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Questions Answered by Elaine Shay
1 Answer | Asked in Landlord - Tenant for New York on
Q: Does a landlord in NY State have to serve notice to quit/cure prior to filing petition Holdover Recover Real Property?

Serving a 30 day notice together with rent demand isn't sufficient service to then proceed with a Holdover petition to Recovery Real Property? No notice to Cure or Quit ?

Elaine Shay
Elaine Shay answered on Jan 27, 2022

A rent demand is served in connection with starting a nonpayment case not a holdover proceeding. Since landlord's that are self represented are held to the same standards as those who retain counsel, avoid being penny wise and pound foolish and hire a local attorney to assist you with your... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: my house was sold at tax auction , the buyers are threatening me with a lockout eviction . what are my rights?
Elaine Shay
Elaine Shay answered on Jan 25, 2022

If your house was sold at auction, you may still have time to redeem your interest in the property. With respect to occupancy of the property, the purchaser will have to obtain an order permitting you to be evicting and should not resort to self-help.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Do I have to pay my landlord a fee for breaking my lease if other tenants in the home have made it uninhabitable?

Tenants who live in the same home have locked me out of the apartment, made verbal threats, and continually harass me. The home is no longer accessible for me and is threatening my safety.

Elaine Shay
Elaine Shay answered on Jan 24, 2022

If you have a written lease with your landlord, you remain responsible for your obligations, including rental payments, until the lease expires or is terminated with consent of both landlord and tenant. If you have roommates that you are on the lease with or whom you invited to reside with you,... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for New York on
Q: Im a partial owner (with a parent) of a property and would like to become a sole owner. Is it taxfree
Elaine Shay
Elaine Shay answered on Jan 20, 2022

If your parent intends to make a gift of his or her interest in the property, depending on the value of the gift it may be subject to gift tax. However, New York does not impose a transfer tax on gifts of real property that are made without the payment of consideration.

2 Answers | Asked in Contracts and Real Estate Law for New York on
Q: Loan Agreement Review

Good evening. I am lending capital to a real estate investor in my area and in turn I will be receiving 10% interest for a total of one year. I will receiving two documents, a promissory note and the loan agreement, and I would like a lawyer to review to make sure my interests are protected and... Read more »

Elaine Shay
Elaine Shay answered on Jan 20, 2022

Seeking an attorney to review the paperwork associated with your proposed loan is the right step. Feel free to contact my office for assistance.

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Can my landlord rise the rent as he wishes because it's "fair marker value" ? I've been here for a year already.

I moved in to my apt. in January of 2021. My lease says $2211 with a concession. My final rental price has changed so many times due to the lack of organization and professionalism from the management company. The original agreement with the manager at the time was never recognized by upper... Read more »

Elaine Shay
Elaine Shay answered on Jan 20, 2022

Basically, unless you are in a rent regulated apartment a landlord has the authority to determine the rent and/or any rent increases. The HSTPA of 2019 requires that all landlords provide written notice of rent increases of 5% or more for existing tenants but does not place a cap the allowable... Read more »

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1 Answer | Asked in Real Estate Law for New York on
Q: How can I find law help on a no will, small estate and sibling trying to be the administrator?
Elaine Shay
Elaine Shay answered on Jan 20, 2022

What type of help are you looking for? There are many attorneys in NY that would be happy to consult with and/or be retained to assist with Estate matters. In addition, there is information posted on the Surrogate's Court website as well as a Help Center at the Courthouse that provides basic... Read more »

2 Answers | Asked in Probate for New York on
Q: Can a sole executor of a will (also a beneficiary) sell real property without the other beneficiaries approval ?

Both parties have equal share of real property stated in will.

Elaine Shay
Elaine Shay answered on Jan 20, 2022

The court appointed executor is tasked with the duty to administer the estate, which generally includes selling off assets such as real property in order to make distributions to the named beneficiaries. Provided the executor is fulfilling his/her fiduciary duties, there is no requirement for the... Read more »

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1 Answer | Asked in Landlord - Tenant for New York on
Q: is there a way to evict a family living in your basement without a lease and it is illegal to have tenants living there

we have a family that we told countless times to leave because we need the basement and they told us that theyre going to leave in a couple of months and they never leave and they are loud and dont respect rules of the house

Elaine Shay
Elaine Shay answered on Jan 19, 2022

A large percentage of basement apartments are not legally permitted. In order to determine if the basement apartment in your building is permitted, you can start by obtaining a copy of the Certificate of Occupancy.

Regardless of whether the basement apartment is legal, a property owner has...
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2 Answers | Asked in Estate Planning and Real Estate Law for New York on
Q: I inherited a corporation that has invested large amounts of money in a property which is now for sale by the estate.

as 100% owner of the corporation now can i file an unjust enrichment claim to recoup some of the investment on behalf of the corporation? I tried to purchase this property however i am the executor and my family will not approve of the sale even though I offered over fair market value for it. I... Read more »

Elaine Shay
Elaine Shay answered on Jan 18, 2022

You have presented a complicated situation that is not suited to being addressed in this forum. Your questions and concerns would be better addressed by retaining competent legal representation.

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3 Answers | Asked in Estate Planning, Real Estate Law and Probate for New York on
Q: Hello from New York. My dad recently died, my mom died a year earlier, the house is still in my dad's and mom's name.

