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Questions Answered by Elaine Shay
1 Answer | Asked in Landlord - Tenant for New York on
Q: I have a rodent problem and many repairs that my landlord wont address and im in fear of evection if I push the issue.
Elaine Shay
Elaine Shay answered on Dec 5, 2019

If the landlord is not address issues with rodents or required repairs, a tenant can commence a HP Proceeding in Housing Court to compel the landlord to act.

1 Answer | Asked in Landlord - Tenant for New York on
Q: What do I do if a tenant stays after their lease has ended and I have a new tenant scheduled to move in?

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?

Elaine Shay
Elaine Shay answered on Dec 2, 2019

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.

1 Answer | Asked in Real Estate Law, Contracts, Criminal Law and Landlord - Tenant for New York on
Q: Does a lease have to include all terms and conditions?

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 »

Elaine Shay
Elaine Shay answered on Nov 22, 2019

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 »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Landlord tenant issue - selling property

I have been living in my apt for 5 years 2 month. 1st year I had a lease then month-to-month (I guess)

Then mid Oct I recieved a call there needs to be a home inspection. OK porential buyers want to keep me. SO far so good

Fast forward, Nov 22, landlord calls me, you must be out... Read more »

Elaine Shay
Elaine Shay answered on Nov 22, 2019

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 »

1 Answer | Asked in Landlord - Tenant for New York on
Q: Due to negligence on my landlords part- my bathroom ceiling collapsed on me.

Other than that- there are other serious issues with the apt such as the building hasn’t had gas for close to a year- wanted to see if i had an actual case of suing

Elaine Shay
Elaine Shay answered on Nov 21, 2019

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 »

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can I get rid of a tenant without stating the reason. How do I start this?

The tenant is doing drugs in the appartment

Elaine Shay
Elaine Shay answered on Nov 13, 2019

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 »

1 Answer | Asked in Landlord - Tenant, Civil Rights and Communications Law for New York on
Q: So last night I accidentall locked myself out can I bill landlord/ super

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 »

Elaine Shay
Elaine Shay answered on Nov 7, 2019

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 »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Hi, I have a question about rent stabilization, vacancy increases and preferential rents in NYC.

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 »

Elaine Shay
Elaine Shay answered on Oct 29, 2019

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

1 Answer | Asked in Foreclosure, Real Estate Law, Landlord - Tenant and Legal Malpractice for New York on
Q: The hoa foreclosed and sold my house for non payment of dues and evicted me. Now they are renting it out. Legal?

I was temporarily not living there while evicting an ex girlfriend. She is the one served on the paperwork i want my house back and the 16000 dollars ive wasted on living and animal boarding

Elaine Shay
Elaine Shay answered on Oct 29, 2019

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 »

1 Answer | Asked in Foreclosure for New York on
Q: Is it bank can open foreclosure case without signed affidavit from (client) bank employee ?

Bank open a foreclosure case with out client(bank) Signed affidavit .

If no affidavid shouldn’t open this case or

Shouldn’t started ? Am I wrong ?

How it’s work ? Thank you

Elaine Shay
Elaine Shay answered on Oct 29, 2019

Like other litigations, foreclosure cases are commenced by service of a summons and complaint not be service of an affidavit.

2 Answers | Asked in Foreclosure and Landlord - Tenant for New York on
Q: I am a tenant, home in process of foreclosur lease agreement still effective from previous landlord what are my rights?
Elaine Shay
Elaine Shay answered on Oct 29, 2019

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 »

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1 Answer | Asked in Real Estate Law for New York on
Q: how does property lein effect a closing
Elaine Shay
Elaine Shay answered on Oct 20, 2019

Generally, the lien has to be removed prior to closing or the title company may be willing to hold a sufficient amount in escrow to satisfy the lien so the closing can proceed.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can a person you evicted. Come to your home to visit your tenant.

Is there a way I can not allow them in my property

Elaine Shay
Elaine Shay answered on Oct 20, 2019

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.

1 Answer | Asked in Foreclosure and Real Estate Law for New York on
Q: NY house is being sold in a forclosure auction. Need to remove my personal property. Do I need permission from the ban

Do I need permission from the bank to remove my personal property before the sale?

Elaine Shay
Elaine Shay answered on Oct 20, 2019

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 »

1 Answer | Asked in Landlord - Tenant for New York on
Q: My landlord is refusing to amend a lease to comply with new laws, what recourse do I have?

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 »

Elaine Shay
Elaine Shay answered on Oct 18, 2019

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 »

1 Answer | Asked in Landlord - Tenant for New York on
Q: : Can a landlord keep a security deposit?

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 »

Elaine Shay
Elaine Shay answered on Oct 18, 2019

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 »

1 Answer | Asked in Real Estate Law for New York on
Q: Do both sides of buying a house have the right of seeing the closing documents before a house closing?

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.

Elaine Shay
Elaine Shay answered on Oct 18, 2019

Mr. 2 needs to stop relying on Mr. 1's lawyer and get his own representation.

1 Answer | Asked in Real Estate Law for New York on
Q: I have a question regarding breaking a lease agreement less than 24 hours after i signed it

The owner said he would refund my months rent and deposit once its rented but hes no longer showing the apartment and not returning my calls

Elaine Shay
Elaine Shay answered on Oct 15, 2019

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 »

1 Answer | Asked in Real Estate Law for New York on
Q: Can fire stairs be legally used for day-to-day going between floors? Landlord says fire code only allows the elevator.

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 »

Elaine Shay
Elaine Shay answered on Oct 8, 2019

Tenancies are contractual relationships that are governed by the terms of their lease. Reviewing your lease is the best place to start in determining your rights.

1 Answer | Asked in Consumer Law, Contracts, Foreclosure and Real Estate Law for New York on
Q: Adverse Possession ? 1/11/2006 foreclosed 6/2006, knew not a thing about it and they sold it 3/2015. Does this meet it

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 »

Elaine Shay
Elaine Shay answered on Oct 8, 2019

I'm sure you are anxious for an answer but a real answer to your situation would best be sought by having an attorney review all the documents and facts related to your situation.

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