The recently enacted Tenant Protection Act of 2019 is good news for you. The Tenant protection Act makes clear that residential landlords have a duty to mitigate damages by attempting to re-lease an apartment when a tenant has broken a lease. Therefore, your "landlord" may be hurting him/herself...Read more »
My company rents six floors of a commercial building. So we often go between floors, and currently can only do so by elevators -- which is annoying, time-consuming and a disincentive to healthy stair-climbing.
Could we get access to the fire stairs, to use them for going between floors?... Read more »
Said they served my daughter 1/11/06, Forecosed on 6/2006. Knew nothing until 3//2015. 3/2015 Friend told me my home was being sold. 1/2005 home next door was 100% destoyed by water damage. The bank knew for a fact where I was living.
My daughter stated in court papers she was never... Read more »
Most rentals of basement/cellar apartments are violations of relevant housing codes. The landlord may be subject to fines for the improper use and the tenant may have a defense to the landlord's efforts to recover rents. It may be possible to negotiate a settlement that results in a payment to...Read more »
If you are the landlord and employ the super, you may consider terminating the super's employment. If you are already a tenant, you can refuse to pay an unauthorized charge or bring the issue to the landlord's attention.
If a shareholder is negligent in doing self renovations that is causing water/mold damage to shareholder below does management company and/or board have a responsibility to force the shareholder to make repairs? Can management tell affected shareholder "it is your problem to deal with the... Read more »
Generally, as the tenant pursuant to a proprietary lease, a coop owner is afforded rights under the warranty of habitability. Therefore, with the proper approach the Coop Board should not be able to brush off your problems.
Up until now we had a great relationship. Very friendly and quite respectful. I pushed to get more explanation regarding the discrepancies we had with the damage caused and the responsibility. He responded with legal threats. Saying he would file a police report for harassment.
Pursuant to the Tenant Protection Act of 2019, unless the landlord provides you with a written statement including an itemization of any amount that would be withheld the landlord is required to return your security deposit within 14 days of your surrender of possession If the landlord fails to...Read more »
If my dad left the house to me and my mom in his will but my getting the house was contingent on her death. her name was put on the deed of the house after his death. do I still get the house after her death? The will isn’t probated.
Two deals by out of town purchasers who submitted purchase offers on a home my husband and I own. After securing a loan and passing inspection the first buyer reneged on completing the deal. He is located in Connecticut .Is it possible to put a lien on his home in CT.? Second buyer(as I have been... Read more »
Generally, when a real estate contract is executed, the purchaser makes payment of a 10% downpayment that is held in escrow. If it is determined that the Purchaser defaulted on the contract, the Seller has rights to retain the downpayment as liquidated damages.
My aunt has recently taken over my grandmother's finances. She has had many issues with my father and is not a nice person. She sent my family and I a letter stating once my grandmother passes, she will have control of the house and we will have 60 days to get out. We have been paying rent for 15... Read more »
Unless you are a rent-regulated tenant or have the protection of an unexpired lease, the owner of a property (or the owner's representative) has the ability to commence a holdover proceeding to recover possession of the rental unit after giving the tenant Notice of Termination. In the case of a...Read more »
Hi, I am renting a room from a tenant in NYC, she has served me a 30 days early termination of sublease paper. I may not be able to find another place to live by September 1st, and am planning on staying if that is the case. Can she legally do this? What will be the next steps for her if I don’t... Read more »
The terms of your sublease and the type of and manner in which you were served are all relevant to determining in your roommate is acting properly. Regardless, if you do not comply with the demand to vacate, the tenant's next step would be to serve you with court papers to seek your eviction.
Was forced to leave the residence she has paid the mortgage ever since. I have put close to 100,000 into the home, including the down payment. My question is can she sue me and take sole possession of the home?
When co-owners cannot resolve a dispute regarding the proper division of their interests in real property, either party can commence a partition case in court and seek an accounting. If the parties cannot negotiate a buyout agreement, ultimately the court can order the sale of the property and...Read more »
Probably not. The Tenant Protection Act of 2019 ("TPA") which was recently adopted by New York creates additional protections for tenants and imposes expanded responsibilities on owners seeking to recover possession of rental units. Since the change to the law is so recent, even the NYC Housing...Read more »
Generally, the contract of sale between the parties determines this issue and establishes the means of objecting to delay and demanding the return of the downpayment. Therefore, the best place to start in obtaining answers to your questions should be with the attorney you retained to represent you...Read more »
My landlord/owner of the house I'm renting the basement opened my locked door while I was changing, walked right in. I did not pay rent for July ($200, verbal agreement to pay by the last day of each month) and was given a notice to pay within 2 weeks or vacate the premises. However, they made it... Read more »
From the description of your living arrangements, I suspect that the unit is not "legal". As a result you may have defenses to claims for unpaid rent. However, unless you have a lease or are rent-regulated, provided the proper court process is commenced, the landlord will ultimately be entitled...Read more »
Anyone receiving a deed would be taking a tremendous risk by failing to record the deed. If the last owner of record executed a subsequent deed to another party without notice of your deed, their interest in the property would be superior to that of the holder of the unrecorded deed.
We live in a rent stabilized NYC apt. Our bathroom sink had cracks that finally caved in leaving a hole.
After 6 years with a dedicated super, the landlord decides they'll only have a part-time Porter for cleaning & a tech/repair person only on a contract basis. So management orders the new... Read more »
If you have conditions in your apartment that you believe would constitute a violation, you can start an HP Proceeding in Housing Court. An inspector will be sent to your apartment and issue a report of any violations that are determined to exist and the landlord will be required to fix the...Read more »
Is this legal...been there 5 years and I have to find the tenant even though their turnaround is high. Manager said they started subletting program 2yrs ago because too many people were buying houses our lease is a one year lease with no mention of subletting. I am now paying rent and a mortgage... Read more »
If your lease has not yet expired and you are attempting to get out of your contractual obligation to pay rent for the remaining unexpired term, the landlord has a right to negotiate for the terms that they are willing to consider. If an agreement can't be reached, a tenant generally remains...Read more »
The tenant has flooded his room, and we can not prove it yet, but we want him gone immediately. How do I do this? I gave him a termination of lease but in the state of new york says have to give them 30 day notice from his next rent due date, so that makes him eligible to stay too long. Can we make... Read more »
Curious how you are renting a "room" unless you have an SRO. In any event, you may simply want to consider negotiating a settlement as litigating the matter will take longer than you seem prepared to deal with.
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