I live in the house. Dad and Mom wanted only me to have house, not my brother, because I took care of them for over 10 years. There are no papers signed though for me to have it. My brother said you have to have his name on it also because they left no papers for me to have it.

Is this... Read more »

Elaine Shay
Elaine Shay answered on Jan 10, 2022

When a person dies without leaving a Last Will and Testament, it's said that they died intestate. When a person dies intestate, that person's property is distributed according to the law. In New York, that law is found in EPTL 4-1.1.

Who gets what depends on who the living...
Read more »

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1 Answer | Asked in Real Estate Law for New York on
Q: Supre Court ruling sign by the judge, ordering, adjudging and decreeing my claims , asking for defendant’s cooperatio?

The Judge decreed all my issues. Why do I have to get cooperation from the defendant?

Elaine Shay
Elaine Shay answered on Jan 10, 2022

There are many lawyers that participate on this website willing to provide educational information directed to your question. However, you will need to phrase your question better to get any meaningful assistance.

3 Answers | Asked in Landlord - Tenant for New York on
Q: I live in NY. A friend of mine has asked that I sign a lease agreement with her as a co-signer. Can I create a separate

contract between my friend and me, essentially saying that if she fails to pay her portion of rent and I am on the hook for the entire rent to the landlord, then my friend promises to indemnify me? Are these types of side contracts legal?

Elaine Shay
Elaine Shay answered on Jan 7, 2022

Being a tenant does not prevent you from entering into legal contracts with your roommate.

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2 Answers | Asked in Real Estate Law, Energy, Oil and Gas and Landlord - Tenant for New York on
Q: I own a Condo (which is on the 3rd floor) and the gas was shut off because of a gas leak

but the gas leak is not in my apartment or in the walls

it might be in the rizer from the ground floor to my apartment but my plumber could not find it

Question

who is responsible to fix that is it the condo owner

or the condo management board

Elaine Shay
Elaine Shay answered on Jan 5, 2022

When a repair of a common element is required, the Board is generally responsible for the undertaking the repair and the associated cost. You condo's formation documents should specify what elements are common elements.

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1 Answer | Asked in Landlord - Tenant for New York on
Q: I currently live in a building apartment in Queens and I rent an extra room to someone, I need to leave the city soon

i need to leave my apartment and the tenant i rent the room doesn't want to leave. Can i leave that person there and break my lease?. I use my itin number to rent the apartment and I lived there with my senior mom, now we need to leave but the tenant doesn't want to leave.

Elaine Shay
Elaine Shay answered on Jan 4, 2022

In order to surrender the apartment to the landlord, you must leave the apartment vacant and free of other occupants. If you fail to do so, the landlord can seek to hold you liable for rent and or legal fees that continue to accrue.

Since you are in the role of "landlord" to...
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1 Answer | Asked in Real Estate Law for New York on
Q: Good morning, I live in an apt in a brownstone in NYC And own my apt. The management made a mistake and never increased

My maintenance and assessment fees for a year and that they are not asking me to pay them back. Do I have any recourse?

Thank you for your time

Elaine Shay
Elaine Shay answered on Jan 3, 2022

If you own a coop, whether in a brownstone or larger building, you are responsible for the full maintenance charges to the Coop regardless of a billing error by the property manager.

2 Answers | Asked in Estate Planning, Real Estate Law and Landlord - Tenant for New York on
Q: Is a contract legal binding if both party's sighned it has been notarized?
Elaine Shay
Elaine Shay answered on Dec 27, 2021

Many contracts don't even need to be reduced to writing to be enforceable. For example, when you fill up at a gas station try to leave without paying even though you don't have a signed contract to pay for the gas.

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1 Answer | Asked in Real Estate Law for New York on
Q: Grandmother was manipulated into signing a deed transfer that she did not intend to. She wants to fix her mistake.How ?

Her son who has lived out of state for over 40 years had her sent to an attorney who coerced her to sign a deed transfer. Her son was not present. She was not aware that the attorney she was sent to had her sign a quitclaim. How can she have the transfer put aside.?

Elaine Shay
Elaine Shay answered on Dec 13, 2021

There is no simple form or other step to take. Litigation is required to correct this situation unless the party the property was transferred to agrees to transfer the property back to your grandmother. Be sure to retain an attorney with experience in real estate litigation not just transactional... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: Hi, I received a buyout offer from my landlord, do I'm obligated to answer the letter?

I live in a rent stabilized apartment for 14 years and I'm not interested in the offer.

Elaine Shay
Elaine Shay answered on Dec 13, 2021

If you advise the owner in writing that you do not want to be contacted about any buyout offer, the owner cannot contact you about it for 180 days unless you advise the owner in writing at some earlier time that you are interested in discussing a buyout, or unless the Court permits the owner to... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: Tenant did not pay rent is not following lease causing me hardship, how do I evict
Elaine Shay
Elaine Shay answered on Dec 9, 2021

In order to legally evict a tenant, you must start either a non-payment or holdover case. While corporate owners are required to have an attorney start these types of cases, Individual owners are not require to retain an attorney but it is a very good idea to retain an attorney to assist you as... Read more »

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