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answered on Sep 5, 2024
Any legal eviction in New York State requires an initial inquiry about the relationship of the Petitioner (the party initiating the lawsuit similar to the Plaintiff) and the Respondent (the other party, who may be either a tenant or a licensee). The paths to getting into court are different.... View More 
answered on Sep 5, 2024
If your relationship with your live-in 'ex' fits a category of landlord/tenant or landlord/not tenant relationship, there is a form of summary proceeding available to use. Perhaps a holdover tenancy termination summary proceeding or a holdover Licensee holdover summary proceeding.... View More
answered on Sep 5, 2024
If your landlord does so, that is a crime, and you could call the police.
'....engaging in a course of conduct which interferes with or is intended to interfere with or disturb the comfort, repose, peace or quiet of such occupant in the use or occupancy of the dwelling unit, to induce... View More
We are concerned that we will find significant issues with the home after we move it but don't plan to move in for a couple years when we down-size our home.
answered on Sep 6, 2024
The New York State mandatory real property disclosure form you received before you went to contract will hold the former owner accountable for false material reports about the condition of the property.... View More
my parents bought me and my kids a house on a foreclosure sale we have lived at the house for almost 9 years i have renovated the home with my own money with no help from them at all and i paid a monthly amount of 600.00 to pay them back 35,000 and I did because I trusted my parents. we had a... View More
answered on Sep 1, 2024
Dear West Valley Home Owner:
It would help to know what type of landlord-tenant proceedings were started and lost and the reasons for the cases' failures.
In New York State, the filed deed is evidence of owning real property. If your name is on the deed, you are the owner--not... View More
My Motion to Dismiss in Nassau County Landlord-Tenant Court was dismissed, and I want to appeal it. Can you tell me what forms I need and the procedure? I also need info on getting a stay of my eviction action while the appeal is pending.
answered on Aug 30, 2024
Dear Great Neck Tenant:
An appeal from Nassau County District Court is at the Appellate Term (9th and 10th Judicial Districts. You will need a form that I cannot discover online. (https://www.nycourts.gov/courts/ad2/appellateterm_forms.shtml
You also need a Request for Appellate... View More
I live in a NYCHA Apartment, and recently had my son removed from my lease. He promised to move in no more than 30 days, but now refuses to do so. How do I get him out of my apartment? I don't want to get in trouble with NYCHA because he refuses to leave. Can I ask NYCHA to start an eviction... View More
answered on Aug 28, 2024
Dear NYCHA Tenant:
I am sorry that New York Housing Law gives no breaks to tenants looking to remove unwanted roommates and family members. You will end up needing a lawyer to evict your son.
I cannot say that NYCHA will not let you change the locks or prevent your son from entering... View More
I am purchasing a home and would like my father to be my buyer’s broker and real estate attorney for the closing. Can he be both in Suffolk County, N.Y?
answered on Jun 23, 2024
You should ask your father. Why would you need a broker if you already settled on the property. You need a lawyer to be certain that the seller complies fully with the new Real Property Disclosure statute especially with the new mandatory flood disclosure.
The address was not included in the will
answered on Jun 20, 2024
You are not going to like this but there is no simple free service to do so. https://protitleusa.com/PuertoRico#:~:text=In%20PR%2C%20only%20a%20notary,anywhere%20from%20%2425.00%20to%20%2450.00.
The address should be on property tax invoices, utility accounts, drivers license and so on.
I entered into a lease agreement with two other roommates for a term of one year until March 1. Unfortunately, one of them has been refusing to pay rent for some time. As a result, the landlord has taken all of us to court since all our names are on the lease. The roommate who consistently paid... View More
answered on May 20, 2024
Dear Manhattan Tenant:
A lawyer's initial inquiry concerns the reasons you had to Answer the Petition and secure a trial date (https://www.nysenate.gov/legislation/laws/RPA/732). Generally, if the petition is not served upon the tenant by personal delivery directly upon the tenant, the... View More
Hello, I need some assistants as landlord who have been facing relocation charges from HPD for almost about a year now. I need help as a way out of this. HPD has been uncooperative and unwilling to help. I got a violation last year in February from DOB, a vacate order. Which has been fixed and... View More
answered on May 19, 2024
Dear Brooklyn Property Owner:
Several possible city departments are entitled to demand payment of expenses and fines when an agency issues a vacate order and a tenant is displaced from an illegal dwelling.
