Questions Answered by Elaine Shay

Q: If a house was sold in January due to a foreclosure is the current landlord entitled to rent after January?

2 Answers | Asked in Foreclosure and Landlord - Tenant for New York on
Answered on Apr 17, 2019
Elaine Shay's answer
According to the factual description you presented, although a foreclosure judgment was entered the actual sale has not taken place and is instead scheduled for May 2019. Until the property is sold at auction, the owner named in the foreclosure action would remain entitled to collect rents from the property until the auction unless a receiver or other type of order impacting rent collections had been entered.

Q: What to do if my ex friend (not on our lease) does not leave in 30 days as she has been informed she should?

2 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Answered on Apr 17, 2019
Elaine Shay's answer
In the situation you described, you are essentially in the role of landlord to your "friend". Like any other landlord in a similar situation you will be required to commence an appropriate proceeding in Housing Court to obtain a legal eviction. If you take act without court authorization, your "friend" may seek assistance from the police and the courts as well as damages.

Q: I have a question regarding the rights of landlords to assign fees for the return of rent checks for NSF....

1 Answer | Asked in Landlord - Tenant and Banking for New York on
Answered on Apr 11, 2019
Elaine Shay's answer
The fees that a landlord is allowed to charge depends upon the terms of the lease.

Q: My mother wants her name off a deed to heir land and wants to transfer it to me. How do we do this?

1 Answer | Asked in Real Estate Law for New York on
Answered on Apr 11, 2019
Elaine Shay's answer
The law and procedures for transferring real property vary between the different states so this question is better posed to a North Carolina attorney.

Q: Can another offer on a home/property be accepted once a purchase offer has been accepted, and documents signed?

2 Answers | Asked in Contracts and Real Estate Law for New York on
Answered on Apr 10, 2019
Elaine Shay's answer
Simply put, it depends. Once you have entered into a contract to purchase property, a seller cannot simply backout because a better offer comes along. However, the issue is at what point you have an accepted offer that results in a binding contract. To evaluate your specific situation, a lawyer would need to review the exchanges that took place and advise you accordingly.

Q: For a unmarkble title what can I do to fix it

2 Answers | Asked in Real Estate Law for New York on
Answered on Apr 10, 2019
Elaine Shay's answer
Many different issues can cause title to be unmarketable and, as a result, there are different actions that may need to be taken. Examples include actions to discharge an ancient mortgage or quiet title. In any event, it makes down to sit down with a lawyer in your area to discuss your options.

Q: My landlord just informed us they sold our home and want us out May 1st, This was verbel when we payed our rent.

1 Answer | Asked in Landlord - Tenant for New York on
Answered on Mar 31, 2019
Elaine Shay's answer
Unless you are in a rent-regulated apartment or have the protection of a lease, a landlord is permitted to verbally request that you move. If you fail to do so, the landlord may be required to serve a written notice before commencing a Holdover Proceeding in court to obtain a final judgment of eviction before actually being able to evict you. If you receive papers about the matter, don't ignore them.

Q: I have lived in apartment 10 yrs, am I responsible for painting and new carpet?

1 Answer | Asked in Landlord - Tenant for New York on
Answered on Mar 31, 2019
Elaine Shay's answer
Unless your lease specifies otherwise, a tenant is not responsible for normal wear and tear.

Q: If you are served with an eviction notice for no fault of your own are you expecvehavehavehavehavehavehavehavehavehaveht

1 Answer | Asked in Landlord - Tenant for New York on
Answered on Mar 26, 2019
Elaine Shay's answer
Generally, in New York, you are expected to pay rent and/or use and occupancy for the time you occupy a premises. This is usually true even if you are being asked to relocate by the landlord. When you rent a premises you do so for a limited period of time and unless the property is rent regulated you are not entitled to a renewal lease so are expect to move.

Q: When meeting the tenant of a room I'll be subletting from, what are good legal precautions to take before paying them?

1 Answer | Asked in Landlord - Tenant for New York on
Answered on Mar 25, 2019
Elaine Shay's answer
Generally, in New York, sublets require consent of the landlord.

