?
answered on Jan 28, 2023
The expenses of the estate are paid from Estate assets. The expenses associated with the property before it is transferred to the beneficiary are generally the Estate's responsiblity and not those of an individual beneficiary. The language of the Will may provide more guidance.
I tryed to resolve this issue within the 30dats he was the one who prolonged this not me my husband and in made numerious attempts he ignored us
answered on Jan 26, 2023
If you pay the money but don't feel it was just, you may commence a case in Small Claims Court to recover the money you believe was collected wrongly. However, if you owe money for rent arrears, the landlord may counterclaim against you.
answered on Jan 20, 2023
If by "holding a mortgage" you mean you are the lender on the note secured by a mortgage against property owned by the 80 year old borrower, provided your mortgage is propertly recorded there should be no additional documents required to secure your loan. Regardless of age, the... Read more »
I am having a problem with my bank account due to fraud, I am wondering if management can use the security deposit I gave before I moved in for this month that I owe rent on.
answered on Jan 12, 2023
Security deposits are designed to provide the landlord with protection against the cost of damages or unpaid rent at the end of a tenancy. Therefore, landlords are not obligated to apply the security deposit towards rent while a tenant is still in occupancy.
Just found out Landlord never got a C of O and we live here! AND found asbestos which I was disturbing doing laundry! Took last months rent from us as well to move in.
answered on Jan 12, 2023
Depending on when a building was constructed or modified, a certificate of occupancy may not be required. Testing is usually required to verify the presense of asbestos. If a security deposit was required, the landlord is not permitted to also collect last month's rent.
I am a home owner and when my tenant moved in, all appliances including ceiling fan was in excellent working safe condition. Last summer I had to replace the ceiling fan because he was being too rough with it that the wires got disconnected. Now the oven door frame is broke (looks like it was... Read more »
answered on Jan 3, 2023
Tenants are generally responsible for damage caused by misuse of the rented premises/ However, the items you mentioned as needing repair could merely be the result of regular wear and tear for which the tenant is not responsible.
We want to purchase my brother's house he's willing to sell it to us at what he still owes its him his wife on it and his father inlaw as a co signer. We are building our credit currently and we don't have anyone to co sign for us. My brother said we can make monthly payments for the... Read more »
answered on Dec 13, 2022
Unfortunately, real estate transactions between family members that are done informally without an attorney often result in disputes down the road. Therefore, it is important to obtain legal representation to properly document this proposed transaction and best protect yourself instead of asking... Read more »
Also do they have to give back double for not having it back on time?
answered on Dec 2, 2022
Under NYS law, landlord's are required to retun a residential security deposit within 14 days of vacatuer and provide written notification of the reasons for any deductions from the security deposit. If it has already been 30 days, you may commence a Small Claims Case or contact the Attorney... Read more »
I lose my job in August and since I didn't have the money to paid the rent I apply for ERAP. I informed my landlady and she is ok with this but they still have not approved my application. Today I received a message from my landlady to please sign a lease she sent me via email. When I look at... Read more »
answered on Nov 16, 2022
If you have an ERAP appliction pending, the landlord is stayed from taking any action to evict you until a determination on your application is issued. Commercial tenants are not entitled to file an ERAP application nor are they entitled to the related stay preventing eviction. It sounds like... Read more »
I got served a Marshall's 14 day eviction notice. Short story is it's my own fault I let it get to this state but I definitely want to get this rectified as this has been my home my entire life (rent-stabilized unit since my birth). Can I go down to the landlord-tenant court and bring... Read more »
answered on Oct 31, 2022
You may go to the Housing Court in the County that issued the warrant of eviction and make an application for an Order to Show Cause ("OSC") to stay your eviction. You may bring certified funds payable to the Petitioner to demonstrate to the Court you have the funds available to satisfy... Read more »
Brooklyn New York
answered on Oct 17, 2022
Here's a link to guidance from the NYC Civil Court regarding a roommate holdover case: https://nycourts.gov/courts/nyc/housing/holdover_roommate.shtml
However, it is strongly recommended that you retain an attorney to assist you through the process.
I have a tenant who has been paying the rent. They took in a roommate who is not on the lease and had refused to pay rent as they agreed upon. Can I evict the squatter and get my locks changed?
answered on Oct 11, 2022
Tenants are permitted to have roommates but any issue between the tenant and his/her roommate is not a basis for you to evict the roommate. Depending on the circumstances, you could start a case against your tenant as well as the roommate. However, as long as you are being paid the agreed rent by... Read more »
I have the original paperwork for the purchase of the property
answered on Oct 9, 2022
If your father had other assets, you will need to file for an Administration in Surrogate's Court. However, if the property is the only asset, title to the property vests in the heirs by operation of law. Your interst in the property is determined based upon the other surviving relatives of... Read more »
answered on Oct 4, 2022
Unless your property is rent regulated or the rent is otherwise restricted by a housing program, there is no limit on the rent increase you can request. However, if you intend to raise the rent by 5% or more above the current rent, you must serve the tenant written notice of your intent to do so.
answered on Oct 3, 2022
Generally, unless a tenant is protected by the terms of his or her lease or applicable rent regulation program, a landlord is free to terminate a month-to-month tenancy by service of the appropriate Notice of Termination, which is 30-90 days depending upon how long the tenant has been in possession.
My elderly father signed a contract that had no closing date. His lawyer did not tell him either. He signed the contract then instructed the lawyer to NOT send it to the buyer yet. He did so both verbally and through text. Is there any legal recourse? Is the contract valid if the lawyer went... Read more »
answered on Sep 22, 2022
When an attorney acts on a client's behalf, they generally do so as an agent with apparent authority to bind the party for whom they are acting as an agent. However, if the agent (lawyer) acted against your father's directions, your father may have a claim against the lawyer.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.