We don't want to go month-to-month on our current lease, as it increases our rent by about $500 per month. If we re-sign our lease, but a unit becomes available in the senior housing complex, can we break our existing lease without penalty?
answered on Feb 5, 2024
Dear Rochester Tenant
How is it possible that the rent will increase $500/month? New York State law says that when a tenancy goes month to month the rent remains exactly the same as the rent paid before the lease ran out.
Moreover in New York the landlord must propose a new lease... View More 
She just sent me an addendum to lease today, which I did not sign, requiring I pay 30% of utilities for the remaining two months of the lease. Original lease specifies that Landlord will pay all utilities for the duration of the lease.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 22, 2024
Under New York law, a landlord cannot unilaterally change the terms of a lease agreement before its expiration. If your lease clearly states that the landlord is responsible for paying all utilities for the duration of the lease, they are generally bound by this agreement until the lease ends.... View More
She just sent me an addendum to lease today, which I did not sign, requiring I pay 30% of utilities for the remaining two months of the lease. Original lease specifies that Landlord will pay all utilities for the duration of the lease.
answered on Jan 22, 2024
Dear Locust Valley Tenant
Of course your landord does not possess a legal right to alter the terms of the tenancy during a lease.
But New York housing law allows the landlord to shelve the current agreement. If the tenant refuses to accept new terms the landlord is able to use a... View More
I work on property on site and live in a separate dwelling on site. I have concerns of audio being listened in on any particular camera at any time at two separate company properties and I have concerns of my private Internet traffic being stalked by the employer as well. I am finding difficulty... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 21, 2024
It's understandable that you have privacy concerns given your unique situation of living and working on your employer's property in Jefferson County, New York. In the United States, employees do have certain rights when it comes to privacy in the workplace.
Firstly, you should be... View More
I work on property on site and live in a separate dwelling on site. I have concerns of audio being listened in on any particular camera at any time at two separate company properties and I have concerns of my private Internet traffic being stalked by the employer as well. I am finding difficulty... View More
answered on Jan 26, 2024
If it's their wi-fi/router, provided for work purposes, it's possible they may assert control over that traffic with no expectation of privacy. If it's your network equipment and connections, that could be yours, but even those settings can be subject to employer control, based on... View More
And said they’d quiet down. Didn’t happen. The next time I went to them they said they’d soundproof ceiling. Nothing. I have so much video of the noise from upstairs. I’m startled daily out of my sleep from them dropping things on the floor. I also used a decibel reader, and when they drop... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 17, 2024
I would say that you would have a case for harassment and constructive eviction, amoung other possible claims. You seem to have the ability to measure and record the ambient sound from their apartment to record the chronic noncompliance. You should consult with a landlord tenant attorney. Good luck.
And said they’d quiet down. Didn’t happen. The next time I went to them they said they’d soundproof ceiling. Nothing. I have so much video of the noise from upstairs. I’m startled daily out of my sleep from them dropping things on the floor. I also used a decibel reader, and when they drop... View More
answered on Jan 21, 2024
Dear Centereach Tenant
You must take into account that you reside in a community that does not afford much protection for tenants from a landlord choosing to not renew a lease or a tenancy. Generally Harassment is not recognized as a cause of action against a landlord beyond NYC Housing... View More
My husband and I have fallen back severely on the rent, due to personal health issues we have ended up owing close to 20,000 in rent with multiple months unpaid for. Today was the court date and there was a stipulation agreement put into place where he would have to pay all the months of rent... View More
answered on Jan 17, 2024
Every unit of the Housing Court has an office that will connect a tenant with the rental assistance program of Human Resources Administration. And every tenant is also entitled to a free no strings attached postponement of the initial Court Hearing date as well as a referral to a court assigned... View More
Neighbors think I go out too much.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 15, 2024
In New York, as in most places in the United States, there are no legal restrictions on how many times you can enter or exit your own apartment. Your right to freely come and go from your residence is part of your basic rights as a tenant or homeowner.
