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Questions Answered by Elaine Shay
2 Answers | Asked in Real Estate Law for New York on
Q: what are the pros and cons of land lease buildings

i have to move. i saw a coop in my budget but dont want to get into some deal that comes back to bite me in a few years

Elaine Shay
Elaine Shay answered on Oct 23, 2020

Unlike the usualy situation where a coop owns the land that its building is contructed on, a private land lease arrangements mean the coop essentially leases the land that its building sits upon. When that land lease expires, the owner of the land can negotiate and obtain a large increase in the... Read more »

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2 Answers | Asked in Probate for New York on
Q: Can the executor of my aunt's estate come after me for the joint account my aunt put me on years before she passed away?

my brother, one of the beneficiaries of the will, left me a threatening message saying I'm suppose to pay all the expenses from that and that I robbed him!

Elaine Shay
Elaine Shay answered on Oct 16, 2020

Simply having a joint account does not mean that both parties to the account are equal owners of the asset. For example, many older people will add an adult child to a bank account for convenience in having assistance with banking matters instead of to make a gift.

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1 Answer | Asked in Estate Planning and Probate for New York on
Q: Can I file for a Letter of Administration for my mother's estate?

My mother passed away. She was married at the time of her passing. Then her husband passed away. Now I am in the process of filing for the 9/11 fund for my mothers passing. Because she was married at the time of her passing, do I have to find her husband's heir's? I would like to file for... Read more »

Elaine Shay
Elaine Shay answered on Oct 16, 2020

You should still be able to file for Letters of Administration. However, if your mother's husband was living at the time your mother passed, his estate will still be entitled to a share of your mother's estate.

2 Answers | Asked in Landlord - Tenant for New York on
Q: Can my landlord involve relatives in ongoing issue?

As per our oral agreement, rent should be collected on every 1st of the month. Tenants will inform the landlord over the phone that the rent is ready.

However, this month my landlord did not answer his phone on the 1st so I called again on the 2nd he answered and was rude but he was... Read more »

Elaine Shay
Elaine Shay answered on Oct 15, 2020

If the landlord make false statements about you, you may have a cause of action for libel or slander but difficult cases and damages are likely not to be worth the cost of litigating.

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1 Answer | Asked in Landlord - Tenant for New York on
Q: My landlord keeps involving my father in ongoing issues we have in our apartment although he moved out in 2018.

They keep saying "we rent the apartment to him" and will call him up whenever they have an issue. He made it clear he does not live or visit the apartment and they should put another tenant in the apartment responsible for the ongoing issues.

What should I Tell my landlord?

Elaine Shay
Elaine Shay answered on Oct 15, 2020

Is there a lease for the apartment. If so, provide the landlord with contact info for the named together with instructions that the named tenant be contacted in the future. Your father can simply block the calls

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Landlord attempted to enter my apartment forcibly.

Landlord claimed to smell illegal drugs, he attempts to push me out the way to enter the appartment, I informed him that's illegal, if he think I'm doing something illegal, call the cops, he did so, they found nothing because I don't any type of drugs. What made me mad is the fact he... Read more »

Elaine Shay
Elaine Shay answered on Oct 14, 2020

You can file a police complaint. You could also file a civil case against the landlord to prevent future attempts to push past you; however, most would not want to invest the funds necessary to litigate the matter and instead simply take precautions such as setting up video recording equiptment in... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can I sue my landlord in small claims court for a noise nuisance?

My landlord has refused to do anything about an noisy heating pipe that makes extremely loud banging and hammering noises for the last 2 winters. It has severely impacted my ability to sleep and live and now with Covid-19, work. I've sent them multiple requests including a formal letter in the... Read more »

Elaine Shay
Elaine Shay answered on Oct 13, 2020

"Quiet Enjoyment" is a legal term of art that probably doesn't mean what you think it does; however, you may have the right to demand the landlord correct the noise condition and even receive a partial rent abatement until the situation is corrected. If your landlord is not taking... Read more »

2 Answers | Asked in Landlord - Tenant for New York on
Q: Can my landlord keep my security deposit SOLELY because I ended my lease early. (All rent is paid)

In NY. I moved out Sept 15th and paid rent for Oct. They have already rerented the apartment and I haven't been offered any return of Oct rent or the security deposit.

Elaine Shay
Elaine Shay answered on Oct 9, 2020

If you are in New York, yes. If you "end a lease early" that means you are breaking the lease. Unless the landlord agrees to release you from your lease obligations, you remain responsible for the future rent payments for the balance of the lease regardless of whether you live there.

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: I live I'm a apartment complex. My ceiling collapsed in my living room on 8-21-2020 due to neglect over the past 3 years

I live I'm a apartment complex. My ceiling collapsed in my living room on 8-21-2020 due to neglect over the past 3 years. The ceiling has leaked each year since 2017 and all the maintenance did was plaster over the crack and then finally sealed the outside roof Oct 2019. The material that fell... Read more »

Elaine Shay
Elaine Shay answered on Oct 8, 2020

If you are hoping to recover damages for beind displaced from your home or potentially filing a personal injury case, you should consult with a local attorney.

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3 Answers | Asked in Probate for New York on
Q: how long can a attorney, hold a probate/ will without notifying any of the benificeraries or any amounts or findings?

its been 6 years already and he obviously had no intention of notifying the beneficiarys that everything was completed nor did the executor, something is very fishy, I contacted the attorney and asked for all papers he said I will try to get things together, Said its been 6 years he said I really... Read more »

Elaine Shay
Elaine Shay answered on Oct 7, 2020

Generally, the Executor and not the lawyer is responsible for administering the Estate. Real question is why hasn't the Executor taken action.

