I am renting in Brooklyn in a long-term Airbnb. I pay the leaseholder directly. I told her I was moving, but paid for 5 days for the following month because I plan to move on the 1st or 2nd. We don't have a written agreement, but she said that I have to move on the 30th. I said that's... View More 
answered on Sep 20, 2023
Dear Brooklyn Tenant:
It is hard to say which side is right because you and the tenant acted outside the law as presently consituted. A long-term Airbnb is indistiguishable from a sublease since Airbnb is ordinarily a short-term rental (that is under thirty days) and, in most instances is... View More
I was the live in caregiver of an 84 year old whose home is currently in Reverse mortgage. The issue is the out of state siblings of the caregiver intend to seek to obtain Letters of Administration. I think should be the Administrator. Also, are there options for me to remain in the home for an... View More
answered on Sep 13, 2023
Dear Queens Caregiver:
Why not apply to Queens County Surrogate Court to be the Administrator? If you prevail, you will have a tough job hunting down unknown heirs of the deceased homeowner. You get to live rent-free until a party with a superior right to possession succeeds in an eviction... View More
I am renting a room in a house with multiple other roommates. The house I am renting, I live with my landlord. In my lease I can only have 1 guest at a time for 2 hours with a limitation of 6 times per month. Another rule is that I can only have 1 guest at a time spend the night with a limitation... View More
answered on Sep 11, 2023
Dear Queens Tenant
Do you mean multiple other Roommates share your room or the landlord rents other rooms in the house?
If so, your landord is engaged in the prohibited business of maintaining an illegal Single Room Occupancy dwelling within a one family house.
If that is... View More
I’m considering buying a property. On this property is a mobile/manufactured home in disrepair. The water lines are in danger of freezing, the oil heat is questionable, the slab is undermined and I’m not allowed to inspect. According to the real estate agent the tenant will be out 60 days after... View More
answered on Sep 5, 2023
First, hire an attorney. You do not want to enter into a contract to purchase the property with an existing tenant. Your contract must guarantee free and clear possession and without any tenancies and occupants. There is no such thing as relying on the real estate broker's statement the tenant... View More
answered on Sep 5, 2023
Dear Queens Property Owner:
There are many forms of commercial leases available for use by property owners who choose to avoid using a lawyer (and that is never recommended). Some notions in law may stand in the way of a lease forfeiture without a right to cure in the event of a declared... View More
Our original condo Offering is missing 2 pages - which detail duties of Officers of the HOA. None of the owners, managing agent, local realtors attorneys used in closings have these missing two pages. We want to simplify the process by developing our own by-laws,. We want to do so without the... View More
answered on Sep 1, 2023
Dear Clifton Park Condo Owner:
I suggest you research NY model forms of Condominium Bylaws. I doubt anyone will suggest that it is agood idea to do an amendment of Bylaws without an attorney since this may require the approval of the Attorney General.
answered on Aug 30, 2023
Dear Manhattan Landlord
Possibly because you did not make the offer of a new lease as required by Real Property Law Section 226-C. Depending upon the total time of the tenancy, you would need to provide 30, 60 or 90 days advance written notification to sign a new lease. In NYC this... View More
Hi, I'm a landlord of a condo. The tenant has not paid rent 2 months and has abandoned, leaving apt in filth and broken parts. He did return recently to get his things. NOBODY lives in there and he says doesn't have keys anymore. Now he just harassed me yesterday trying to pull a scam,... View More
answered on Aug 26, 2023
Dear Great Neck Condo Owner
At least the tenant clued you in to the possibility of legal problems. Your tenant likely has more experience in Court than you do.
Abandonment is not a recognized ground in NY for a landlord to enter into rented premises. Rather the landlord has a... View More
can i collect rent as long as her possessions were in apt. also, she left a tv on the curb that i will have to pay to have it taken away. she wants her full security returned in 14 days. can i collect rent till august 9, and deduct from security the cost of taking her tv away?
answered on Aug 26, 2023
Dear Schenectady Landlord
You will be sued in Small Claims Court if you did not return the full security deposit to the former tenant within 14 days of vacating the home. You did not mention that you provided the required statutory notification that you are not renewing the lease or you... View More
My property values are over $10000, not abandoned.
answered on Aug 26, 2023
Dear Cortland Tenant
In New York expiration of the lease does not act as an expiration of the tenancy. Just look at NYS Real Property Law Section 226-C [https://www.nysenate.gov/legislation/laws/RPP/226-C]. The tenancy continues month to month as before except for the running out of the... View More
I have rented, in Rockland County, NY, a small cottage, for more than 6 years, always paying early. There is a small shared wall in living room w/main house. The 6 month signed lease we had expired 05/31/23. Landlord emailed he agreed to renew, for 12 months this time. However, before he gave... View More
answered on Aug 26, 2023
Dear Monsey Tenant
Your tenancy continues month to month until your landord or the new owner provides the notification required by NYS Real Property Law Section 226-C [https://www.nysenate.gov/legislation/laws/RPP/226-C].
