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New York Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for New York on
Q: Can I be evicted if I provided a hardship declaration during covid
Elaine Shay
Elaine Shay answered on Jun 11, 2021

If you filed a Hardship Declaration, you can’t be evicted before the moratorium is over unless you are engaging in offensive or dangerous conduct. However, you remain fully liable for all rents due, even during the moratorium. The landlord will be able to commence legal proceedings to evict you... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for New York on
Q: one of my roommates wants to ask the landlord for me to be kicked off the lease. is he allowed to do that
Elaine Shay
Elaine Shay answered on Jun 2, 2021

A tenant to a lease cannot be unilaterally removed from the lease without his or her consent.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can a landlord deny me a rental because I have a baby? It’s 3 bedrooms 2 bath and they said it’s too small for 3 people

I applied for this place and in the description I mentioned That my fiancé and I have a baby, they responded that it’s “too small” for a 3 person family and that it would be better suited for a single person or a couple. It’s 1400 square feet, 3 bedrooms and 2 bathrooms. She said the... Read more »

Elaine Shay
Elaine Shay answered on Jun 1, 2021

In NYC landlord's cannot refuse to rent to a prospective tenant because he/she/they have children.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Mom is landlord, pay rent with a written contract, wants to kick me out for a random drug test forced to take. Legal?

My mom is my landlord and I have a written contract to live at home with “terms subject to change by mom at any point”. I tried smoking weed a long time ago which she didn’t like. I stopped for the most part except for a week ago at a friends. My mom forced me take a random drug test or she... Read more »

Elaine Shay
Elaine Shay answered on May 17, 2021

If you are no longer a minor, your parents do not have to continue to allow you to reside in their home. However, like any other landlord, there are appropriate legal steps that must be taken before you can be evicted from the property. These legal proceedings generally take many months and as a... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can a landlord come into the property if the tenant is under self quarantine? Also, how often?

The landlords are selling the property and I am their tenant under quarantine. They are continuously having potential buyers and realtors in and out of my home.

Elaine Shay
Elaine Shay answered on Apr 22, 2021

You should review your lease. Most leases will provide that tenants are required to give access to the landlord, upon reasonable notice, to make repairs to inspect/show the property. If your lease has these types of provisions, the landlord may seek to terminate your lease for failure to comply... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: I have a tenant who does not respect rules. They turn off my boiler while I have tenants upstairs. Can they be removed?

Ive told them multiple times to stop turning off the boiler, they only have access to it because theres a bedroom on the other side of the boiler room they are renting. I noticed also 2 more additional people are living there.. because he added a mailbox with EIGHT names attached. Already violating... Read more »

Elaine Shay
Elaine Shay answered on Apr 12, 2021

Depending upon the status of the apartment and terms of any lease, you may be able to remove your tenant. However, expect delays as a result of Covid.

1 Answer | Asked in Landlord - Tenant for New York on
Q: If my landlord is selling the house I am living in, how much notice does he have to provide me before having me move out

I have lived at the property for over 6 years. I am located in New York. I am on a month to month lease. My lease has not been renewed since after the first year I have lived here.

Victor M. Feraru
Victor M. Feraru answered on Apr 2, 2021

At least 90 days. This is a situation that is prime for a buyout.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Am I violating my lease? Can I be evicted?

My boyfriend spends 4 or 5 nights out the week with me and then goes to his house for 3 or 4 nights. He does not live here, this isn’t his primary residence. Therefore, he’s not on my lease. In addition, my lease has no guest clause. There’s no specifications on how many nights a guest can... Read more »

Elaine Shay
Elaine Shay answered on Mar 30, 2021

If you are the only tenant on a lease in NYC, the law allows you to have one roommate even without your landlord's permission. This is commonly referred to as the roommate law. Therefore, even if your boyfriend lived with you it should not be a problem provided just you and he live in the... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: do i have to rent to a person with a ESA dog if no pets allowed is in the listing?

I have my house listed to rent with the post stating no pets. I have a person who is interested but has a emotional support animal.

Am i legally obligated to rent to them ?

Toshinori Isoai
Toshinori Isoai answered on Mar 30, 2021

To better answer your question, we need to know more details. The answer will probably be "It depends". Various factors must be taken into consideration for assessment such as "does the tenant have a disability?", "does s/he need the animal in order to use and enjoy the... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: Landlord not paying heat, even though the lease states they are responsible to pay.
Toshinori Isoai
Toshinori Isoai answered on Mar 30, 2021

You may want to contact your landlord about lack of heat in writing. If no action taken by the landlord in a timely manner, call 311 to report the violation. You can also sue the landlord for breach of warranty of habitability.

2 Answers | Asked in Landlord - Tenant for New York on
Q: Can my landlord require that I pay next mont rent and keep my security deposit. My lease is up 3/31/21 .

