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Questions Answered by Elaine Shay
1 Answer | Asked in Real Estate Law for New York on
Q: what are the pros & cons of doing a joint tenancy vs common tenancy house deed (adding four kids to parents deed evenly

Four kids will inherit house after parents last away evenly (25% each ) we are updating the deed and was asked whether it’d be joint v common tenancy

Elaine Shay
Elaine Shay
answered on Sep 25, 2020

Your question raises a number of important issues. If the parents add the children to the deed with them as owners, each of the children would acquire a present interest in the property. Assuming two parents and four children on the deed, each would be presumed to own 1/6 of the property unless... View More

2 Answers | Asked in Landlord - Tenant for New York on
Q: Wanted to terminate my lease earlier because of financial hardship due to COVID -19!

Due to the pandemic, I experience financial hardship. I tried to negotiate the rent but the landlord won't assist on that matter except using their hardship program which we did use the deposit to pay the month of September rent. I was looking at different alternatives and also to terminate my... View More

Elaine Shay
Elaine Shay
answered on Sep 23, 2020

When you sign a lease you are entering into a contract. The landlord is promising to rent you space for a specific use and a specific period of time. Likewise, the tenant is promising to rent a particular space for a specific use for a specified period of time. Unless there is a clause in the... View More

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2 Answers | Asked in Real Estate Law for New York on
Q: My mother would like to give me 3 acres of her 11 acre property so I can build a cabin. Tax implications?
Elaine Shay
Elaine Shay
answered on Sep 23, 2020

Most gifts fall well under the amount that begins to have implications for gift tax purposes. However, depending on the value of the land, your mother may need to file some paperwork documenting the value of the gift. Her accountant should be able to assist her.

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1 Answer | Asked in Real Estate Law for New York on
Q: if I have a roomer that gives me a thirty day notice how long do I need to keep his belongings for him

the roomer signed a lease which states roomer may give 30 days notice but must pay for the following month ie if you give notice aug 5 you are still responsible for sept rent and chooses not to be here how long do i need to hold physical belongings i asked him when i would be getting rent he said... View More

Elaine Shay
Elaine Shay
answered on Sep 22, 2020

When you rent a room, you effectively become a "landlord" and are required to take the same steps as any landlord to evict a "tenant". Therefore, it is not a matter of when you can throw out someone's belongings after service of a 30 Day Notice but when you can commence a... View More

2 Answers | Asked in Landlord - Tenant for New York on
Q: I own a house. My s.o. moved in a few months ago but we are now breaking up. How long should I give for her to move out?

I initiated the breakup.

We do not have a formal lease, but before she moved in we had verbally agreed that she would pay a fairly small amount monthly when she started living here (she did not ever start paying).

The house is in my name only, with a mortgage (don't know if... View More

Elaine Shay
Elaine Shay
answered on Sep 22, 2020

If you need to go the route of commencing legal action to remove your S.O. from your home, the process can take longer than you may find tolerable. Depending on whether the occupant is a tenant or a licensee, the required predicate notices can be as short as 10 days to as long as 90 days. Only... View More

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Can I, as the landlord, serve a notice to vacate to my tenants who are on a month to month lease or do I need a lawyer?

Also, where to find the way to deliver the notice according to my state rules would be greatly appreciated

Elaine Shay
Elaine Shay
answered on Sep 17, 2020

In New York, an individual owner is not required to have a lawyer prepare or serve predicate notices for a landlord/tenant case but the owner cannot personally serve these documents. Although it may seem like a cost saver for an owner to skip a lawyer for preparation of a predicate notice, it... View More

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1 Answer | Asked in Elder Law, Health Care Law and Landlord - Tenant for New York on
Q: When an adult relative moves into my rent-stabilized unit, what do I say if the landlord asks how long they'll be here?

I'm an age 72 disabled senior who has lived in my rent-stabilized apartment In NYC for over 30 years. Before Covid, I rented my second bedroom to college students from Japan to defray my monthly expenses. I have built up rent arrears this year because I've not been able to rent to foreign... View More

Elaine Shay
Elaine Shay
answered on Sep 15, 2020

The landlord appears to have no basis to ask you how long your new housemate may be staying with you. In NYC you are entitled to have a roommate even without your landlord's permission. Although the landlord may have inquired because of the Covid-19 crisis, it is perhaps even more likely you... View More

1 Answer | Asked in Real Estate Law for New York on
Q: After the contract is signed what happens if the appraisal is below our bidding offer? We are using a VA Loan

Additional info: Individual is also a disabled veteran

Elaine Shay
Elaine Shay
answered on Sep 11, 2020

Generally, real estate contracts provide an option for you to cancel the contract in those circumstances.

2 Answers | Asked in Real Estate Law for New York on
Q: I believe I signed a bargain and sale deed to my sister under undue influence.

i owned the house with my mother as joint tenants with rights to survivorship.

The deed shows a sale for $800,000 but i never signed a contract. My sister showed up one day with the deed and talked me into signing.

Elaine Shay
Elaine Shay
answered on Sep 11, 2020

This is a serious and complex situation. Instead of posting here, you should promptly consult with and retain counsel to protect your rights to the property.

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1 Answer | Asked in Landlord - Tenant for New York on
Q: Is it illegal for my landlord to put a still camera on a tree facing the whole front of the house.including seeing insi

This has been ongoing including them coming side the house while I was at work video recording.

Elaine Shay
Elaine Shay
answered on Sep 11, 2020

Generally, a landlord is permitted to install video/camera to monitor common areas of property as long as they do not look directly into the interior of a tenant's apartment.

