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Questions Answered by Elaine Shay
1 Answer | Asked in Civil Litigation and Real Estate Law for New York on
Q: Being sued in a partition suit in a joint tenancy.
Elaine Shay
Elaine Shay answered on Aug 4, 2020

If you were served with a summons and complaint, you will need to submit responding papers within a specified time depending upon how you were served. Suggest retaining an attorney to do so on your behalf and to attempt to negotiate a resolution on your behalf.

1 Answer | Asked in Consumer Law and Real Estate Law for New York on
Q: I live in Waterford, NY and our lease is about up and don't auto renew. Can he make us leave?

The reason it don't auto-renew is that he emailed me stating that he was not renewing it about 2 months ago. It was a 90 day notice via email. Not in writing. He want's to move in our apartment on September 1st and we can't find a like place around here. My wife is on unemployment... Read more »

Elaine Shay
Elaine Shay answered on Aug 3, 2020

Unless you are protected by a lease or rent regulation, a landlord does not have to renew your lease. However, if you do not voluntarily surrender possession, the landlord must start a court case and obtain a judgment before you can be evicted. If you are current on your rent payments, the Court... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: Does an existing Notice to Vacate transfer to a new property owner or do they have to issue an updated one to me?

I'm renting a house that was sold. The new owners issued a Notice to Vacate so that they could renovate and flip the house. After finding out, within a month, the cost to renovate, they are selling it. Is the 30-Day Notice they issued valid when the new owner becomes my landlord for the... Read more »

Elaine Shay
Elaine Shay answered on Jul 27, 2020

Generally, a new owner steps into the shoes of the previous owner with respect to tenancy issues. However, as a result of the Covid crisis there is a moratorium on evictions until at least August 20th so you should have ample time.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can my landlord tell me to pay more money for past months rent because we are switching our lease from a year to 3 month

We want to get out of lease early bc of covid and ability to afford rent because of loss of work. Our landlord said no but said we can switch from a year lease to 3 months. They want to charge us $500 to even just start the paperwork and then $500 for June and July rent that we have already paid,... Read more »

Elaine Shay
Elaine Shay answered on Jul 23, 2020

Even with the havoc that the Covid crisis has created, generally tenants remain responsible for the remaining term of any unexpired leases. If the landlord is willing to release you from the remaining term of your lease, it is not unusual to require a payment of some type. Appears that basically... Read more »

3 Answers | Asked in Divorce, Family Law and Landlord - Tenant for New York on
Q: How do I find out if I"m divorced?

I was ousted from my apt by my daughter,separated from my husband then served with divorce papers. I

I don't want divorce don't believe he wants one either.It was initiated by my daughter What should I do?

Elaine Shay
Elaine Shay answered on Jul 21, 2020

If you were served with papers divroce papers, regardless of your personally feelings regarding its cause, you will need to take steps to protect your interests. Therefore, you should give serious consideration to retaining an attorney to file an answer to the pleadings and move forward. Hiring... Read more »

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1 Answer | Asked in Landlord - Tenant for New York on
Q: can i break my lease for unresolved cockroach and bed bug infestation?

Yes a tenant in the same building over a year ago had a very bad infestation. Management did not act quickly but said the tenant would not allow access. The policy here is to spray each apartment once a month. Consequently many of the apartment s are overrun with roaches. Because of Managements... Read more »

Elaine Shay
Elaine Shay answered on Jul 21, 2020

What happened last year isn't particularly relevant to your current question. If the apartment is rendered uninhabitable because of conditions such as needed repairs or infestation, this can be considered a breach of the warranty of habitability leading to the constructive eviction of a... Read more »

4 Answers | Asked in Real Estate Law for New York on
Q: Can a seller accept a 2nd purchase offer after signing and accepting mine in NY state?

I submitted a offer on a house. The seller countered and I accepted. The seller's agent then called my agent stating there was an escalation offer at ask and could we offer seller a little more. I offered $10,000 more. The seller accepted and signed the paperwork, which is sitting at... Read more »

Elaine Shay
Elaine Shay answered on Jul 21, 2020

Generally a fully executed and delivered contract of sale (not offer) is required to have a fully enforceable agreement. However, if you have a high tolerance for risk, depending upon the facts of your particular case, you may have an actionable claim if you are prepared to litigate.

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2 Answers | Asked in Real Estate Law for New York on
Q: How do you sell your home after a cancellation of lis pendens...how do you get a clear title or satisfaction of mortgag?
Elaine Shay
Elaine Shay answered on Jul 17, 2020

When you pay off a mortgage, you get a Satisfaction of Mortgage from the lender you have paid off. This satisfaction must be filed so it is reflected on future title searches. Similar for lis pendens

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1 Answer | Asked in Landlord - Tenant for New York on
Q: I have a store in queens opened in August 2019 .. I was paying rent before Covid hit .. now I have 4 months rent due

My landlord sent me a lawyerS notice and does not want to forgive any rent ... I’m not even making basic store expenses what to do ...

Elaine Shay
Elaine Shay answered on Jul 17, 2020

Unfortunately, many small business tenants are in the same position you described. Although there is an Executive Order that places a moratorium on evictions until August 20th, rent payments that became due during the COVID-19 crisis have not been abated and remain due. My firm has been... Read more »

2 Answers | Asked in Real Estate Law for New York on
Q: NYC apt sublease in CoopMy tenant just sent me a message that he wants to end the sublease.The rider states

That the sublease shall not end or be modified nor will sublessee obligations be ended or modified if for any cause not fully within sublessor’s control

Besides the board will not approve

What do you suggest I should do?