My lease is up and I have not renewed it. Just need I month to move into new place

Elaine Shay
Elaine Shay answered on Mar 17, 2021

If you remain in the apartment after the expiration of your lease, you are required to pay for the use of the premises.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: If 2 applicants apply for a rental apartment one section 8 and 1 is a working applicant.

If 2 applicants apply for a rental apartment one section 8 and 1 is a working applicant. Is it violation to Fair Housing if landlord accepted to working applicant over the section 8?

Elaine Shay
Elaine Shay answered on Mar 17, 2021

Housing discrimination based upon source of income is prohibited in most instances in NYC. You may find information on this issue at: https://ag.ny.gov/source-income-discrimination

1 Answer | Asked in Landlord - Tenant for New York on
Q: This new landlord do not give security deposit bank statement.. living in my apartment for 20 years..I am 75 years old.

How long can the landlord hold the security deposit..

Elaine Shay
Elaine Shay answered on Mar 12, 2021

A landlord is not required to return a security deposit until after the tenant has vacated the vacant apartment. The landlord then has two weeks to inspect the apartment and notify the tenant of any deductions for damage before returning the balance.

1 Answer | Asked in Civil Rights, Landlord - Tenant and Military Law for New York on
Q: How can I get this issue resolved and keep the apartment ?

My friends mother passed away he spoke about keeping the apartment but nothing was finalized since he had to go to the army. Building knew we were moving in and always greeted us even came to fix things in the apartment but no one told us that we couldn’t be here. Today my boyfriend goes to... Read more »

Sabra M. Janko
Sabra M. Janko answered on Mar 10, 2021

It sounds like this may be an inheritance issue. It depends on what the will says. The fact that you are living there will not be relevant if he does not own the apartment. He may be able to assume payments if the will provides for that.

1 Answer | Asked in Landlord - Tenant for New York on
Q: I was living with my boyfriend in his house. He passed away in the end of September of 2020. His father has asked me to

Leave but I have no where to go and have been looking for a place but my finances are very bad and COVID isn’t helping me either as far as finding a place. He just left me a text saying he would be changing the locks in March 15 of 2021 and will restrict my entff egg y to the house. What can I... Read more »

Elaine Shay
Elaine Shay answered on Mar 8, 2021

Condolences on your loss. As you may know there have been numerous moratoriums on evictions as a result of Covid pandemic. However, even without the impacts of Covid, to legally evict a tenant or licensee, a judgment of eviction must first be obtained. If you are concerned you may be illegally... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: do I owe back rent to my landlord if the lease expired and i couldn't move because of the pandemic?

i did agree to give him what i can because my expenses increased when my daughter had to stay home for virtual school and needed child care.

Elaine Shay
Elaine Shay answered on Mar 8, 2021

Yes. If you held over after the expiration of your lease, the landlord is entitled to payment.

1 Answer | Asked in International Law and Landlord - Tenant for New York on
Q: Is a rental agreement and utility bill enough to be granted entry into canada from the US?

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Elaine Shay
Elaine Shay answered on Mar 4, 2021

Entry into Canada requires that all persons carry both proof of citizenship and proof of identity. A valid U.S. passport, passport card, or NEXUS card satisfies these requirements for U.S. citizens. However, US citizens can no longer cross the border, back into the US, from Canada, using only a... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: My landlord makes noise plays loud music smokes weed. Can i sue her for all rent my mom is ill and need peace and quiet?

Before moving to the apartment she told us no noise and she wants people who don't smoke drink loud parties etc. She also wants us to hang out with her and her family we said " no besides its covid19." We moved in because we desperately needed an apartment. Two weeks in she started... Read more »

Victor M. Feraru
Victor M. Feraru answered on Feb 25, 2021

Maybe. It would be better to have an attorney write a letter providing notice and withholding rent while you save. You have use and occupancy, so it will be hard to claw back any serious money. Definitely consult an attorney.

1 Answer | Asked in Landlord - Tenant for New York on
Q: I have a situation with a tenant that is subletting and they do not want to return my security deposit

We did not have any written agreement about security deposit, instead everything was verbal

Elaine Shay
Elaine Shay answered on Feb 24, 2021

It isn't unusual for residential rental agreements of various types to be verbal instead of written; therefore, no need to be overly alarmed that any agreement is not in writing. Unfortunately, it is difficult to understand from your post who "they" may be but I assume you are... Read more »

2 Answers | Asked in Animal / Dog Law and Landlord - Tenant for New York on
Q: Does my landlord have the right to give me 60 day notice due to esa dog visiting me with the owner?
Benjamin Z. Katz
Benjamin Z. Katz answered on Feb 18, 2021

I’m not sure what type of notice you received. If you are doing something in violation of your lease, the normal process is to serve you with a Notice to Cure. That gives you a short time to correct the offending condition. A Notice to Terminate your lease would be inappropriate if this is the... Read more »

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