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Her relative reached out to me after I confronted her and advised they inter to move in and what to buy me out. Is this legal and what can I do?
answered on May 21, 2024
In NYC Rent Stabilized tenants have many rights and are generally entitled to the offer of a renewal lease. However, there are certain circumstances where Rent Stabilized tenants may still be evicted, including nonpayment of rent. In addition a landlord may refuse to renew a Rent Stabilized... View More 
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
Generally, tenants are jointly and severally liable for rent payments until the vacant apartment is surrendered to the landlord. In plain language this means that whatever agreement roommates may have between themselves regarding how the rent will be share the landlord can look to any of the... View More
I am power of attorney for my parent. My elderly parent co-owns a house with a sibling. I am concerned that this property will be soon going into foreclosure as my sibling has not made a mortgage payment for many months and in fact my parent had made most payments prior to this year but has stopped... View More
answered on May 15, 2024
When a co-owner refuses to cooperate in the sale of real property located in New York, a partition action may be commenced to compel the sale of the property at auction. In most cases, the parties reach a settlement regarding the sale before an auction is actually required.
She asked him to take his name off the deed which she did in 1994. She passed in 2019. He was always responsible for the mortgage payments. This is in NY
answered on Mar 22, 2024
A surviving spouse is entitled to inherit. The information provided by the NYS Unified Court System at this link should be helpful to you: https://www.nycourts.gov/courthelp/whensomeonedies/intestacy.shtml
answered on Mar 5, 2024
Generally, if a tenant who has been illegally locked out calls the police, the police will require the landlord to provide access. If this doesn't work, you can go to your local housing court and start an illegal lock-out case to regain possession.
I bought a house in 2022, a few days before the closing, my attorney told me that the neighbor's fence encroached about 2 feet inside of my property. I told the seller that they have to fix it, otherwise, I am not going to close the house. on the closing day, I asked the seller to fix the... View More
answered on Nov 14, 2023
It's very unfortunate that you are having these issues with the property you so recently purchased. You are describing a complex issue that will require the examination of the documents executed at closing as well as other records to properly guide you. Therefore, it is not the type of... View More
answered on Oct 24, 2024
Generally, this would require that you refinance your mortgage. However, you may contact the lender to inquire if they would be willing to assign the mortgage loan.
As of today we are 3 months behind in rent. If payment is brought current before the end of the 90 days will we still have to vacate? Should we pay Oct 1 rent as we had planned? My husband and I are senior citizens.
answered on Sep 27, 2024
There are two primary types of landlord/tenant cases. The first is a non-payment case, which requires the landlord to serve a rent demand before filing in court. If the rent is paid in full the case would be dismissed. The second is a holdover case, which, if you have been a tenant for 3 or more... View More
My brother recently passed away, now it's just me and my mom. Is there any way for me to be added to the life estate?
answered on Apr 8, 2024
If the holders of the interest in the property agree, it should be possible. Feel free to contact for more info.
My fiancée and I have lived in our current apartment in Upstate New York for just under 8 years. After the first, our leases have historically run 1 Oct--30 Sep. We've been happy with the property and management, but an opportunity arose to upgrade to a townhouse in a community that rents out... View More
answered on Mar 4, 2024
Generally, the terms of the most recent written lease control the term of the tenancy, including the end date of the lease.
esa dog is in critical condition amputated leg
answered on Mar 4, 2024
While landlord's generally have responsibility to install child safety bars for children, there is no such requirement for pets. Generally when a pet is injured or killed the liability is limited to cost to purchase pet or cost of treatment for injury.
Deed.. She does not have the ability to buy me out or attain her own financing for the mortgage. We have a 4 year old child. Can I assume that the only course of action for the court is to force the sale of the home being that my wife wishes to keep the home? I do not wish to carry the debt for a... View More
answered on Feb 12, 2024
Especially when a minor child is involved, a matrimonial court is not limited to forcing a sale of the property in the situation described.
Two borrowers on a Joint Mortgage (since 2016) - one borrower moves out over a year ago, other borrower stays in the house with their own kids. The borrower that moved out is now telling the borrower who still lives in the property, that they want to either get "paid their portion of the... View More
answered on Feb 6, 2024
When co-owners of a property disagree about the use of property or payment of expenses, either party may commence a partition case to force a sale of the property. Whether one of the owners has children or is a single parent is not determinative of their rights.
My husband and I have fallen back severely on the rent, due to personal health issues we have ended up owing close to 20,000 in rent with multiple months unpaid for. Today was the court date and there was a stipulation agreement put into place where he would have to pay all the months of rent... View More
answered on Jan 17, 2024
You may be able to obtain financial assistance to satisfy rent arrears by applying for a "one-shot deal"
https://access.nyc.gov/programs/one-shot-deal/
My father passed away in March of 2023 with $200k in the bank, his name only, no will. My mother passed away 5 months later with no money but several debts. I am currently administering my father's estate, but one of my mother's creditors insists that I am legally required to administer... View More
answered on Jan 16, 2024
If a decedent predeceased his spouse without a will, the spouse was a beneficiary of the decedent's estate and the spouse's share of any inheritance must pass through to that spouse.
There are 4 heirs in this scenario. My father’s wife and his two children. I had received a letter in 3/20( Covid) i was sick al’s in hospital. It’s
my believe the property may have been sold under value , in 2010 the value was at 47,900
I just found out they the grape vine... View More
answered on Jan 2, 2024
If your father was a resident of Puerto Rico and the property is also in Puerto Rico, you question is better directed to an attorney in that jurisdiction.
Tenant lives in the Bronx and does not have a current lease. The landlord is asking they pay for repairs/upgrades needed to household items (ex. fridge, cabinet, carpeting). Tenant moving out at beginning of month, and paying for the full month. Landlord will be keeping deposit.
Is tenant... View More
answered on Dec 5, 2023
Generally, the law in New York does not mandate that rent be prorated if a tenant occupies an apartment for only a portion of the month. Tenants are responsible for damage to an apartment during their occupancy but not for upgrade that are not made at their request.
With death information provided by this online site which also connects deceased family members with their other relatives, may I use this information in place of a death certificate? Thanks for your previous response.
answered on Nov 26, 2023
No, this type of website info is not a substitute for a death certificate
I purchased a property under an llc. Unbeknownst to me the deed was fraudulent. I signed the deed back to the real owner. I did some repairs until I found out the deed was fraudulent. The real owner is now suing my llc and me personally for treble damages done to the property. Can they go after me... View More
answered on Oct 19, 2023
There are circumstances in which the owner of an LLC could have personal liability... particularly if it is alleged there was fraud. If you have been sued, you should immediately retain legal counsel as there are time limits to responding to litigation or a default judgment may be taken against... 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 17, 2023
Rent increases for Major Capital Improvements ("MCIs") relate only to rent regulated properties. In unregulated properties, landlords are not required to justify the reason for a rent increase. If a tenant has a lease for a specific term, the rent cannot generally be increased until... View More
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