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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
They’ve been performing a slow illegal eviction. They gave me until November 15th to move out and now I was just served. I have to be in court on October 13th for an eviction hearing. I’ve been trying to find an apartment but I wasn’t given adequate time and they shut off wifi service... View More
answered on Oct 15, 2023
Shutting off the utility services is a crime in New York State, and the landlord would have been arrested if you called the police. An unlawful eviction should also cause the court to stop the landlord from prosecuting a legitimate eviction case.
The Court eventually will allow an eviction... View More
I am being evicted from a owner that claims he owns the property that i reside in, i have a lease dated till 2025 and this new owner claims that i am a squatter. i have lived here since 2019. i need help answering the notice. i have proof from living here since 2019 and i have a copy of the title... View More
answered on Oct 15, 2023
Dear Uniondale Tenant:
A legal lease is an absolute defense to a landlord claiming entitlement to an eviction unless the landlord initiated the eviction lawsuit based on a claim the tenant violated a condition of the lease and did not cure the claimed breach within the period to do so. You... View More
I have tiny beetles infestation in my toddler and I apartment which as of sep 9th has been notified to the building manager. The manager states he cant caulk the floor due to “possible expansion and elevation of the foundation” and the exterminator stated “they will eventually go away” i... View More
answered on Oct 15, 2023
Dear Queens Tenant:
Usually, the owner and agent information for every residential property in NYC is available online at https://hpdonline.nyc.gov/hpdonline/
Start an HP Proceeding in Queens Housing Court: https://www.nycourts.gov/COURTS/nyc/housing/startinghp.shtml
I was interested in a house that came on the market for $230K. After viewing, I made an offer. A few days went by and my agent said the seller had a better offer, so I offered more than the alleged other buyer offered. Again, I was contacted and told the other buyer had topped my offer. I again had... View More
answered on Oct 6, 2023
Lying to pump up a selling price is criminal fraud, and the broker will lose a license. But usually, it is not a good claim to make after you established as a matter of law a 'meeting of the minds' when you accepted the proposed selling price. It is a bit late to question the purchase... View More
Another party and I drafted a simple sublease agreement for commercial office space. We reviewed all terms and made adjustments. We signed the document and the other party is now wanting to amend terms after sharing it with their attorney. Am I obligated?
answered on Oct 3, 2023
Since the sublease is signed by you and the tenant, that is a done deal. How you deal with the new demand is a business decision. Happy subtenant or unhappy subtenant? A subtenant who walks away? Your subtenant has an attorney. You should as well.
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
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