See for example:... View More
It's a very messy case or will be. The owner has been in and out of jail and rehab. There were lead paint issues he didn't disclose I had to remedy. There have many other things I had to fix or repair to make it livable. Owner's parents are stating they are said owners p.o.a.. The... View More
answered on May 19, 2024
A 14-day notice is a rent demand [the predicate notice required to sue for an eviction based on not paying rent], and a 60-day notice provides the mandated advance written notification of the end of a tenancy when the tenancy is less than two years in total duration but more than one year.... View More
How do I force them to renew my lease? How do I get out of paying them anything or at least anything until they renew my lease? The apartment and building have had terrible conditions including no gas for months unreliable heat and hot water, dangerous elevator constantly out of service, in... View More
answered on May 11, 2024
Dear Manhattan Tenant:
I do not know what you mean by treating it as a Civil case, not a landlord and tenant case. If the lawsuit seeks eviction because the lease expired and the landlord provided written notification as required by NYS Real Property Law Section 226-C, that is still a... View More
And if yes how much payment should I take from him
answered on May 6, 2024
Dear Brooklyn Tenant:
New York City Local Law mandates reporting all tenant buy-out agreements to HPD. A tenant without a lawyer will not likely make the best possible deal. You did not provide any information for an enhanced buyout settlement.
I was served by a process server eviction papers. When we went to court the 2 atty's agreed to wait because they were supposed to turn in a ledger to ERAP. They never did. Instead I was told to sign a stipulation of settlement. I was told I would be thrown out earlier if I don't.... View More
answered on May 6, 2024
Dear Amenia Tenant:
You may need to hire a new lawyer. Appearing before the judge to review a written stipulation of settlement is often not required when both tenant and landlord have attorneys. https://www.nysenate.gov/legislation/laws/RPA/746
You made a deal to move out in... View More
Tenant is a senior citizen. Old lease did not require renters insurance
answered on May 6, 2024
Dear Huntington Station Tenant:
New York State law does not set a minimum amount of renter's insurance or mandate that tenants do so. However, the tenant lease may require a tenant to carry a renter's insurance policy.... View More
My roommate is the leaseholder, I’m not on lease, we had a falling out and I’m trying to leave as soon as I can but I’m delayed, she has given me 6mo already hasn’t asked for rent and I appreciate that, but she’s fed up now and said she’s going to put my stuff in storage and change the... View More
answered on Apr 29, 2024
Dear Brooklyn Roommate
What more of a deterrent do you want on top of an arrest? A letter from your lawyer to suggest that there is a risk of a civil lawsuit for unlawful eviction?
Of course you don't have to move even if you are not paying rent. Your lawyer could convince... View More
Me my wife and 1 year old daughter have been inhaling gas fumes for over 4 months and we want to know is my landlord is that fault?
answered on May 11, 2024
Shariff. When did you first smell gas? Because there is no method to detect a gas leak without smell otherwise. If you first smelled gas on April 18th, you had to leave the apartment and call 911. https://portal.311.nyc.gov/article/?kanumber=KA-03185#
I will be breaking my lease and am responsible for finding the new tenant.
answered on Apr 13, 2024
Dear Brooklyn Tenant:
Why are you responsible for a replacement when State Law leaves replacing a departed tenant with the remaining co-tenants?
All you would need is a written agreement with the landlord and your co-tenants to remove you from the lease agreement and allow the... View More
So the house that the "tenants" in, is on the same property/lot as the property owners house.
The "tenants" were invited to live there, by the owner in exchange for a service.
The terms of the service were a verbal agreement by both parties.
The... View More
answered on Apr 6, 2024
Dear Batavia Home Owner:
You brought them in, so they had permission. A tenancy cannot diminish into a squatter. If they have been there for more than one year and you claim you rented to them, the preliminary written notice to your tenants is the notification required by New York Real... View More
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