Please let me know ASAP

Thank you

Danielle

Elaine Shay
Elaine Shay answered on Jul 17, 2020

As a result of the COVID-19 crisis, a flood of residential and commercial tenants are seeking to surrender possession and walk away from their lease obligations. Although there is an Executive Order imposing a moratorium on evictions until August 20th, there is not legislation that relieves... Read more »

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3 Answers | Asked in Estate Planning, Elder Law and Probate for New York on
Q: My deceased aunt left a Will. If I submit a Petition to Surrogate Court will I be able to access her banking info?

I live in Georgia and she lived in New York. I am the Executor of the will if appointed voluntary administrator is that all I need to carry out duties as Executor and will I be able to access banking info and have access to her apartment.

Elaine Shay
Elaine Shay answered on Jul 16, 2020

No. Submitting the Petition is simply the beginning of the process and Letters must issue before you have the authority to access bank accounts or other assets of the Estate.

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4 Answers | Asked in Probate for New York on
Q: My Mom recently passed and she owns a co-op in brooklyn that she is leaving to her 4 children.She has a will.

The co-op board says we have to purchase her co-op then be approved first before we can sell it. and there are fees involved of course and we need to hire a lawyer. Is this legal?

Elaine Shay
Elaine Shay answered on Jul 15, 2020

If the will leaves the property to the four siblings, you do not have to "purchase" the coop but it may need to be transferred to your name before it can be transferred to a third-party purchaser. It is likely that you will need a New York attorney to probate your mother's will and... Read more »

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1 Answer | Asked in Landlord - Tenant for New York on
Q: We need to leave our office due to covid downturn in biz after 16 yrs but have no "get out early" clause.

We have never not paid the rent except in the last month where we paid 50% as our business income has gone to zero since Covid started. Landlord suggested one smaller office space but cost to move and fact that we need to remove this overhead entirely means it's not necessarily a solution.... Read more »

Elaine Shay
Elaine Shay answered on Jul 15, 2020

Many tenants with otherwise outstanding track records with their landlords have been unable to meet ongoing rent obligations as a result of the Covid-19 crisis. Sometimes, the terms of a specific lease or guaranty can provide a basis to end a lease early or at least suspend payments that became... Read more »

3 Answers | Asked in Probate for New York on
Q: Mother's will was in NC but she moved to NY 6 mos. ago. Assets are in mutual funds and bank account. Do I need a lawyer?

I am named as executor. I am not on her bank account as joint owner but through power of attorney had access to her accounts.

Elaine Shay
Elaine Shay answered on Jul 15, 2020

A Power of Attorneys become invalid upon the grantor’s death. To have the power to act with respect to assets in your mother’s name, you would need to be appointed by Surrogate’s Court as her executor

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1 Answer | Asked in Landlord - Tenant for New York on
Q: my tenant is denying me access in the last month of the lease for a plumber to fix the shower due to COVID
Elaine Shay
Elaine Shay answered on Jul 14, 2020

Many people are reluctant to have service people in their homes during the Covid crisis. If this is an emergency situation, you can commence a court proceeding to compel access. However, this generally means spending money on legal fees that are difficult or impossible to recover. Therefore, if... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: Does a landlord need to compensate a tenant if he choices to move out before the end of the lease?
Elaine Shay
Elaine Shay answered on Jul 14, 2020

No, and the tenant may be liable to the landlord for the remaining term of the lease.

1 Answer | Asked in Landlord - Tenant for New York on
Q: In NYC, if 2 tenants are on a lease, are those tenants permitted to take in a third occupant (non-family) as a roommate?

The lease does not prohibit it and there is sufficient space. The NY laws are just confusing.

Elaine Shay
Elaine Shay answered on Jul 13, 2020

No. See Real Property Law §235-f

2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for New York on
Q: I have a question regarding Bronx residents rights. My father passed in Oct. When him and I signed the lease 5 yearsago

Management knew that I wont be on the lease but id be living there as I went with him to sign the lease. I've done some research on squatters rights but iam unsure if it pertains to me. I'd like to stay with the apartment but would like to advise management. This building is not Section 8... Read more »

Elaine Shay
Elaine Shay answered on Jul 11, 2020

If the building is subject to Rent Stabilization or other rent regulation, you may be entitled to succession rights provided you lived with your farther for the required time before he passed. Even if that isn’t the case, many landlords would be happy to keep on a good tenant

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1 Answer | Asked in Landlord - Tenant for New York on
Q: my landlord wanted come in my house without notice i sead i nead some time so he got mad and sead well ill just kick you

can he kick me out just for asking fore some notice

Elaine Shay
Elaine Shay answered on Jul 11, 2020

Unless you are protected by a lease or live in rent-regulated property, a landlord does not need a reason to terminate your tenancy. However, a landlord has to go to court and obtain a judgment of possession first and can’t just lock you out

1 Answer | Asked in Real Estate Law for New York on
Q: I have a friend who wants to give me property. How can he do this without me purchasing them? We are in Broome County NY
Elaine Shay
Elaine Shay answered on Jul 11, 2020

Real property is transferred by deed. Your friend can execute a deed and accompanying tax documents needed for recording purposes to gift you the property

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