My tenant got a order to show cause after receiving a eviction notice.Do I have to file a new Eviction notice if she was granted a extension and doesn't leave?Do I have to call the marshal to schedule a eviction or will it be automaticaly?or do I have to wait 14 days after she's scheduled to move... Read more »
The Marshal will not automatically reschedule an eviction. The landlord or his/her attorney must take the initiative. Whether you have to serve a new notice depends on the exact language of the court order disposing of the OSC
I’m renting a room in a private house, no lease agreement only verbal. Owner hasn’t told me but heard he sold house. What are my rights in this situation, I have no place to go and been paying my rent faithfully. Please I need help.
If a property is sold, the new owner essentially steps into the shoes of the previous owner and does not have more rights than the previous owner with respect to existing tenancies. In New York, a landlord must commence a case in Housing Court to obtain possession of a rental unit from a tenant....Read more »
My father was declared brain dead on Jan 9th, and passed away on Jan 24th. His girlfriend has made 2 withdrawals using ATM, one of which weeks after death. The DA said that it's not illegal if he gave her permission; but, how can he give permission if dead? They are not married. He died intestate,... Read more »
Unless there was a case already pending, any effective legal steps the landlord could take towards evicting a tenant take much longer than two (2) days. Generally, tenants have an obligation to allow access to their apartments upon appropriate notice for the landlord to inspect and repair...Read more »
I live at the state of New York (long island), and have rented a house with several other tenants. Each one of us has its own lease contract. My lease contract specifies 24-hour notice for the landlord before entering the house! But my landlord kept entering the house without giving notice. Can she... Read more »
I signed a lease with a roommate for one year starting Jan 2020. It is now 20 days in, and I am planning on moving out and not paying rent(which in turn does break lease) but the reason being is because roommate is violating the lease by subletting to her boyfriend and I do not feel comfortable.... Read more »
since I have not reviewed you actual lease, I cannot provide an answer for your specific situation. Generally, roommates are jointly and severally liable for the full amount of rent to their landlord and a roommate that leaves before the expiration of a lease remains liable to the liable to the...Read more »
Hello I bought a house 15 years ago for $350K. The down payment was $35K and he paid for it with my own money. I put my girlfriend on the house title.I paying the mortgage. We broke up 5 years ago.I take care of this house. I did remodeling.
We were together for almost 20 years but she... Read more »
This is a common situation that can be resolved through negotiations or, if a settlement cannot be reached, through litigation by bringing a partition action and asking for an accounting as part of the case. Technically, the court can order a sale of the property but not a buyout of one party by...Read more »
So now my aunt is 90 years old they shipped her to Italy and they sold her house and my kids never got their share that the Aunt promised them. I have it on video tape that the end gave a testimony to She said that she always had this paperwork in her safe at the bank but my sister-in-law ripped it... Read more »
Directions for how real estate or other assets are to be distributed after someone's death must generally be contained in a properly executed Will to be enforceable. There are a number of formalities that go along with executing a Will and if they are not properly followed the Surrogate's Court...Read more »
If an estate has not already been created, you may file a petition in Surrogate's Court to be appointed Administrator. In that role you could compel a sale of the house and take additional action. There is no requirement that you hire an attorney but most people find it extremely helpful.
I have a tenant who had a month to month lease. The tenant was here less than 6 months and was given a 30 day notice of non-renewal. She is still here passed the lease end date. How do I get her to leave?
If a tenant does not vacate at the end of his or her term, a landlord can commence a holdover proceeding to obtain a judgment of possession and schedule an eviction. The process can take a good amount of time so the sooner you get started the better.
I live in upstate NY and currently trying to break my lease due to unsafe living conditions such as broken windows in common areas (It's 20 degrees right now), harassment by other residents, drafty windows and poor heating (Again, Upstate NY is really cold), and so much more. I emailed my... Read more »
From the description you provided, it appears that the property manager is not adding terms to the lease but allowing you to negotiate for an early termination for the payment of a fixed sum. This type of early termination fee is commonly negotiated regardless of whether it is included in the...Read more »
If the premises is not rent-regulated and you don't have the protection of a current lease, the landlord can request that you move upon 90 day written notice. In the event that you don't vacate by the expiration of the notice period, the landlord would have to next commence a holdover case in...Read more »
You can consult with a personal injury attorney regarding the possibility of commencing a case for any personal injury to determine if you have a claim worth pursuing. As for the conditions in the apartment, you may commence a HP Proceeding in Housing Court against your landlord to obtain an order...Read more »
Determining the most expeditious way to proceed depends, at least in part, on what type of tenancy is involved. Does the tenant have a lease? How long has the tenant lived in the apartment? Is the apartment rent-regulated?
Answers to these and other questions will determine your options...Read more »
I’ve only been here for almost a week. So last night I accidentally locked myself out of my apartment that I’m staying in. My girlfriend aka owner of apartment wasn’t home and the super “wasn’t available ” to help me. I’ve only been here for like almost a week. So I called fire... Read more »
Generally, the expense of damage cause to an apartment (or apartment door) is caused by a tenant or a tenant's guest the tenant is responsible to the landlord for these damages. In that situation, if the landlord's super repairs the damage, the landlord can seek recovery for the cost of the repair...Read more »
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