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Questions Answered by Elaine Shay
1 Answer | Asked in Landlord - Tenant for New York on
Q: My landlord is refusing to give me my deposit and is instead giving it to my ex-partner who is also on the lease.

The landlord signed a new lease with my ex-partner and is trying to 'roll-over' my deposit to a lease agreement that I am not apart of. I need help getting my lease back as stated in the lease agreement.

[Update] Can you inform me of my options?

Elaine Shay
PREMIUM
Elaine Shay
answered on Sep 30, 2022

You may sue your landlord and ex-partner in Small Claims Court for the refund of your security deposit.

2 Answers | Asked in Real Estate Law and Contracts for New York on
Q: If you sign a real estate contract but tell your lawyer not to send it and they do, is that contract enforceable?

My elderly father signed a contract that had no closing date. His lawyer did not tell him either. He signed the contract then instructed the lawyer to NOT send it to the buyer yet. He did so both verbally and through text. Is there any legal recourse? Is the contract valid if the lawyer went... Read more »

Elaine Shay
PREMIUM
Elaine Shay
answered on Sep 22, 2022

When an attorney acts on a client's behalf, they generally do so as an agent with apparent authority to bind the party for whom they are acting as an agent. However, if the agent (lawyer) acted against your father's directions, your father may have a claim against the lawyer.

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Q: I live across the street from a developer who used to play nice. You knew what was going to be built 6 months in

advance, I checked the plans that often. Then BOOM, they are bulldozing across the street and I get told one day “that is not an office building across the street they are building—it’s gonna be a hotel!”

WAS ALL OF THAT LEGAL?????

It’s been a few years.

Do Towns... Read more »

Elaine Shay
PREMIUM
Elaine Shay
answered on Sep 22, 2022

Your concern about neighboring development is understandable. However, there is no way to provide a meaningful response to your inquiry based upon the information you have provided.

2 Answers | Asked in Real Estate Law for New York on
Q: What to do when a developer failed to shore up and underpin my property during excavation causing damages.

The construction manager assaulted me on the day of the inspection by the corp of engineers who issued a stop work order. This required surgery on my shoulder wrist. They have not replaced the walls since the 2017 occurrence . The kitchen is a freezer in winter and the crack meters have not been... Read more »

Elaine Shay
PREMIUM
Elaine Shay
answered on Sep 20, 2022

The situation you described cannot be adequately addressed by a few words pointing you in the right direction on a resource like Justia. Instead, it would be best to consult and retain an attorney as quickly as possible since recovery for the damages you suffered may be barred by applicable... Read more »

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1 Answer | Asked in Landlord - Tenant for New York on
Q: How to properly evict a tenant who has lived on my property 10 years

I would like to evict my tenant because I don't not want to renew her lease and my daughter is having a baby and I want her to stay in the apartment I have downstairs. I own a 2 family home.

Elaine Shay
PREMIUM
Elaine Shay
answered on Sep 20, 2022

In an ideal world you would speak with your tenant and things would move forward cooperatively. However, that frequently does not work out. Therefore, landlords are required to serve a 90 Day Notice of Termination on a long term tenant before commencing a holdover proceeding in Housing Court to... Read more »

2 Answers | Asked in Landlord - Tenant for New York on
Q: I got a default judgement against me from unpaid rent . They are garnishing my wages however there was another person

Are they supposed to garnish my wages for all unpaid debt or are they supposed to make me pay half

Elaine Shay
PREMIUM
Elaine Shay
answered on Sep 12, 2022

Generally, when a lease is signed by co-tenants, each co-tenant is responsible to the landlord for the full amount of the rent.

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2 Answers | Asked in Real Estate Law for New York on
Q: My son just moved his Nyc condo into an LLC. I want to buy a 49% interest in the LLC. Is Transfer Tax due?
Elaine Shay
PREMIUM
Elaine Shay
answered on Sep 12, 2022

Respectfully, I disagree with my colleague. You may want to refer to this NY publication: https://www.tax.ny.gov/pdf/publications/real_estate/pub576.pdf

However, I strongly suggest you speak with your accountant for accurate information.

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1 Answer | Asked in Real Estate Law for New York on
Q: Can the property manager of a coop be on the board of directors?
Elaine Shay
PREMIUM
Elaine Shay
answered on Sep 7, 2022

The By-Laws for the Coop should set forth who can serve on the Board

1 Answer | Asked in Real Estate Law for New York on
Q: What do I do?

I had given my tenant a non-renewal letter which I unfortunely did not know had to be 3 month prior to her lease end date. I let her know that I am willing for her to stay the extra 3 months that I did not give prior and she answered with "Please contact my lawyer if you have questions for... Read more »

Elaine Shay
PREMIUM
Elaine Shay
answered on Sep 6, 2022

If the property is owned in your individual name, you are not required to retain counsel but would be foolish not to based upon the circumstances you have described.

1 Answer | Asked in Landlord - Tenant for New York on
Q: I have a question tenant law

I’m a tenant who was a month to month , always paid rent , no issues at the house with police agency or anything else , I maintain the yard and home , I was given a non lease renewal and then a 30 day notice with no notice at all , and the owner has harassed me etc , destroying my personal... Read more »

Elaine Shay
PREMIUM
Elaine Shay
answered on Sep 2, 2022

Your next step should be to seek representation. If you are unable to afford an attorney, you may call 311 for information on obtaining pro bono representation.

3 Answers | Asked in Probate for New York on
Q: My mom passed 2019, no will. Court appointed brother executor , sold house 32,000 value was 101,000 still no money

He emptied her bank account. Paid taxes late making fines, harassed beneficiaries, no record of accounting may 2021 house sold 1/3 value he never has assessor come in., what can husband and daughter do now ?