The concerns of your neighbors, while... View More
Neighbors think I go out too much.
answered on Jan 15, 2024
Dear Brooklyn Tenant:
The NY State Legislature, the New York City Council, and your lease do not control how often a tenant uses the apartment door to enter or leave the apartment or the time of day. Slamming a door on the way in or out is annoying to neighbors, but there is also no law for that.
As the phase out period had begun in Sep of 2021. The notice stated that no back charges will be billed but that this surcharge will be required every month. When I get the rental bill, I noticed that the surcharge was actually 6.6% and when I questioned this with the management I was told that... View More
answered on Jan 14, 2024
Dear Queens Tenant:
As a practical matter, responding attorneys are not your lawyers and are not providing legal advice. You cannot be the only tenant impacted by the retroactive collection of the 2.2% surcharge. You may gather your neighbors and seek an in-person consultation at the local... View More
This year the lease is being revised and i was told i will no longer have access to the backyard. I have a greenhouse in the backyard and have always used the backyard. being its a two family house what are my right as to the use of the backyard? i have always had the use of it and part of the... View More
answered on Jan 14, 2024
Dear Huntington Tenant:
There may be several reasons the landlord decided to recover the use of the backyard and the basement. Perhaps the landlord wants exclusive use of the basement. Perhaps the landlord wants to use the greenhouse. Perhaps the greenhouse was an unlawful alteration to... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 12, 2024
In New York, if a landlord failed to collect the 421a Surcharge at the beginning of the phase-out period, there may be limitations on retroactively imposing it. The 421a Surcharge is associated with the 421a tax abatement program, and its collection is subject to specific rules and timelines.... View More
answered on Jan 10, 2024
Dear Albany Tenant:
An eviction without a court lawsuit, a judgment from a court, and a warrant of eviction is illegal in New York State and is a crime. You could have called the police right away. Now, you have only a lawsuit for an illegal eviction and will need a lawyer. You could still... View More
Landlord in Brooklyn NY. Asked long term tenant that is on a month to month to surrender property. Gave her the 90 days and officially served her with a service processor. Date to vacate was December 31st. She did not move and said she does not have the funds. So we agreed on March 31st but... View More
answered on Jan 10, 2024
Dear Brooklyn Landlord:
Acceptance of rent after the end date of the tenancy creates a new month-to-month tenancy and would require a new Section 226-C written notification served by a process server.
In Kings County Housing Court, a surrender agreement is not likely to be a good... View More
Trying to take me to court to evict me. what are my rights
answered on Jan 10, 2024
Dear Manhattan Tenant:
Good day. There are necessary preliminary notices you must receive from the new owner who purchased the building by auction after foreclosure. You did not mention any one of those must have received written notifications. Read the information here:... View More
Trying to take me to court to evict me. what are my rights
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 9, 2024
Since you have a lease (written lease) in effect from your prior landlord, then the new landlord may find it difficult to evict you from the premises. The new landlord will have to show that you are not paying rent, you are causing a nuisance, you are breaching the lease or the owner wants to use... View More
I received ERAP money for 15 months (over $30,000) but the tenant still hasn't paid 7 months worth of rent nor has given me any information regarding whether they will pay or not. The tenant has not talked to me at all since I was given ERAP money nor do they respond to my calls or texts.
answered on Jan 5, 2024
Dear Manhattan Landlord
Then talk to your lawyer because you may have either a right to sue for nonpayment of rent in Housing Court or Civil Court depending upon the facts.
If there is no lease your right to sue for nonpayment in Housing Court may be impaired and the right to sue... View More
answered on Jan 5, 2024
Dear Brooklyn Subtenant
There is a form of eviction proceeding available to a tenant who sublet an apartment in breach of the lease.
Often there is a race to a verdict between the Landlord looking for an eviction of the tenant and subtext and the tenant looking for a judgment and... View More
I have an eviction warrant and because of holidays marshal office said they will do eviction on Jan 2
answered on Jan 2, 2024
The landlord could have paid for a full eviction so a warehouse mover would be engaged to remove your possessions after the marshal prepares a written inventory. Or locked in the apartment if the landlord did not want to pay for removal.
I don't need to say that you could have avoided... View More
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.
