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Questions Answered by Elaine Shay
1 Answer | Asked in Real Estate Law for New York on
Q: I want to sue my neighbors, the seller's broker, and the seller

I bought a house in 2022, a few days before the closing, my attorney told me that the neighbor's fence encroached about 2 feet inside of my property. I told the seller that they have to fix it, otherwise, I am not going to close the house. on the closing day, I asked the seller to fix the... View More

Elaine Shay
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Elaine Shay
answered on Nov 14, 2023

It's very unfortunate that you are having these issues with the property you so recently purchased. You are describing a complex issue that will require the examination of the documents executed at closing as well as other records to properly guide you. Therefore, it is not the type of... View More

4 Answers | Asked in Real Estate Law for New York on
Q: Can I be sued personally for a property I purchased under an llc?

I purchased a property under an llc. Unbeknownst to me the deed was fraudulent. I signed the deed back to the real owner. I did some repairs until I found out the deed was fraudulent. The real owner is now suing my llc and me personally for treble damages done to the property. Can they go after me... View More

Elaine Shay
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Elaine Shay
answered on Oct 19, 2023

There are circumstances in which the owner of an LLC could have personal liability... particularly if it is alleged there was fraud. If you have been sued, you should immediately retain legal counsel as there are time limits to responding to litigation or a default judgment may be taken against... View More

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3 Answers | Asked in Landlord - Tenant for New York on
Q: Question: Can a landlord raise rents (for unregulated unit) for Major Capital Improvement Costs and pass onto Tenant

This is for an Apartment in a 3-family property so all Apartments are unregulated. Tenants moved in recently, there is no signed lease (with BOTH parties having signed). Tenants signed, but the Landlord has not signed. So Tenants claim there is an oral lease in place. However, I believe there... View More

Elaine Shay
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Elaine Shay
answered on Oct 17, 2023

Rent increases for Major Capital Improvements ("MCIs") relate only to rent regulated properties. In unregulated properties, landlords are not required to justify the reason for a rent increase. If a tenant has a lease for a specific term, the rent cannot generally be increased until... View More

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1 Answer | Asked in Landlord - Tenant for New York on
Q: As a landlord how much notice do I have to provide tenants to leave property if I’m in the process of selling?
Elaine Shay
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Elaine Shay
answered on Sep 6, 2023

Generally, landlord's are not required to provide any advance notice to tenants that a property is being sold. Instead the purchaser simply steps into the shoes of the seller in relationship to the tenants after the closing. If the owner is seeking to have non-rent regulated tenants move in... View More

4 Answers | Asked in Real Estate Law, Estate Planning and Probate for New York on
Q: Real Estate issue

Hi I’m reaching out for advice because I don’t know what to do. I’m currently living in a brownstone with my daughter in NYC where I was born, raised, and lived the majority of my life. It is my grandmothers brownstone who also grew up here. My grandmother, who I love with all my heart,... View More

Elaine Shay
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Elaine Shay
answered on May 30, 2023

If your aunts inherited the property, they would generally have the right to sell the property. However, the sale of the property does not result in your immediate eviction. Instead, as a tenant or an occupant in possession of the property for more than 30 days, the owners of the property would... View More

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1 Answer | Asked in Landlord - Tenant for New York on
Q: Does a tenant of a 2nd floor, 2-family house, fails to pay rent with an purported reason that the basement is 'illegal'?

Tenant has a lease for and occupy the 2nd floor of a 2-family house and lived there for 12 years. The allegation of illegal basement arose after tenant was given notice to vacate premise

Elaine Shay
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Elaine Shay
answered on May 15, 2023

When an owner uses a building that has a Certificate of Occupancy for two (2) families for three (3) separate dwelling units, a defacto multiple dwelling is created. The law requires that any building in NYC used for three or more dwelling units must have a current Multiple Dwelling Registration... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New York on
Q: My neighbor keeps tying his trees to my fence as when they are not tied they fall to the ground. There Is now damage