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1 Answer | Asked in Real Estate Law for New York on
Q: My therapist is writing a letter for an ESA. I'm in a no pet co-op. Do i speak to board president or management company?
Elaine Shay
Elaine Shay answered on Oct 6, 2020

Initially, you would usually approach the property manager.

1 Answer | Asked in Real Estate Law for New York on
Q: Our lease has expired and it says it is now month to month. We agreed via text to stay 1 year but want to leave. Can we?

We did not sign a new lease. It says specifically in our lease that once it expires we would be on a month to month contract. We agreed to stay for one year via text but now want to leave with 30 days written notice. Is the text a legal document even if the lease says it’s month to month?

Elaine Shay
Elaine Shay answered on Oct 5, 2020

It's possible that you entered into a binding contract through your text messages. However, it is also possible the landlord won't pursue you for breaching that contract if you provide adequate notice and especially if you find another tenant that is ready willing and able to take over... Read more »

1 Answer | Asked in Landlord - Tenant and Real Estate Law for New York on
Q: Interest account for a deposit. Are the tenants supposed to get the option of what happens to the interest each year

Trailer park with over 100 units

Elaine Shay
Elaine Shay answered on Oct 5, 2020

Landlords are generally entitled to keep up to 1% of any earned interest on security deposits to cover administrative costs. Honestly with interest rates as low as they are, that doesn't leave much opportunity for any meaningful amounts to be earned from interest.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can I negotiate with landlord to stay at my apartment after receiving a termination of lease?

Hello. I received a termination of lease by landlord in July 2020. My lease if up Nov 2020. I have been looking for an apartment for months now and I cannot find. They want three times my salary. I recently got layed off because of covid 19 pandemic but have some savings. I am not sure what to do.... Read more »

Elaine Shay
Elaine Shay answered on Oct 5, 2020

There is always room for negotiations. In any event, if you don't reach an agreement before your lease terminates, the landlord can't just lock you out but will have to commence a court case. If the landlord won't give you time, the court may.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Where do I go when a landlord is not returning security deposit. It is now 60 days since vacating apartment.

Gave 90 days written notice. Met all lease obligations

Elaine Shay
Elaine Shay answered on Sep 29, 2020

If in NYC, when the Small Claims Court opens, you can commence a case there.

2 Answers | Asked in Probate for New York on
Q: What do I do to see that I or my daughter get the beneficiary rights my husband was due?

I’m in desperate need of help. Some key facts are as follows:

• Husband’s Brother Dies in Hospital in December 2015

• Husband becomes Executor of his Estate

• All Siblings and Parents are Named Beneficiary of Estate

• Wrongful Death Suit is Filed (in CT)... Read more »

Elaine Shay
Elaine Shay answered on Sep 29, 2020

You may be required to create an estate for your late husband by filing for probate or administration in Surrogate's Court.

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2 Answers | Asked in Landlord - Tenant for New York on
Q: I moved in with my girlfriend and her mother who are both on the lease . Her mother is trying to kick me out ?

I have lived here for over 7 years and receive mail and public assistance in the same address

Elaine Shay
Elaine Shay answered on Sep 29, 2020

Even if you aren't on the lease, your girl friend and her mother have to take you to court in order to evict you. If your girl friend does not agree with her mother but is also on the lease, generally you can't be evicted.

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1 Answer | Asked in Real Estate Law for New York on
Q: can my landlord evict me if my lease is up Nov 1 and I stay even after I tell them I'm not resigning?

I live in NYC, my lease is up Nov 1. my roommate left due to COVID and I can't afford it on my own. I have to tell them by tomorrow if I'm resigning or not. Cuomo just extended the no eviction law until Jan 1. do I fall under that category? I have paid in full all through covid and have... Read more »

Elaine Shay
Elaine Shay answered on Sep 28, 2020

It is likely that it would take the landlord until after January 1st to evict you. However, that will not absolve you of liability for the rent and possibly legal fees.

1 Answer | Asked in Real Estate Law for New York on
Q: what are the pros & cons of doing a joint tenancy vs common tenancy house deed (adding four kids to parents deed evenly

Four kids will inherit house after parents last away evenly (25% each ) we are updating the deed and was asked whether it’d be joint v common tenancy

Elaine Shay
Elaine Shay answered on Sep 25, 2020

Your question raises a number of important issues. If the parents add the children to the deed with them as owners, each of the children would acquire a present interest in the property. Assuming two parents and four children on the deed, each would be presumed to own 1/6 of the property unless... Read more »

2 Answers | Asked in Landlord - Tenant for New York on
Q: Wanted to terminate my lease earlier because of financial hardship due to COVID -19!

Due to the pandemic, I experience financial hardship. I tried to negotiate the rent but the landlord won't assist on that matter except using their hardship program which we did use the deposit to pay the month of September rent. I was looking at different alternatives and also to terminate my... Read more »

Elaine Shay
Elaine Shay answered on Sep 23, 2020

When you sign a lease you are entering into a contract. The landlord is promising to rent you space for a specific use and a specific period of time. Likewise, the tenant is promising to rent a particular space for a specific use for a specified period of time. Unless there is a clause in the... Read more »

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