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 »
I recently requested my rent history. It tells an interesting story.
No one in my (formerly regulated) unit has paid the “legal rent” since 1993. All tenants have since paid a preferential rent, never more than $1,450. However, despite this, every time a tenant moved out (7 times in the... Read more »
The situation you described involving the preferential rent isn't surprising. The 18%-20% increase is generally associated with vacancy increases. If you want to challenge the deregulation, you can always take a shot with the DHCR
It is legally possible to foreclose against a property owner for nonpayment of common charges. This process could have legally proceeded even if you were not personally served with the papers commencing the case; however, the affidavits of service and other documents would need to be carefully...Read more »
Foreclosure procedures can take a good amount of time. Until the court appoints a receiver or the Plaintiff actually receives a Judgment of Foreclosure and Sale, you are still obligated under the terms of your existing lease with the owner. After a foreclosure auction, the new owner effectively...Read more »
Generally, tenants are free to invite anyone they like to their apartment regardless of your feelings about it. However, if you had an Order of Protection preventing the visitor from coming to the building that would be different.
Are you the owner or a tenant? If you are the tenant, the lender would have no interest in your personal property. However, if you start taking appliances, the lender may not believe you own them. Likewise, if you are the owner, the lender would not be interested in your personal property but...Read more »
I signed a lease in July of 2019, but did not receive a countersigned lease until August 15th 2019. In June 2019, new laws went into effect that neither we (Tenants) or our landlord (LL) were aware of at the time. One of the laws states that the LL cannot charge more than 1-months security deposit... Read more »
The law would be controlling in the situation you described. If you can't persuade the landlord to return the extra security deposit to you, you could take the landlord to Small Claims Court. In the alternative, you could withhold the amount in question from your rent but the landlord might start...Read more »
I gave his Assistance $500.00 security deposit on August 23,2019,
Called & texted his assistance on the 31st of August to ask for the security deposit back, but in the text messages it tells me if the text has been read, I then texted her again letting her know that I know she has read my... Read more »
It isn't clear from your description why the landlord would give you back the security deposit you paid. If you just moved in a security deposit would not usually be refunded to you until after you had vacated. If you signed a lease and paid the security deposit then but changed your mind and...Read more »
Mr 1 and Mr 2 went to court over a house Mr 1 won 75% Mr 2 25% so Mr 2 needs to sell his part to Mr 1. Which will be like a house closing. With tittle and everything. But Mr 1 lawyers refuse to show the closing documents for Mr 2 lawyer before the closing.
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 »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.