But let us say that the writing is on the wall. Your landord... View More
I am three months into a year lease I signed as a tenant. I just heard today that my landlord decided to sell, and was asked to work a plan for showing the unit I'm occupying. I asked for M-F 9-5, and have been told "Having it only 9-5 will be a challenge but we'll start there.... View More
answered on Aug 15, 2023
Dear Newburgh Tenant
There is no State law that mandates a tenant give access during a normal workday to the owner's prospective investors and for that matter at any other time. A landlord could build the access obligation into a lease or not. So read the lease.
If the lease... View More
I live in Brooklyn, New York. How do I remove a person from my home who is not on my lease and has been staying with me for almost 1 year without paying any bills or money towards my rent. I attempted to have him removed by calling the police, but they stated since he lived with me, I could not... View More
answered on Aug 13, 2023
Dear Brooklyn Tenant
I gather the occupant is a guest who wants a court to order an eviction instead of just volunteering to leave you alone in your home.
This means that you are likely to need a lawyer. First to discover facts. Second to inform you of the choices that exist for... View More
answered on Aug 26, 2023
A statewide statute allows for a tenant the right of Subleasing an apartment in a building with four or more apartments with the advance written permission from the landlord even if the lease did not allow the right to sublet. https://www.nysenate.gov/legislation/laws/RPP/226-B
The statute... View More
I've been living at the location for 1 year on a month to month lease. I found a new place and am moving out in less than 30 days. I want my rent to be pro-rated. My landlord is saying that I have to pay the full rent, because I did not give 30 day notice.
answered on Aug 2, 2023
Dear Brooklyn Tenant
There is no statute that requires advance notice when ending a month to month tenancy in NYC. But stay over one day into the next rental period you will owe rent for the entire month. This is due to the ancient and still lawful process of New York rental law that does... View More
This tenant has been getting increasingly demanding and feels the property is hers, so we decided it was time for her to move. It is a 90 day notice. She is a month to month tenant.
answered on Jul 24, 2023
Dear Farmingdale Home Owner:
You know your tenant will lawyer up; you should do so before she does. About your ninety-day notification that you will not continue the tenancy--what is the declared end date and last day to vacate and surrender possession to you? Oddly, the Legislature did not... View More
We signed a 16 month lease in Dec. We are now 7 months into said lease. It was required that you have a minimum of 100k liability insurance on your renters insurance. We did that. Our lease is not up until April 2024. They are saying we now need to up the insurance from 100k to 300k. Can they do... View More
answered on Jul 21, 2023
Dear Albany Tenant
No. Of course not. You have a signed contract. I'm sure you will locate the clause in the lease that states the lease is the entire agreement and cannot be amended or modified without a written agreement signed by the tenant and the landlord.
Your landlord... View More
My landlord has provided an itemized statement and receipts for the deductions made to my security deposit through text messaging only, the day of the deadline (14th day) to send both itemized statement and remainder of security deposit to me by mail. I did not receive the remainder of the security... View More
answered on Jul 19, 2023
Dear Poughkeepsie Tenant:
So little law is developed in courts throughout the State dealing with the tenant security deposit statute. Likely, you would sue in Small Claims Court. I cannot predict that a local Small Claims Court would not decide that the text message satisfied the... View More
I notified my landlord of a broken AC unit over 3 months ago through email, their portal, the phone, and in person. At this time it is still not working and I have not been given an expected timeline as to when it will be repaired. The AC unit is listed both in my current lease and the one that... View More
answered on Jul 19, 2023
Dear Latham Tenant:
Very few, but I am not able to tell you what to do because I am not your lawyer. Unlike Texas [https://guides.sll.texas.gov/landlord-tenant-law/failure-to-repair], New York does not allow a tenant in the circumstances you described to make a repair legally and deduct it... View More
My lease contains a clause stating that the tenant and landlord waive all rights to jury by trial. What does this mean?
answered on Jul 16, 2023
That is a Jury Waiver Clause. New York Courts consider the lease as an agreement made by parties with the same power to negotiate terms and conditions of the contract, even though everyone knows that there is no level playing field. A lease for most residential tenants is a take-it-or-leave-it... View More
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