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answered on Jul 14, 2020
No, and the tenant may be liable to the landlord for the remaining term of the lease.
The lease does not prohibit it and there is sufficient space. The NY laws are just confusing.
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... View More 
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
can he kick me out just for asking fore some notice
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
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
By sisters estate adminstration ?
answered on Jul 10, 2020
Unless the attorney is the executor or administrator there would be little reason for the attorney to be holding money in escrow , except possibly in connection with the sale of real property. In any event, provided the terms of an escrow agreement mandate the release of funds, it is simply the... View More
I'm thinking of converting my cellar into a one bedroom "apartment". It will have a full three fixture bathroom, a kitchen fixture, a door connecting to the outside and most likely a 3x2 window to the outside. I'll be adding a fire alarm and a monoxide detector as well for... View More
answered on Jul 10, 2020
From the phrasing of your question, it is obvious you know creating a basement apartment is problematic. In over 30 years of handling L/T matters, I have met many clients that have elected to ignore the law and create illegal apartments. Some get away with it for years before they get caught.... View More
The property was auctioned on January 29, 2020 . As of today’s date July 10,2020 there has been no closing.
answered on Jul 9, 2020
In NY you are generally required to close within 30 days of winning an auction.
Do I still have to move out on that day or dose that peice of paper we wrote and signed mean nothing because it wasn’t notarize and I haven’t been evicted yet
answered on Jul 9, 2020
Whether or not the agreement you made was notarized is not what protects you in this instance. Instead, Gov. Cuomo's moratorium on evictions in connection with the COVID-19 crisis provides you with protections. See Executive Order 202.28. In addition, the landlord still needs a judgment of... View More
the house went up for auction twice but didn't sell. can I call the bank and attempt to get the mortgage reinstated ?
answered on Jul 8, 2020
Of course, you can always call the lender. However, if you are not the original borrower, it is unlikely the loan could be reinstated but if you qualify they may be able to offer you a loan to essentially purchase the property.
He had an individual I do not know stay to do this cos had to come and let me in my home after just losing to sisters in 24 hrs he tries to throw me and my stuff and kids on street to pandemic he is a business owner and should no better then to change locks and throw my stuff in a dumpster he just... View More
answered on Jul 8, 2020
You can call the police. If you have proof that you live at that property the police should compel the landlord to restore you to possession. In the event the police are not helpful, you may file an emergency OSC with the NYC Housing Court, which has been hearing emergency applications throughout... View More
does my security deposit $1100 20 years ago could incur interest. Can i use it as my last month rent without paying difference from the $2100 rent now.
answered on Jul 7, 2020
The security deposit is used to compensate a landlord for possible damage to an apartment by a tenant and is not intended to be used for the last month's rent. Landlord's are not generally required to keep security deposits in an interest bearing account. If they due, a landlord is... View More
Been renting more 20 yrs in my apt in woodside NY, (queens) and did alot of renovations and never bothered my landlord for anything. Before pandemic my landlord told me she needed her apt back to use she gave me 1 month notice. I told them i will look for an apt but till then i will continue paying... View More
answered on Jul 7, 2020
If you are moving at the end of the month, the Landlord has no means to enforce the demand for an additional security deposit before you move. Unless a tenant has an explicit agreement with a Landlord to provide reimbursement for renovations, a Landlord is not obligated to reimburse a tenant and... View More
Landlord said that subletting is not allowed there but in our lease says that it is allowed. We also been making noise complaints and bleaching our clothes by the upstairs neighbors and the landlord doesn't do anything about it. In winter last year we called the landlord saying that we... View More
answered on Jul 7, 2020
Provided you have a lease that is still in force, the specific language of that lease control the terms of your tenancy. Some leases say subleasing is allowed if landlord consents, some say subleasing is allowed if landlord consent but landlord cannot unreasonably withhold consent and some say no... View More
can landlord go after me( my personnel asset ex: bank account .... ) if I break the lease again due to the slow business cause of corona
answered on Jul 6, 2020
To correctly answer your question, the terms of your lease must be reviewed. Generally, if you break a lease (residential or commercial) the landlord can hold you liable for the unpaid term of your lease until the premises is rented again.
I live in upstate NY. I am allowed 2 spots in my driveway. The car is legal (insured and registered with plates on it), I'm just not driving it right now. There is a dent on the side of the vehicle that may be "unpleasant" to look at. He gave me 30 days to remove it from the... View More
answered on Jun 26, 2020
If you do not have a lease and are not a rent-regulated tenant, the landlord has no obligation to keep you on as a tenant. Provided the landlord's actions do not otherwise violate the law, such as being discriminatory, the landlord can ask you to move for any reason including not liking the... View More
This is a contingency contract depended on we sell the property located in FL. Because this pandemic happened, we didn't sell a property located in FL. So we don't have money to purchase the Property located in Steuben county, NY. The seller refuses to return our deposit ($10K).
answered on Jun 22, 2020
If you have an attorney representing you in the purchase, you should discuss the situation with the attorney and have him or her send the required notice pursuant to your contract that allows for the cancellation of the contract and return of the downpayment.
The trust divided her house into 4 ways. 1 of the beneficiaries has died leaving 3 of us left. 1 of the 3 is currently living in the home refuses to leave or settle the house affairs. I do not know how to obtain my piece of the house. I do not have money to hire a lawyer to settle this. The house... View More
answered on Jun 12, 2020
Aside from the points raised by my colleagues, it is important to confirm that the real property was actually transferred into the Trust by the recording of a deed putting title to the property in the name of the Trust. If this step was not taken, regardless of the terms of the Trust, a probate or... View More
The contract never gave a direct date of when the project was to be done. But it’s been finished for over a year now and I still haven’t received the money. Can I charge interest even if it wasn’t specified on the contract that I would do so?
answered on Jun 9, 2020
Generally, the terms of a contract cannot be unilaterally changed. However, you can certainly try to renegotiate the terms, especially since a family member is involved. If this turns out to be a deal that has gone bad and your family member fails to pay you back, you may sue to recover the funds... View More
answered on Jun 8, 2020
Pursuant to Executive Order 202.28, the moratorium of evictions was extended through August 19, 2020.
Since the language references "initiation of a proceeding or enforecment of either an eviction of any residential or commercial tenant for nonpayment of rent" you can make the... View More
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