Dear Manhattan Tenant:

Nothing is illegal about the initial payment request by electronic transmission and subsequent rent payment by check. Although the latter is more or less old-fashioned, it is not illegal. You could also pay by cash, even if the landlord requires a check.

But,... View More

Dear Pittsford Tenant:

You did not say when the lease expired. If it ends on April 30, 2025, New York State housing law suggests that the landlord is entitled to the full rent without any apportionment for the entire month of April, even if the tenant plans to move out on April 12th. Both... View More

Dear Herkimer Tenant:

You are correct, the statute requires that the landlord mitigate damages. If the landlord fails to do so, the former tenant, if sued, has a defense to a claim for unpaid rent left over from the breached lease.

However, all New York State laws truly depend on... View More

Dear NYCHA Resident:

Subleasing is not allowed at New York City Housing Authority properties. If you share an apartment with a tenant and pay rent to the tenant to share, that is a Roommate relationship, not a subtenancy. However, NYCHA management must give the tenant written permission to... View More

Dear Brooklyn Tenant

You have an initial court date for the nonpayment case because you Answered the Petition. It's not going away on its own. This doesn't mean that the landlord won't discontinue the proceeding on the initial court date since you say that all the rent owed... View More

Dear Manhattan Tenant:

This issue is not strictly a landlord and tenant matter--but it seems at least for the moment--you are at the mercy of Con Ed.

Read the information at:

https://everloved.com/articles/post-death-logistics/how-to-handle-utility-bills-after-someone-dies/... View More

From the day of destruction of the personal property the clock started to run on the statute of limitations, which is three years.

What stood in your way suing for monetary damages due to the unlawful eviction?

It's up to the defendant to use the expiration of a statute of... View More

Dear Brooklyn Tenant:

What a family. You were illegally evicted. That was a crime. Had you called the police back then, there may have been arrests made. You had a short period of time to sue for an unlawful eviction.

In New York State, a one-year statute of limitations controls... View More

Dear Albany Tenant:

The notice by the tenant to end a month-to-month tenancy is effective on the last day of the month following the month the notice was provided. Technically, it is a 'one-month' advance notice, not thirty days, but no one, not even most experienced attorneys,... View More

Eventually, DOB will issue another violation for failure to comply and enter a default money judgment because you ignored the summons and did not restore the porch to its original condition, obtain a permit, or amend the certificate of occupancy.... View More

Dear Brooklyn Home Buyer:

You described an illegal, unregistered, multiple dwelling, and extant violation of the Certificate of Occupancy.

Aside from the likely Department of Buildings violations of basement use contrary to the Certificate of Occupancy and failure to restore the... View More

Dear Brooklyn House Purchaser:

I cannot imagine any lawyer advising you sight unseen and without a complete review of the property suggesting you buy this property.

You described an illegal, unregistered, multiple dwelling and extant violation of the Certificate of Occupancy. Aside... View More

Dear Manhattan Tenant

Yes. But a NYC landlord is not required to agree to the proposal to assign the lease. The landlord is able to unreasonably reject the proposed assignment. The only remedy in this event is that the tenant could cancel the remainder of the lease.

An Assignment... View More

Dear Buffalo Property Owner

You are missing the key component of the eviction event and that is you did not bring the tenancy terminated holdover tenant to court. A properly served written 90 day notice is known as a preliminary or predicate notice. To turn it into an eviction proceeding... View More

Dear Commack Property Owner

There is no eviction without a court proceeding. Month to month tenancy does not require a fault ground for the eviction proceeding unless the owner is subject to the Good Cause Eviction Law.

Use a local lawyer familiar with your local District Court.

Dear Valley Stream Tenant:

Generally, there is a right of family member succession tenancy for Rent Stabilized tenancies. These are more complex when the remaining family member lives with a non-purchasing tenant after a cooperative conversion.

Generally, a lease, even a... View More

No. New York State (Department of State) is not a proper party. All New York domestic corporations and LLCs are registered with DOS. Amending a summons is far more complex than amending a complaint--although recent changes in the CPLR make amendments to complaints more difficult than before.

Dear Manhattan Tenant:

A New York landlord has 14 days to present a former tenant with the written itemization of damages the landlord will charge against the tenant's security deposit and to refund the balance of the security deposit. A tenant has no right to return after moving out... View More

Dear Brooklyn Tenant:

Moving out does not prevent the landlord from suing for unpaid rent, just as any ordinary creditor could sue, but the lawsuit is in the regular Civil Court, not the Housing Court, where tenants have all sorts of rights, including the right to an assigned attorney. Make... View More

Dear Bronx Tenant

Is this a Rent Stabilized apartment?

Does your brother also live in the same apartment with you and your wife?

If so, then your arrangement with your brother is not a sublease even if you pay rent to your brother.

If your brother is living in the... View More