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I now am out of money and falling behind on all my debit. Can I get out of my lease?
answered on Jun 3, 2020
Generally, losing your employment or even the Covid crisis wouldnot constitute a legal basis to break your lease. However, that doesn't prevent you from negotiating with your landlord to be released. If you can present the situation in a way that persuades your landlord he/she would be... View More
answered on Jun 1, 2020
If a pet damages the apartment or creates a nuisance, a landlord may seek to terminate a tenancy regardless of whether there is a "no pet" clause in a lease. Even when a pet is well behaved, a landlord may decide not to renew a future lease in a non-rent regulated apartment if a landlord... View More
It has been 3 weeks since I applied and I am running out of time to find a place. I was told the unit would be available by June 1, which is obviously not happening. I don't want to miss out on places just to find out I've been denied. Help!
answered on Jun 1, 2020
The HSTPA of 2019 gave tenants in NYS substantial new rights. This includes limiting fees associated with renting an apartment to only $20 for a credit check. If you were charged additional fees, you may seek to recover them.
what are my options now the co-op is in westchester new york
answered on May 26, 2020
Unfortunately, you haven't provided enough information to receive meaningful guidance. Are you the owner or a subtenant? What do you want to do?
my mom died and 2 long time family friends got power of attorney before her passing. they got POA when she was already sick with dementia this was done without me knowing. they put her in a nursing home without me know and wouldn't tell me where she was until she was there a month and a half.... View More
answered on May 21, 2020
You are correct that a POA terminates upon the grantor's death. If your mother had a will, the executor can probate the will in Surrogate's Court. If there is no will, you can commence a proceeding in Surrogate's Court called and Administration and request appointment as the... View More
I had to return back home to Ireland due to Covid - lost my job and didn’t have proper health insurance. My roommates are american and I don’t want to affect their credit if I can help it. When I told my landlord I’d struggle to pay May rent they ignored me and I haven’t heard from them. I... View More
answered on May 21, 2020
When more than one individual signs a lease as a "tenant" they are each jointly and severally liable to the landlord for the payment of rent. That means the landlord doesn't get involved in whatever agreement exists between the tenants as the the amount each intends to contribute to... View More
I live in a two story, 6 unit building built in the 1920s and converted to the current number of units in early 1950s. The door to my apartment is self closing and swings into the corridor (not into my apartment). I discovered while changing the locks (apartment only came with a dead bolt and no... View More
answered on May 20, 2020
If describing your concerns and asking the landlord doesn't work, the surest way to get an answer to your question would be to file a complaint with HPD and request an inspection. If the inspector find the existing door to be a violation, the landlord will have a set amount of time to... View More
answered on May 18, 2020
Once the courts re-open, you will be able to commence a case in Small Claims Court to seek damages.
answered on May 18, 2020
Pursuant to Governor Cuomo's Executive Order, the moratorium on evictions has been extended to August 20th, so there is no immediate threat of eviction. However, the Executive Order does not relieve a tenant's obligation to pay rent.... It just temporarily removes the ability of the... View More
My brother in law is on section 8 and lives in apartment that does not allow washing machines but was just recently caught with one He lives in NY does that mean automatic eviction?
answered on May 17, 2020
Don't panic. First, due to the Covid-19 crisis there is currently a moratorium on evictions until August 20, 2020. Second, evictions require a judicial process that affords tenants a number of protections and your brother-in-law is likely entitled to an opportunity to cure.
I own the home and want to add my wife to the deed. Do we need the assistance of a lawyer to have a "joint tenancy of survivorship" done legally? We are completing the forms and I know it needs to be notarized but does it need lawyer approval?
answered on May 15, 2020
I second my colleagues comments and would add that in addition to the deed there are additional tax documents that generally need to be completed before a deed is accepted for filing. Since issues with a questionable deed can cause problems down the road for title insurance reasons, it is probably... View More
I live in the first floor and the people upstairs don’t pay rent they live for free and the person who has leased the apartment is away. These people who now live upstairs have been causing a lot of noise and ruckus’s throughout the whole day and night. What can I do legally to stop this.... View More
answered on May 11, 2020
If you are a tenant, you may alert your landlord to the problem you are experiencing and ask for assistance. Unfortunately, as a result of the Covid-19 crisis, the landlord cannot commence legal action against these neighbors until the courts reopen for regular business.
I am the lease holder of a NYCHA apartment in the Bronx. I would like to surrender the apartment and leave however I have a guest that has been there for more than 30 days and does not want to leave due to no evictions at this time. Can I still surrender the apartment? What happens if I surrender,... View More
answered on May 11, 2020
Generally, a tenant must deliver vacant possession of the premises to the landlord before being relieved of his or her obligations. However, it may be possible to negotiate on your own or with the assistance of an attorney for the release from your obligations in exchange for your cooperation with... View More
Bought a home 10 years ago. Title company at our closing found that attached lot was never transferred to previous owner some 30 years prior. The lot was mistakenly put in previous owner.s name. Previous owner used as a yard , cared for it, and paid taxes on it for 30 plus years (tacking). I... View More
answered on May 11, 2020
It appears that you are looking for info for DIY adverse possession claim. Although the desire to avoid legal fees is understandable, it is a difficult case to do yourself. It is also possible that you could inadvertently make admissions that would undermine your case. Therefore, it may be... View More
I currently own one 4-unit building and plan to purchase additional properties in the near future, all in NY. From what I gather in the responses, the 6-unit law pertains to an individual building, not the total number of units a landlord owns, correct?
Also, I read that if the deposit... View More
answered on May 6, 2020
Security deposits are intended to be placed in a designated security or escrow account upon receipt. Generally, the parties can negotiate for the money to be deposited in an interest earning account. However, since the landlord is also generally allowed to keep up to 1% of any interest earned as... View More
answered on Apr 23, 2020
Since the courts are essentially closed in response to the COVID19 crisis you will not be able to seek relief from them at this time. Therefore, the most efficient thing would be to communicate with the person who moved out to obtain permission to remove the belongings to be disposed of or placed... View More
Parents have a disabled daughter scheduled to attend grad school
answered on Apr 23, 2020
At the moment we are in the midst of a 3 month stay of all eviction proceedings.
We moved in May of 2019 and we noticed the windows in our living room were not installed properly. We wrote a email right away to the management company who took note of it and put it off we then continue to wright emails and phone calls to the management company who still to this day has not fixed... View More
answered on Apr 21, 2020
If you sustained an injury as the result of negligence, you should speak to a personal injury attorney about the prospects of commencing a case for damages. As a result of the COVID crisis, the Courts are essentially closed to non-essential matters. If the repairs you are seeking are an emergency... View More
May sound a bit mad but im not looking to cash out here. I just want our building management to be more competent in making sure tenants do not throw garbage out the their window. There is tampons, menstrual pads, shampoo bottles, dog feces and other unsanitary things that probably shouldn't... View More
answered on Apr 20, 2020
If you have already notified the building managment and not received a satisfactory response, it may be time to seek an inspection by the City of the conditions. You can call 311 to request an inspection for possible violations.
Especially during this pandemic
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