Q: regarding housing and landlord

1 Answer | Asked in Consumer Law, Landlord - Tenant and Real Estate Law for New York on
Answered on Mar 25, 2019
Elaine Shay's answer
Generally, the most appropriate forum to demand repairs in a landlord/tenant situation is in Housing Court through an HP Proceeding. It would be unusual, costly and most probably substantially slower to try to commence a case in Supreme Court to compel repairs.

Q: I live in a house with my 2 boys who are the children of my ex domestic partner. He owns the house and will not

2 Answers | Asked in Real Estate Law for New York on
Answered on Mar 25, 2019
Elaine Shay's answer
Generally, if you have children with a property owner but are not legally married you would not have a claim to an ownership in the property. However, with the proper representation, the courts should recognize your financial dependence and compel the property owner to proceed in Supreme Court instead of simply prevailing in a Holdover Proceeding. In any event, you should also pursue your claims to child support in Family Court.

Q: I am a buyer. I need to cancel signed purchasing real estate contract and get deposit back.

2 Answers | Asked in Real Estate Law for New York on
Answered on Mar 21, 2019
Elaine Shay's answer
Your first step is to speak with the attorney representing you in this transaction. He or she should be familiar with the terms of the contract you signed and should be able to explain to you any options in your contract that might allow you to take the course of action you would like to pursue.

Q: My tenant is threatening or is taking me to court over an emergency work...

1 Answer | Asked in Landlord - Tenant for New York on
Answered on Mar 19, 2019
Elaine Shay's answer
Landlords have the obligation to provide heat, hot water and other essential services. If these services are interrupted while repairs are being made, tenants may have the right to a rent abatement and may commence HP Proceedings in Housing Court where violations and hefty civil penalties can be imposed against landlords.

Q: MY NEIGHBOR PUT A BRICK PILLAR FOR A DRIVEWAY GATE ENCROCHED 9 AND A HALF INCHES INTO MY PROPERTY ..HE NEVER PUT A

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for New York on
Answered on Mar 18, 2019
Elaine Shay's answer
It isn't clear what your question is but you are correct to be concerned about a possible adverse possession claim. There is a statute of limitations that can bar you from objecting to an encroachment on your property and by waiting before bringing an action against your neighbor you may lose your right to do so. The law does not protect those who sleep on their rights.

Q: I have lived in my rent stabilized apartment for over a decade now and have never been offered a lease. should I be?

1 Answer | Asked in Real Estate Law for New York on
Answered on Mar 18, 2019
Elaine Shay's answer
Rent Stabilized tenants are entitled to renewal leases. If your landlord refuses to provide you with a renewal lease, you can file a complaint with the DHCR.

Q: My mom is selling her house to another family member without a realtor. She wants to use the same attorney. I don’t

1 Answer | Asked in Real Estate Law for New York on
Answered on Mar 18, 2019
Elaine Shay's answer
With proper disclosure a lawyer may be permitted to represent both the seller and buyer in a real estate transaction. However, that does not make it a good idea!!! Regardless of whether the sale is to a stranger or a family member independent counsel is recommended.

Q: Hello, I received an eviction notice but I paid the rent before the date mentioned

2 Answers | Asked in Real Estate Law for New York on
Answered on Mar 18, 2019
Elaine Shay's answer
It's possible that your payment and the eviction notice crossed in the mail. However, it is never safe to simply rely on the fact that no action will be taken because you forwarded a payment. If you have in fact received an eviction notice, you can go to Housing Court and request an OSC to stop any eviction because you have paid.

Q: I've just been told by a HPD inspector I will have to vacate in 30days due to illegal bsmt apt.

1 Answer | Asked in Landlord - Tenant for New York on
Answered on Mar 11, 2019
Elaine Shay's answer
Unless you were issued an Order to Vacate, it is likely you confused what the inspector told you. I'd guess the inspector told you the landlord will have to send you a 30 Day Notice not that you must actually vacate in 30 days. There is a world of difference between the two and with proper legal representation you may be able to have substantially more time to move and even a financial settlement to help you do so.

Q: Bankrupt Rescap failed to file Mortgage Satisfaction for loan pd in 1999, who should we file motion against?

3 Answers | Asked in Consumer Law, Real Estate Law and Civil Litigation for New York on
Answered on Feb 28, 2019
Elaine Shay's answer
If I understand you post correctly, you may need to do more than file a motion in bankruptcy court. Instead you may have to commence an action to quiet title.

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