Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Elaine Shay
1 Answer | Asked in Landlord - Tenant for New York on
Q: If my lease doesn’t say “no pets” and I get a pet, can my landlord make me get rid of the pet or evict me?
Elaine Shay
Elaine Shay answered on Jun 1, 2020

If a pet damages the apartment or creates a nuisance, a landlord may seek to terminate a tenancy regardless of whether there is a "no pet" clause in a lease. Even when a pet is well behaved, a landlord may decide not to renew a future lease in a non-rent regulated apartment if a landlord... Read more »

1 Answer | Asked in Real Estate Law for New York on
Q: Is there a limit for how long it takes an application to rent an apartment in NYC? Can I get my deposit back if so?

It has been 3 weeks since I applied and I am running out of time to find a place. I was told the unit would be available by June 1, which is obviously not happening. I don't want to miss out on places just to find out I've been denied. Help!

Elaine Shay
Elaine Shay answered on Jun 1, 2020

The HSTPA of 2019 gave tenants in NYS substantial new rights. This includes limiting fees associated with renting an apartment to only $20 for a credit check. If you were charged additional fees, you may seek to recover them.

2 Answers | Asked in Real Estate Law for New York on
Q: if my co-op went into foreclosure 2002 2004 i have not received any notice of what bank took over still living there ??

what are my options now the co-op is in westchester new york

Elaine Shay
Elaine Shay answered on May 26, 2020

Unfortunately, you haven't provided enough information to receive meaningful guidance. Are you the owner or a subtenant? What do you want to do?

View More Answers

2 Answers | Asked in Probate for New York on
Q: how can I get access to my mom's estate?

my mom died and 2 long time family friends got power of attorney before her passing. they got POA when she was already sick with dementia this was done without me knowing. they put her in a nursing home without me know and wouldn't tell me where she was until she was there a month and a half.... Read more »

Elaine Shay
Elaine Shay answered on May 21, 2020

You are correct that a POA terminates upon the grantor's death. If your mother had a will, the executor can probate the will in Surrogate's Court. If there is no will, you can commence a proceeding in Surrogate's Court called and Administration and request appointment as the... Read more »

View More Answers

2 Answers | Asked in Real Estate Law for New York on
Q: If I don’t pay the two months left of my NYC lease will my roommates credit scores be affected?

I had to return back home to Ireland due to Covid - lost my job and didn’t have proper health insurance. My roommates are american and I don’t want to affect their credit if I can help it. When I told my landlord I’d struggle to pay May rent they ignored me and I haven’t heard from them. I... Read more »

Elaine Shay
Elaine Shay answered on May 21, 2020

When more than one individual signs a lease as a "tenant" they are each jointly and severally liable to the landlord for the payment of rent. That means the landlord doesn't get involved in whatever agreement exists between the tenants as the the amount each intends to contribute to... Read more »

View More Answers

1 Answer | Asked in Landlord - Tenant for New York on
Q: What type of door is required into my apartment from the corridor?

I live in a two story, 6 unit building built in the 1920s and converted to the current number of units in early 1950s. The door to my apartment is self closing and swings into the corridor (not into my apartment). I discovered while changing the locks (apartment only came with a dead bolt and no... Read more »

Elaine Shay
Elaine Shay answered on May 20, 2020

If describing your concerns and asking the landlord doesn't work, the surest way to get an answer to your question would be to file a complaint with HPD and request an inspection. If the inspector find the existing door to be a violation, the landlord will have a set amount of time to... Read more »

2 Answers | Asked in Landlord - Tenant for New York on
Q: My old landlord said I can use her garage to store my washer and dryer. Now she says she sold them
Elaine Shay
Elaine Shay answered on May 18, 2020

Once the courts re-open, you will be able to commence a case in Small Claims Court to seek damages.

View More Answers

2 Answers | Asked in Real Estate Law, Business Law and Landlord - Tenant for New York on
Q: I own a barbershop/salon the landlord wants 2 months of rent I'm suffering by the COVID19 Virus what is the best option?
Elaine Shay
Elaine Shay answered on May 18, 2020

Pursuant to Governor Cuomo's Executive Order, the moratorium on evictions has been extended to August 20th, so there is no immediate threat of eviction. However, the Executive Order does not relieve a tenant's obligation to pay rent.... It just temporarily removes the ability of the... Read more »

View More Answers

1 Answer | Asked in Landlord - Tenant for New York on
Q: Brother in law was caught with a washer in my apartment which is not allowed. Does that mean automatic eviction?

My brother in law is on section 8 and lives in apartment that does not allow washing machines but was just recently caught with one He lives in NY does that mean automatic eviction?

Elaine Shay
Elaine Shay answered on May 17, 2020

Don't panic. First, due to the Covid-19 crisis there is currently a moratorium on evictions until August 20, 2020. Second, evictions require a judicial process that affords tenants a number of protections and your brother-in-law is likely entitled to an opportunity to cure.

2 Answers | Asked in Real Estate Law for New York on
Q: Do I need lawyer assistance in completing a "Tenancy deed with right of survivorship" to add my wife to the deed?

I own the home and want to add my wife to the deed. Do we need the assistance of a lawyer to have a "joint tenancy of survivorship" done legally? We are completing the forms and I know it needs to be notarized but does it need lawyer approval?