Elaine Shay
PREMIUM
Elaine Shay
answered on Aug 19, 2022

Based upon your description you may have claims against the brother for breach of his fiduciary duties as executor. To assess how best to move forward, you should give serious consideration to meeting with a local attorney to review your situation in detail and decide how to proceed.

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1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Q: My grandmother is 94y old, of sound mind, PR resident. What is the average cost of drafting & filing a Living Will?

She is in the process of selling her home. In the event she passes before home is sold, the proceeds of the sale would go to the heirs.

At which time then, the heirs would need to file to obtain these funds. Is there a way to avoid the legalities later, by drafting & filing documents... Read more »

Elaine Shay
PREMIUM
Elaine Shay
answered on Aug 18, 2022

Since your grandmother resides in Puerto Rico, your question would be better directed to attorneys in Puerto Rico instead of New York. However, regardless of the jurisdiction, a living will does not address the disposition of property but merely the care of someone who may become incapacitated.

1 Answer | Asked in Real Estate Law for New York on
Q: Hello, I take my HOA to court for maintenance that is causing damage to the inside of my unit for the second time.

I am scheduled to appear in small claims court August 16, 2022 with the management company because they continue to tell me air coming into my unit from the foundation is my responsibility. After I filed the claim and received a date I discovered water intrusion, notified the management company and... Read more »

Elaine Shay
PREMIUM
Elaine Shay
answered on Aug 9, 2022

Since Small Claims is only authorized to make monetary awards, you may not be able to obtain the proper relief in the case you initiated there. Issues with a Boards obligations to make repairs may require injunctive relief which you can obtain in Supreme Court, where you are best represented by... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: Hello, I live with my elderly, disabled mother in a rent stabilized apt.

Hello, I live with my mother in a rent stabilized apt. Unfortunately i was let go from my job during covid and got backed up on my rent. I had to quit my new job also because i was accepted into nursing school. My mother is disabled and on dialysis. My name is on the lease. My question is, can we... Read more »

Elaine Shay
PREMIUM
Elaine Shay
answered on Aug 9, 2022

There are many available services to assist tenants with avoiding eviction based upon age or disability status. However, neither age nor disability status bar evictions for nonpayment of rent

1 Answer | Asked in Landlord - Tenant for New York on
Q: My landlord is threatening me because I reported the tenants upstairs for dealing drugs. What can I do?

The letter states that my landlord will violate my and my brother's lease because I have reported the tenants upstairs to the police because they deal drugs out of their apartment. Because I witnessed a favorite tenant of the landlord's buying drugs from one of the drug dealers upstairs,... Read more »

Elaine Shay
PREMIUM
Elaine Shay
answered on Aug 5, 2022

You may want to contact the Tenant Harassment Prevention Task Force

https://www1.nyc.gov/site/hpd/services-and-information/thpt.page

1 Answer | Asked in Real Estate Law for New York on
Q: A church owns a house in Orange County NY and our Bishop lives there. How can we transfer it to him?
Elaine Shay
PREMIUM
Elaine Shay
answered on Aug 3, 2022

If the church that owns the property is a non-profit, which is extremely likely, the proposed transfer would have to have the approval of the NY Attorney General or the Court.

3 Answers | Asked in Landlord - Tenant for New York on
Q: Can my landlord require proof of my chronic illness to make a repair?

The intercom and buzzer for my apartment hasn't worked in over a year. My building management has claimed over the same year that they are waiting on a chip to replace the entire system. In the interim, Ive requested an electrician look at the current system to see if a temporary solution... Read more »

Elaine Shay
PREMIUM
Elaine Shay
answered on Aug 2, 2022

Call 311 to request an inspection for a housing violation.

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1 Answer | Asked in Landlord - Tenant for Puerto Rico on
Q: I rented an apt in Puerto Rico. The landlord assured me the place had been fumigated.

He assured me it was fumigated because I pointed out there were two empty one gallon jugs present at the viewing. Over the first two months the bugs were so thick I would awaken at night with bugs covering me. I stayed a total of ten days in two months complaining they needed to handle it. Can I... Read more »

Elaine Shay
PREMIUM
Elaine Shay
answered on Aug 1, 2022

Since laws vary by jurisdiction and the apartment is in Puerto Rico, you will need to direct your question to a board with attorneys admitted to practice in Puerto Rico instead of New York.

1 Answer | Asked in Real Estate Law and Elder Law for New York on
Q: My husband was just hospitalized with dementia and will not be coming home. What are my options for selling our home?

The doctors tell me he does not have the capacity to handle legal matters, including health proxy, etc. and probably cannot sign off on a mobile home sale. Can I legally sell the property on my own? I really do not want to live here without him, so would look into a senior apartment. It is my... Read more »

Elaine Shay
PREMIUM
Elaine Shay
answered on Jul 28, 2022

If you have a durable power of attorney, you should be able to proceed with a sale. However, if you do not have a durable power of attorney, you would need seek appointment as your husband's guardian before proceeding.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Is my landlord responsible for paying the heat and hot water as the residential lease for the house in New York I rent ?

Lease stipulates: Section 5.5 Tenant will be responsible for all utilities and services required on the Premises except that Landlord will provide the following: Heat, Hot Water

Elaine Shay
PREMIUM
Elaine Shay
answered on Jul 28, 2022

Generally this type of provision is interpretted to mean that the landlord is required to maintain the equipment that generate heat and hot water but the tenant is responsible for the associated utilites necessary to generat the heat and hot water.

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