The damage is caused by my neighbor tying his trees to my fence. I have asked him not to do so and have cut the lines whenever I see them. This has gone on for months. There is damage to my fence (it now leans in his properties direction) and I am wondering if I can hold him responsible to pay for... View More

Elaine Shay
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Elaine Shay
answered on Mar 21, 2023

If you own the fence and it is on your property, you can seek to hold your neighbor responsible for any damage caused by his/her unauthorized use of your fence. If the damage is less than $10,000 you may sue in Small Claims Court for money damages. However, if you also want an injunction... View More

2 Answers | Asked in Landlord - Tenant for New York on
Q: I have loud neighbors next door constantly partying late hours. Can i with hold rent due to excessive noise?

I have contacted the police on several occasions, I have reached out to the landlord which he ignored my messages. These people are coming out to their backyard at 12am and dont stop until the next morning. Theyre very loud, playing music on a speaker, singing, talking loudly, being aggressive and... View More

Elaine Shay
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Elaine Shay
answered on Mar 10, 2023

Noisy neighbors are frequent problems for tenants and landlords. Depending upon whether the tenants causing the problem are rent regulated or free market can significantly impact the likelihood of the landlord's ability to address the situation. Withholding rent will likely get your... View More

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1 Answer | Asked in Estate Planning and Probate for New York on
Q: NY State probate question

A will in NY state gives the homestead to one heir and the contents to another. During the probate process, who is legally responsible for paying bills associated with the property?

Elaine Shay
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Elaine Shay
answered on Jan 28, 2023

The expenses of the estate are paid from Estate assets. The expenses associated with the property before it is transferred to the beneficiary are generally the Estate's responsiblity and not those of an individual beneficiary. The language of the Will may provide more guidance.

1 Answer | Asked in Landlord - Tenant and Small Claims for New York on
Q: How do I sue him for 500? I wanted my things I have to come up with 500 just to access to get my things that's not fair

I tryed to resolve this issue within the 30dats he was the one who prolonged this not me my husband and in made numerious attempts he ignored us

Elaine Shay
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Elaine Shay
answered on Jan 26, 2023

If you pay the money but don't feel it was just, you may commence a case in Small Claims Court to recover the money you believe was collected wrongly. However, if you owe money for rent arrears, the landlord may counterclaim against you.

1 Answer | Asked in Real Estate Law for New York on
Q: I am holding a mortgage for an 80 yr.old. What is the name of the document we should have in place in case he passes?
Elaine Shay
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Elaine Shay
answered on Jan 20, 2023

If by "holding a mortgage" you mean you are the lender on the note secured by a mortgage against property owned by the 80 year old borrower, provided your mortgage is propertly recorded there should be no additional documents required to secure your loan. Regardless of age, the... View More

3 Answers | Asked in Landlord - Tenant for New York on
Q: I paid first month rent and security deposit before i moved in. Can they use my security deposit for 2nd month?

I am having a problem with my bank account due to fraud, I am wondering if management can use the security deposit I gave before I moved in for this month that I owe rent on.

Elaine Shay
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Elaine Shay
answered on Jan 12, 2023

Security deposits are designed to provide the landlord with protection against the cost of damages or unpaid rent at the end of a tenancy. Therefore, landlords are not obligated to apply the security deposit towards rent while a tenant is still in occupancy.

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2 Answers | Asked in Landlord - Tenant for New York on
Q: Landlord had no Certificate of Occupancy, paid last months rent to move in and found asbestos in basement ($14000 est)

Just found out Landlord never got a C of O and we live here! AND found asbestos which I was disturbing doing laundry! Took last months rent from us as well to move in.

Elaine Shay
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Elaine Shay
answered on Jan 12, 2023

Depending on when a building was constructed or modified, a certificate of occupancy may not be required. Testing is usually required to verify the presense of asbestos. If a security deposit was required, the landlord is not permitted to also collect last month's rent.

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3 Answers | Asked in Landlord - Tenant for New York on
Q: As a home owner do I have to pay for broken damaged appliances caused by my tenant?