Elaine Shay
Elaine Shay answered on May 15, 2020

I second my colleagues comments and would add that in addition to the deed there are additional tax documents that generally need to be completed before a deed is accepted for filing. Since issues with a questionable deed can cause problems down the road for title insurance reasons, it is probably... Read more »

View More Answers

1 Answer | Asked in Landlord - Tenant for New York on
Q: Question about tenants living

I live in the first floor and the people upstairs don’t pay rent they live for free and the person who has leased the apartment is away. These people who now live upstairs have been causing a lot of noise and ruckus’s throughout the whole day and night. What can I do legally to stop this.... Read more »

Elaine Shay
Elaine Shay answered on May 11, 2020

If you are a tenant, you may alert your landlord to the problem you are experiencing and ask for assistance. Unfortunately, as a result of the Covid-19 crisis, the landlord cannot commence legal action against these neighbors until the courts reopen for regular business.

1 Answer | Asked in Landlord - Tenant for New York on
Q: (NYC) Am I able to leave my NYCHA apartment?

I am the lease holder of a NYCHA apartment in the Bronx. I would like to surrender the apartment and leave however I have a guest that has been there for more than 30 days and does not want to leave due to no evictions at this time. Can I still surrender the apartment? What happens if I surrender,... Read more »

Elaine Shay
Elaine Shay answered on May 11, 2020

Generally, a tenant must deliver vacant possession of the premises to the landlord before being relieved of his or her obligations. However, it may be possible to negotiate on your own or with the assistance of an attorney for the release from your obligations in exchange for your cooperation with... Read more »

2 Answers | Asked in Real Estate Law and Land Use & Zoning for New York on
Q: how do I go about starting adverse possession /obtain deed on attached lot?

Bought a home 10 years ago. Title company at our closing found that attached lot was never transferred to previous owner some 30 years prior. The lot was mistakenly put in previous owner.s name. Previous owner used as a yard , cared for it, and paid taxes on it for 30 plus years (tacking). I... Read more »

Elaine Shay
Elaine Shay answered on May 11, 2020

It appears that you are looking for info for DIY adverse possession claim. Although the desire to avoid legal fees is understandable, it is a difficult case to do yourself. It is also possible that you could inadvertently make admissions that would undermine your case. Therefore, it may be... Read more »

View More Answers

3 Answers | Asked in Landlord - Tenant for New York on
Q: New York State - when exactly are security deposits required to be placed in an interest bearing account?

I currently own one 4-unit building and plan to purchase additional properties in the near future, all in NY. From what I gather in the responses, the 6-unit law pertains to an individual building, not the total number of units a landlord owns, correct?

Also, I read that if the deposit... Read more »

Elaine Shay
Elaine Shay answered on May 6, 2020

Security deposits are intended to be placed in a designated security or escrow account upon receipt. Generally, the parties can negotiate for the money to be deposited in an interest earning account. However, since the landlord is also generally allowed to keep up to 1% of any interest earned as... Read more »

View More Answers

2 Answers | Asked in Landlord - Tenant for New York on
Q: Hi I have a some one move out 2.5month ago But he leave some things behind What can I do
Elaine Shay
Elaine Shay answered on Apr 23, 2020

Since the courts are essentially closed in response to the COVID19 crisis you will not be able to seek relief from them at this time. Therefore, the most efficient thing would be to communicate with the person who moved out to obtain permission to remove the belongings to be disposed of or placed... Read more »

View More Answers

2 Answers | Asked in Real Estate Law for New York on
Q: evicting disabled student

Parents have a disabled daughter scheduled to attend grad school

Elaine Shay
Elaine Shay answered on Apr 23, 2020

At the moment we are in the midst of a 3 month stay of all eviction proceedings.

View More Answers

3 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: The windows in our apartment were not installed properly since we moved in One fell out and hit us do we have a case

We moved in May of 2019 and we noticed the windows in our living room were not installed properly. We wrote a email right away to the management company who took note of it and put it off we then continue to wright emails and phone calls to the management company who still to this day has not fixed... Read more »

Elaine Shay
Elaine Shay answered on Apr 21, 2020

If you sustained an injury as the result of negligence, you should speak to a personal injury attorney about the prospects of commencing a case for damages. As a result of the COVID crisis, the Courts are essentially closed to non-essential matters. If the repairs you are seeking are an emergency... Read more »

View More Answers

2 Answers | Asked in Real Estate Law, Landlord - Tenant and Legal Malpractice for New York on
Q: Can I sue my building management for poor back of building care.

May sound a bit mad but im not looking to cash out here. I just want our building management to be more competent in making sure tenants do not throw garbage out the their window. There is tampons, menstrual pads, shampoo bottles, dog feces and other unsanitary things that probably shouldn't... Read more »

Elaine Shay
Elaine Shay answered on Apr 20, 2020

If you have already notified the building managment and not received a satisfactory response, it may be time to seek an inspection by the City of the conditions. You can call 311 to request an inspection for possible violations.

View More Answers

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can my landlord rent out the garage and driveway to a non tenant to use it everyday for mechanical work on people’s cars

Especially during this pandemic

Elaine Shay
Elaine Shay answered on Apr 15, 2020

You can call 311 to file a complaint

1 Answer | Asked in Real Estate Law for New York on
Q: NYC Housing Question

I am a medical resident with a large hospital in Brooklyn. My program offers subsidized housing while working/studying. I recently moved and the housing office says my security deposit will be returned I'm 2-3 months. That doesn't seem right.

I thought NYC law required a... Read more »

Elaine Shay
Elaine Shay answered on Apr 15, 2020

Your correct... The Tenant Protection Act of 2019 requires security deposits be refunded within two weeks. Unfortunately, the Courts are closed to non-essential matters. As a result, if you wanted to commence a case, you will probably not have an opportunity to do so before the security deposit... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.