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Questions Answered by Elaine Shay
1 Answer | Asked in Landlord - Tenant for New York on
Q: I have a tenant who does not respect rules. They turn off my boiler while I have tenants upstairs. Can they be removed?

Ive told them multiple times to stop turning off the boiler, they only have access to it because theres a bedroom on the other side of the boiler room they are renting. I noticed also 2 more additional people are living there.. because he added a mailbox with EIGHT names attached. Already violating... Read more »

Elaine Shay
Elaine Shay answered on Apr 12, 2021

Depending upon the status of the apartment and terms of any lease, you may be able to remove your tenant. However, expect delays as a result of Covid.

2 Answers | Asked in Real Estate Law for New York on
Q: How long does a judgement against investment property last after the debt is no longer reported to credit agencies?

I have a judgement against property from 2008. The debt has stopped being claimed on my credit. I want to sell the property but can't if there's a lein on it. What can I do about it, I don't understand the public record documents well enough to find my own answer.

Elaine Shay
Elaine Shay answered on Apr 12, 2021

Judgments can be extended so that they remain a lien for as long as 20 years.

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2 Answers | Asked in Real Estate Law for New York on
Q: No the house is not in foreclosure what can the notice of pendency turn it into a foreclosure
Elaine Shay
Elaine Shay answered on Mar 30, 2021

A Notice of Pendency of lis pendens does not have to be associated with a foreclosure. However, an action related to title must be commenced within 30 days.

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1 Answer | Asked in Landlord - Tenant for New York on
Q: Am I violating my lease? Can I be evicted?

My boyfriend spends 4 or 5 nights out the week with me and then goes to his house for 3 or 4 nights. He does not live here, this isn’t his primary residence. Therefore, he’s not on my lease. In addition, my lease has no guest clause. There’s no specifications on how many nights a guest can... Read more »

Elaine Shay
Elaine Shay answered on Mar 30, 2021

If you are the only tenant on a lease in NYC, the law allows you to have one roommate even without your landlord's permission. This is commonly referred to as the roommate law. Therefore, even if your boyfriend lived with you it should not be a problem provided just you and he live in the... Read more »

2 Answers | Asked in Landlord - Tenant for New York on
Q: Can my landlord require that I pay next mont rent and keep my security deposit. My lease is up 3/31/21 .

My lease is up and I have not renewed it. Just need I month to move into new place

Elaine Shay
Elaine Shay answered on Mar 17, 2021

If you remain in the apartment after the expiration of your lease, you are required to pay for the use of the premises.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: If 2 applicants apply for a rental apartment one section 8 and 1 is a working applicant.

If 2 applicants apply for a rental apartment one section 8 and 1 is a working applicant. Is it violation to Fair Housing if landlord accepted to working applicant over the section 8?

Elaine Shay
Elaine Shay answered on Mar 17, 2021

Housing discrimination based upon source of income is prohibited in most instances in NYC. You may find information on this issue at: https://ag.ny.gov/source-income-discrimination

1 Answer | Asked in Real Estate Law and Intellectual Property for New York on
Q: Should I answer a notice of pendency

The prospective buyer lawyer put a notice of pendency on my property based on the fact that the survey company was not allowed onto the property but then I complied and allow the survey on my property an extended extensions of closing dates and they still have not closed

Elaine Shay
Elaine Shay answered on Mar 17, 2021

Your question is best directed to the attorney handling your closing. If your closing attorney doesn't handle litigation, you should consider retaining real estate litigation counsel to assist.

As for a lis pendens you should be aware of the following legal requirement:

2010...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: This new landlord do not give security deposit bank statement.. living in my apartment for 20 years..I am 75 years old.

How long can the landlord hold the security deposit..

Elaine Shay
Elaine Shay answered on Mar 12, 2021

A landlord is not required to return a security deposit until after the tenant has vacated the vacant apartment. The landlord then has two weeks to inspect the apartment and notify the tenant of any deductions for damage before returning the balance.

1 Answer | Asked in Landlord - Tenant for New York on
Q: I was living with my boyfriend in his house. He passed away in the end of September of 2020. His father has asked me to

Leave but I have no where to go and have been looking for a place but my finances are very bad and COVID isn’t helping me either as far as finding a place. He just left me a text saying he would be changing the locks in March 15 of 2021 and will restrict my entff egg y to the house. What can I... Read more »

Elaine Shay
Elaine Shay answered on Mar 8, 2021

Condolences on your loss. As you may know there have been numerous moratoriums on evictions as a result of Covid pandemic. However, even without the impacts of Covid, to legally evict a tenant or licensee, a judgment of eviction must first be obtained. If you are concerned you may be illegally... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: do I owe back rent to my landlord if the lease expired and i couldn't move because of the pandemic?

i did agree to give him what i can because my expenses increased when my daughter had to stay home for virtual school and needed child care.

Elaine Shay
Elaine Shay answered on Mar 8, 2021

Yes. If you held over after the expiration of your lease, the landlord is entitled to payment.

