answered on Dec 25, 2023
Dear Farmingdale Home Owner
There is no method to calculate average. There is no way to know based on the information provided which form of lawsuit your attorney would consider and what court is appropriate.
If the person you described as partner is in a domestic relationship... View More 
Hello, I am in NYC. My roommate, who is co-signed on my lease agreement, decided to move out of our apartment before the end of the lease and break our lease. She told me that she is not allowed to technically be removed from the lease until a new roommate is found to replace her. However, I do not... View More
answered on Dec 25, 2023
Dear Brooklyn Tenant
Your co-tenant is mistaken. As soon as she departed and ceased payment of rent you could bring in a Roommate to replace her. This right to a Roommate is created by State law. It does not require reformation of the lease and does not require consent by the departed... View More
i have a tenant in the basement that has not paid, i am just looking to get them out not get the money they own. Which case type is the best in this scenario?
answered on Dec 25, 2023
Dear Brooklyn Tenant
Since you are not interested in rent, likely not even collectible, if the basement apartment is not legal, end the relationship with a properly served Real Property Law Section 226-C notification and follow up with a Holdover Summary Proceeding.
answered on Dec 6, 2023
Do you mean a sixty-day written notification that the landlord will not renew your lease and that presents a date for you to vacate your home? If so, that is a long way from you losing the case in District Court until there is a judgment against you and a warrant. First, the sixty-day period must... View More
The impossible condition is compelling the plaintiff to require a 60 day prepaid receipt for storage, from a ‘LICENCED’ storage company in the borough of LIC, failing which the warrant of execution won’t be executed. No storage company is prepared to provide a storage receipt or estimate... View More
answered on Dec 6, 2023
Dear Brooklyn Landlord:
I guess that is one of the problems with using the NYC Sheriff [https://www.nyc.gov/site/finance/about/bios/anthony-miranda.page] instead of using an NYC Marshal. The NYC Marshal's rules for conducting eviction are contained within The Marshal's Handbook,... View More
attic) started sneaking me into their house. It’s connected to their living space but they hardly ever go upstairs. And since there’s a a bathroom upstairs, I only went downstairs to come and go through the side door. My rescued pigeons have also been here (parents knew) as well as any... View More
answered on Nov 19, 2023
Dear Queens Resident:
Sneaking into the house does not create any legal protection against eviction. When the homeowner discovers that you have been in the house without their permission--their attorney may very well decide you are a squatter. On the other hand, using the expression... View More
Been living in an apartment for almost 5 years, with two rent increases. One increase of 5% and another of 20%. We don't have access to the heat or air conditioning, and have to ask for either to be put on when needed. It's also the ground level of a house.
answered on Nov 16, 2023
Dear Brooklyn Tenant:
Usually, a legal apartment would allow a tenant to alter the settings via a thermostat for heat and cooling.
Although there is no local law (NYC) and no State law (New York State) that gives tenants any right to air conditioning (cooling), both local and State... View More
My husband and I live in a one-bedroom apartment in New York State. Due to unforeseen circumstances, we now need to move in with a friend and her child. It is against our lease to have more than two people as tenants. We would like to break our lease to move into a bigger apartment, but per our... View More
answered on Nov 13, 2023
Dear West Babylon Tenant
It is a violation of NYS law for a lease to restrict occupancy of an apartment to the tenant only. All leases mean with the expression tenant, the tenant and immediate family members. Restrictions to the contrary are not legal.
The mitigation statute... View More
It’s been a few weeks since the neighbor complained and I have been working to address it… I noticed my dogs bark when they see people walk by so when I am home I make sure they are under control and when I am gone I put them in a small quiet room with no windows and with toys… to try to keep... View More
answered on Nov 19, 2023
Dear Manlius Tenant:
The statutory warranty of habitability is confined to the tenant and landlord relationship. A neighbor does not possess the right to claim a breach by another tenant. Lawsuits based on the notion of private nuisance are expensive and difficult to establish. A court is... View More
Used parents’ address as my legal address during prison term on application; after paying for a background check to be performed, which I eventually passed and was approved to sign a lease. My third lease this year they refused to enter into after offering me the lease to sign.