I am a home owner and when my tenant moved in, all appliances including ceiling fan was in excellent working safe condition. Last summer I had to replace the ceiling fan because he was being too rough with it that the wires got disconnected. Now the oven door frame is broke (looks like it was... View More

Elaine Shay
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Elaine Shay
answered on Jan 3, 2023

Tenants are generally responsible for damage caused by misuse of the rented premises/ However, the items you mentioned as needing repair could merely be the result of regular wear and tear for which the tenant is not responsible.

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: What paperwork do I need to get drawn up?

We want to purchase my brother's house he's willing to sell it to us at what he still owes its him his wife on it and his father inlaw as a co signer. We are building our credit currently and we don't have anyone to co sign for us. My brother said we can make monthly payments for the... View More

Elaine Shay
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Elaine Shay
answered on Dec 13, 2022

Unfortunately, real estate transactions between family members that are done informally without an attorney often result in disputes down the road. Therefore, it is important to obtain legal representation to properly document this proposed transaction and best protect yourself instead of asking... View More

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3 Answers | Asked in Landlord - Tenant and Small Claims for New York on
Q: How soon can I take my landlord to small claims court to get my security deposit back . It’s been over 30 days .

Also do they have to give back double for not having it back on time?

Elaine Shay
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Elaine Shay
answered on Dec 2, 2022

Under NYS law, landlord's are required to retun a residential security deposit within 14 days of vacatuer and provide written notification of the reasons for any deductions from the security deposit. If it has already been 30 days, you may commence a Small Claims Case or contact the Attorney... View More

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3 Answers | Asked in Consumer Law and Landlord - Tenant for New York on
Q: Should I signed a commercial lease that my landlord sent me when I'm a residential tenant?

I lose my job in August and since I didn't have the money to paid the rent I apply for ERAP. I informed my landlady and she is ok with this but they still have not approved my application. Today I received a message from my landlady to please sign a lease she sent me via email. When I look at... View More

Elaine Shay
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Elaine Shay
answered on Nov 16, 2022

If you have an ERAP appliction pending, the landlord is stayed from taking any action to evict you until a determination on your application is issued. Commercial tenants are not entitled to file an ERAP application nor are they entitled to the related stay preventing eviction. It sounds like... View More

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1 Answer | Asked in Landlord - Tenant for New York on
Q: Paying to stop a marshall's eviction notice

I got served a Marshall's 14 day eviction notice. Short story is it's my own fault I let it get to this state but I definitely want to get this rectified as this has been my home my entire life (rent-stabilized unit since my birth). Can I go down to the landlord-tenant court and bring... View More

Elaine Shay
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Elaine Shay
answered on Oct 31, 2022

You may go to the Housing Court in the County that issued the warrant of eviction and make an application for an Order to Show Cause ("OSC") to stay your eviction. You may bring certified funds payable to the Petitioner to demonstrate to the Court you have the funds available to satisfy... View More

3 Answers | Asked in Divorce and Real Estate Law for New York on
Q: I am getting divorced. My wife and I purchased a home. However I am the only party on the mortgage. We are both on the

Deed.. She does not have the ability to buy me out or attain her own financing for the mortgage. We have a 4 year old child. Can I assume that the only course of action for the court is to force the sale of the home being that my wife wishes to keep the home? I do not wish to carry the debt for a... View More

Elaine Shay
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Elaine Shay
answered on Feb 12, 2024

Especially when a minor child is involved, a matrimonial court is not limited to forcing a sale of the property in the situation described.

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3 Answers | Asked in Real Estate Law for New York on
Q: Two borrowers (not married) on a Joint Mortgage - one moves out, other stays

Two borrowers on a Joint Mortgage (since 2016) - one borrower moves out over a year ago, other borrower stays in the house with their own kids. The borrower that moved out is now telling the borrower who still lives in the property, that they want to either get "paid their portion of the... View More

Elaine Shay
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Elaine Shay
answered on Feb 6, 2024

When co-owners of a property disagree about the use of property or payment of expenses, either party may commence a partition case to force a sale of the property. Whether one of the owners has children or is a single parent is not determinative of their rights.

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