1 Answer | Asked in International Law and Landlord - Tenant for New York on
Q: Is a rental agreement and utility bill enough to be granted entry into canada from the US?

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Elaine Shay
Elaine Shay answered on Mar 4, 2021

Entry into Canada requires that all persons carry both proof of citizenship and proof of identity. A valid U.S. passport, passport card, or NEXUS card satisfies these requirements for U.S. citizens. However, US citizens can no longer cross the border, back into the US, from Canada, using only a... Read more »

1 Answer | Asked in Real Estate Law for New York on
Q: How to remove former owner from property sold by investor to me. Investor purchased from the bank foreclosure. Ejectment

Do you need to start 713(5)notice or 90 days eviction notice or ejectment

Elaine Shay
Elaine Shay answered on Mar 1, 2021

Generally, after purchasing in foreclosure you may remove a former owner through a Housing Court proceeding. It may be tempting to consider serving your own predicate notices. However, even a small error in such notice can result in dismissal of your entire case after months of litigation. In... Read more »

1 Answer | Asked in Real Estate Law for New York on
Q: Is a houseshare agreement the same as a lease in New York state?

I had a houseshare agreement, not a standard lease. However, the new law from 2019 states that security deposit must be returned within 14 days. It is now well past 14 days, but my original lease from February 2019 states she has 30 days to return my security deposit. Since we signed a new lease... Read more »

Elaine Shay
Elaine Shay answered on Feb 28, 2021

You shouldn't count on any time periods for notice being enforced during the Covid crisis.

1 Answer | Asked in Landlord - Tenant for New York on
Q: I have a situation with a tenant that is subletting and they do not want to return my security deposit

We did not have any written agreement about security deposit, instead everything was verbal

Elaine Shay
Elaine Shay answered on Feb 24, 2021

It isn't unusual for residential rental agreements of various types to be verbal instead of written; therefore, no need to be overly alarmed that any agreement is not in writing. Unfortunately, it is difficult to understand from your post who "they" may be but I assume you are... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for New York on
Q: My father owns an apartment in PR. His girlfriend lives there 5 days a week and my father got her a membership.

If my father passed away and the apartment is in a trust under my name and my sister could the girlfriend claim squatters rights or say we can’t kick her out?

Elaine Shay
Elaine Shay answered on Feb 23, 2021

Since the laws for property rights vary from State to State (or Territory), a New York attorney cannot answer that question for you. Consider posting your question in the board for that area.

1 Answer | Asked in Real Estate Law for New York on
Q: I had a promissory note signed and notarized. He borrowed money to buy a house. Can I put a mechanics lien on the house
Elaine Shay
Elaine Shay answered on Feb 18, 2021

Generally, in New Yorkdirect contractors, subcontractors, material suppliers, equipment lessors, laborers, design professionals, and landscape gardeners who performs labor or furnishes materials for the improvement of real property may place mechanic's lien on property due to nonpayment. When... Read more »

2 Answers | Asked in Animal / Dog Law and Landlord - Tenant for New York on
Q: Does my landlord have the right to give me 60 day notice due to esa dog visiting me with the owner?
Elaine Shay
Elaine Shay answered on Feb 18, 2021

If you are not in a rent regulated apartment or have the protection of a lease, the landlord does not need a reason for seeking to recover an apartment.

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1 Answer | Asked in Real Estate Law for New York on
Q: My boyfriend who is not on the lease but comes over, sleeps over I gave him keys and he got into an argument with anoth

another tenant because she was startled and didn't know who he was, she is claiming now she feels unsafe to open her door, landlord doesn't know i have a boyfriend, can I get in trouble

Elaine Shay
Elaine Shay answered on Feb 18, 2021

It's unfortunate that your neighbor had an argument with your boyfriend but hopefully you can smooth that over. It sounds as if you are nervous about the landlord finding out you have a boyfriend stay over but that is not something you would usually need to be concerned about as the landlord... Read more »

1 Answer | Asked in Real Estate Law for New York on
Q: what happens- if 1/4 family on NYC deed cannot be @ sale/closing- if cannot sign in future & don't want share of equity?
Elaine Shay
Elaine Shay answered on Feb 14, 2021

If one of the owners of a property cannot appear at the closing, the nonappearing owner can give his/her Power of Attorney to someone who will be attending the closing. The person appointed by the Power of Attorney would than be able to sign on behalf of the nonappearing owner.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Is it lawful for a landlord to not refund my deposit because the other tenants renew the lease?

My former landlord refused to pay my deposit because the tenants with whom I jointly signed the October 2019 - September 2020 lease contract decided to renew the lease. And even if I vacated the apartment at the end of the lease and return the keys, he will not refund my deposit.

I'm... Read more »

Elaine Shay
Elaine Shay answered on Feb 12, 2021

If the landlord has entered into a lease with the remaining tenant, the prior security deposit should be returned with the remaining tenant paying the additional security that will be due. You may consider bringing your landlord to Small Claims Court to obtain a refund.

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