answered on Nov 14, 2023
New York State Law requires the landlord to offer a renewal lease if your mobile home park has three or more manufactured homes. https://hcr.ny.gov/summary-new-york-state-manufactured-home-park-tenants-rights-under-section-233-real-property-law
No rent regulation exists for tenants in parks... View More
I receive a 30-day notice to leave premises because the leasing office said there is footage showing someone in my backyard smokes. I don’t smoke nor does anyone on my lease smokes. When I asked to have this fixed the leasing office said the lawyer will call me no call
answered on Nov 14, 2023
Dear Huntington Station Tenant:
There is no thirty-day tenancy termination notice in New York State for a month-to-month tenant other than in NYC. A landlord in all parts of New York State cannot end a tenancy without a lease except by the procedure provided in NY State Real Property Law... View More
My landlord has broken every right afforded to me under the law. How do I write an outline? How do I know what crimes I should organize my evidence under and how do I find out what penalties he could incur and if any how much money I can ask for? How do I work in pain and suffering and what is the... View More
answered on Nov 14, 2023
Dear Bronx Tenant:
Generally, defenses based on violations, breach of the statutory warranty of habitability, and failure to make repairs are not allowed in Holdover Summary Proceedings. Harassment, as defined in the NYC Administrative Code, Retaliatory Eviction, and Wrongful Eviction are... View More
As a new landlord, I am just acquiring the property. Do I have the right to evict this tenant because I need their apartment for a family member that is currently getting evicted from their property. Do I have the right to evict them the day that I get the property. What are my rights as a new... View More
answered on Nov 5, 2023
Dear Angola Property Owner
Congratulations on acquisition of a deed to real property. Unfortunately NYS housing law does not provide shortcuts to the legal eviction process regardless of need or emergency. You will need a lawyer.
You need to know how long the month to month... View More
Her reasoning was that she wants the house back to just her and her kids. We also do not have a written lease and never had a verbal agreement about when I move out in the past. She only told me this on October 24th, 2023 through text message.
answered on Oct 26, 2023
Dear Brooklyn Tenant
This notification is insufficient for a tenancy termination notice. In NYC the Law requires this notice is Written and also served by a process server.
You want to fight this? If so you'll hire a lawyer. NYS Law does not force the landlord to forfeit rent... View More
I live in New York State and there is nowhere on my existing lease that says I need renters insurance
answered on Oct 24, 2023
Dear Oswego Tenant:
Does the new owner have a copy of the lease? Do you want to continue to live in the apartment? No landlord is entitled to alter the terms and conditions of a lease unilaterally. So you could stand on your rights, although I daresay no attorney recommends renting an... View More
We are a couple and splitting up after 10 to 11 years , and she give me a notice to quit and says I have 90 days , and the electric bill is way behind , it says that I'm to take care got that and any future bills acquired, and she thinks that she can stay in same said house with her daughter... View More
answered on Oct 24, 2023
How is your co-tenant your landlord? Is she the tenant with a lease for the last 11 years, and you are the mere occupant? If so, your legal status may be nothing more significant than that of a Roommate. Did you pay rent to your partner and not to the landlord?
A Notice to Quit is... View More
answered on Oct 24, 2023
Dear Sidney Tenant:
Two persons living together and both are tenants neither one has a superior right to possession, and a Notice to Quit is nothing more significant than formal notification to you that she wants to live alone. These disputes often result in a domestic violence charge... View More
This is for an Apartment in a 3-family property so all Apartments are unregulated. Tenants moved in recently, there is no signed lease (with BOTH parties having signed). Tenants signed, but the Landlord has not signed. So Tenants claim there is an oral lease in place. However, I believe there... View More
answered on Oct 24, 2023
Dear Landlord:
You really should have an attorney. You have confused several legal concepts. New York State allows for an oral lease of residential property for up to one year. Your offer of a one-year lease may very well be deemed an oral lease, as you were the proponent, and the tenant... View More
My mother entered a contract to purchase a home. In the document she signed, it states very plainly that closing must be on or before September 22, 2023. My mother was told possession would occur at closing.
The owner of the property was not ready to close on or before September 22nd,... View More
answered on Oct 15, 2023
Your mother should have had an attorney since the contract likely required that closing be on or about September 22, 2023, and if the Seller could not do so, the Purchaser, your mother, had to make a TOE demand to force a closing. But as matters developed, your mother likely breached the contract.... View More
answered on Oct 15, 2023
https://ww2.nycourts.gov/COURTS/8jd/ltnonpay.shtml
Generally, legal notices for an eviction are written, prepared by an attorney, and are served by a process server (never by the landlord).
Nonpayment cases require a certified mail letter, a 14-day (written) Demand to Pay Rent, and... View More
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