2 Answers | Asked in Real Estate Law for New York on
Q: Can property tax rise on a house after closing? Also, if we overbid how can we offer lower price w/o losing the deal?

We overbid on a property that was listed under market price for 425K with property tax if 4800/year. We are questioning why the tax is so low and if there is a possibility it may rise after closing

Elaine Shay
Elaine Shay
answered on Sep 10, 2020

Yes, RE Taxes can and do regularly increase. Some buildings have temporarily reduced RE Taxes... for example because of a 421a tax abatement. Consider retaining an attorney to assist you with in the questions you have.

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1 Answer | Asked in Landlord - Tenant for New York on
Q: tenant wants to break lease and now use security deposit as this month/last month rent. is that allowed ?

tenant only signed lease in june 2020 . she showed 100k in savings.now she says she lost job is under financial hardship. wants tp break lease and says the new covid rules allow her to use the 1 month security deposit as this month rent payment. if she moves on october 1 i have not kind of... View More

Elaine Shay
Elaine Shay
answered on Sep 9, 2020

If the tenant just signed a lease with you recently, you can still go after her for unpaid rent until you rerent the apartment after she leaves. However, since there is a moratorium on most evictions and the Housing Court has a substantial backlog of cases, she might be doing you a favor by moving... View More

1 Answer | Asked in Real Estate Law for New York on
Q: For multiple home ownership lawsuits, does the court make an award factoring in the lack of financial help by co owner?

My sister is currently suing me for 22% ownership rights for a 1988 deed, conveying her rights without her knowledge. If she prevails will the court adjust her award by factoring in her failure to make any contributions to the home expenses since she moved away in 1988? Also, she lived in my home... View More

Elaine Shay
Elaine Shay
answered on Sep 8, 2020

Not necessarily. If you are being sued for "partition", a filing for an accounting is also often sought. That does not automatically mean you are entitled to contribution towards expenses... especially if you benefitted from exclusive use and control of property during that time. In... View More

1 Answer | Asked in Real Estate Law for New York on
Q: No contract was signed, how would we go about changing our bid?

We found a property of interest in East Northport Long Island. Price on property was listed for $425K with property tax of $4781/yearly. This was also a listing of our agent. She informed us there are multiple offers since the property was priced below market value. We had offered 525K & they... View More

Elaine Shay
Elaine Shay
answered on Sep 8, 2020

Generally, real estate contracts are not binding until reduced to a writing sold by both parties. Therefore, if you made a verbal offer, this alone would not usually bind you and, in that case, you may simply be able to withrdraw your offer. Although you can make a lower offer, the seller or may... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can I pursue consequential damage if the landlord failed to deliver the house?

I live in Rochester, NY. signed a lease with the landlord saying the lease starts 9/7. But 2 days ago he said he cannot deliver the house. Now I am forced to stay in my current location with extra charges. Can I pursue consequential damages on him?

Elaine Shay
Elaine Shay
answered on Sep 2, 2020

Most leases provide a provision that absolve the landlord of liability for failure to deliver possession at the specified time. Read your lease carefully for the remedies available to you.

2 Answers | Asked in Estate Planning and Real Estate Law for New York on
Q: Options needed to purchase house from parent.

My father owns a house free and clear that he would like to sell to me. He does not live in the house but maintains it. He also has another house where he lives with his wife. I need to stay in my current home until kids graduate in 2024. My father is 87 and not in good health, he may not be around... View More

Elaine Shay
Elaine Shay
answered on Aug 31, 2020

If your father is agreeable to delaying the receipt of the proceeds from a sale of the property, he could sell the property to you now and take back a baloon mortgage that becomes due at the time you intend to be ready to move. This way the purchase price and sale are confirmed and you become the... View More

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1 Answer | Asked in Landlord - Tenant for New York on
Q: Can we sue the landlord because I paid a penalty money for end lease earlier but landlord raise rent rate for roommates?
Elaine Shay
Elaine Shay
answered on Aug 28, 2020

You can sue for almost anything because claims are not vetted before filed. However, filing a case is not the same thing as winning and winning is not the same thing as recovering. The answer to your questions depends upon the exact terms of the settlement with your landlord releasing you from... View More

2 Answers | Asked in Real Estate Law for New York on
Q: How long should it take to transfer an inherited property from the trust of the deceased to that of the beneficiary?

I've inherited a rental property in NY through my deceased mother's (formerly) revocable living trust. I live in another state and have been trying to get this completed through a recommended real estate lawyer in NYC, but it's been over a year since I retained her and not much more... View More

Elaine Shay
Elaine Shay
answered on Aug 27, 2020

I am loath to reach a harsh judgment without hearing all sides to a story; therefore, I don't believe it is approriate to guess as to reasons for the delay in the situation you described. Instead, I would encourage you to consider whether you still have confidence in the attorney you intially... View More

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2 Answers | Asked in Real Estate Law for New York on
Q: My father signed me over a property quit claim, he has a heloc on it but won’t pay. Is there anything I can do?

He has Alzheimer’s and his wife took over all finances. I live on the property but I feel like she will let it forclose just to spite me. Is there anything that I can do?

Elaine Shay
Elaine Shay
answered on Aug 26, 2020

You can make the payments yourself but quit claim deed wouldn't entitle you to force someone else to make the payments

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1 Answer | Asked in Landlord - Tenant for New York on
Q: Hi, Is it possible for a tenant to leave the lease room and not paying the rest rent b/c health prob caused by bad room?
Elaine Shay
Elaine Shay
answered on Aug 25, 2020

Under certain circumstances, a tenant may claim to have been constructively evicted because of conditions that constitute violations that impact the habitability of an apartment.

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