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they finalized the divorce 20 years ago. can she inherit his home
answered on Mar 19, 2020
A final judgment of divorce terminates any rights to claim heirship based upon marriage. If an individual dies without legal heirs, their assets escheat (or revert) to the State.
I know there’s a law passing on how much rent they can ask for but I wanted to know if it went all the way through
answered on Feb 29, 2020
The Tenant Protection Act of 2019 was enacted last summer. If you are interested in becoming familiar with how it impacts tenants' rights, you may want to look at this website: https://www.nysenate.gov/newsroom/articles/2019/new-rights-tenants-housing-stability-and-tenant-protection-act-2019-1
My tenant got a order to show cause after receiving a eviction notice.Do I have to file a new Eviction notice if she was granted a extension and doesn't leave?Do I have to call the marshal to schedule a eviction or will it be automaticaly?or do I have to wait 14 days after she's scheduled... View More
answered on Feb 24, 2020
The Marshal will not automatically reschedule an eviction. The landlord or his/her attorney must take the initiative. Whether you have to serve a new notice depends on the exact language of the court order disposing of the OSC
I’m renting a room in a private house, no lease agreement only verbal. Owner hasn’t told me but heard he sold house. What are my rights in this situation, I have no place to go and been paying my rent faithfully. Please I need help.
answered on Feb 23, 2020
If a property is sold, the new owner essentially steps into the shoes of the previous owner and does not have more rights than the previous owner with respect to existing tenancies. In New York, a landlord must commence a case in Housing Court to obtain possession of a rental unit from a tenant.... View More
My father was declared brain dead on Jan 9th, and passed away on Jan 24th. His girlfriend has made 2 withdrawals using ATM, one of which weeks after death. The DA said that it's not illegal if he gave her permission; but, how can he give permission if dead? They are not married. He died... View More
answered on Feb 13, 2020
Regardless of whether you are able to convince the DA to take action, the Estate can commence civil litigation to recover any funds wrongfully withdrawn.
If you signed you lease while the law was in effect, can the broker now try to back track and charge you a fee?
We signed our lease feb 7th and was told that we do not have to pay a brokers fee, now that the law has been placed on hold they want to charge us a fee
answered on Feb 3, 2020
When your current lease expires, you should be able to get back any extra security deposit should you decide to renew.
I received a eviction notice this week to leave by the 31st which is in 2 days. Btw I was at work.
answered on Jan 29, 2020
Unless there was a case already pending, any effective legal steps the landlord could take towards evicting a tenant take much longer than two (2) days. Generally, tenants have an obligation to allow access to their apartments upon appropriate notice for the landlord to inspect and repair... View More
I live at the state of New York (long island), and have rented a house with several other tenants. Each one of us has its own lease contract. My lease contract specifies 24-hour notice for the landlord before entering the house! But my landlord kept entering the house without giving notice. Can she... View More
answered on Jan 28, 2020
Usually, it is improper for a landlord to rent out individual rooms in an apartment to different tenants. Therefore, the bigger issue may be that the use of your apartment is illegal.
They own a home out there & I'm an only child.
answered on Jan 23, 2020
The law varies in different states. You are more likely to receive a useful response if you post your questing in the New Jersey instead of New York section of this board.
I signed a lease with a roommate for one year starting Jan 2020. It is now 20 days in, and I am planning on moving out and not paying rent(which in turn does break lease) but the reason being is because roommate is violating the lease by subletting to her boyfriend and I do not feel comfortable.... View More
answered on Jan 21, 2020
since I have not reviewed you actual lease, I cannot provide an answer for your specific situation. Generally, roommates are jointly and severally liable for the full amount of rent to their landlord and a roommate that leaves before the expiration of a lease remains liable to the liable to the... View More
Hello I bought a house 15 years ago for $350K. The down payment was $35K and he paid for it with my own money. I put my girlfriend on the house title.I paying the mortgage. We broke up 5 years ago.I take care of this house. I did remodeling.
We were together for almost 20 years but she... View More
answered on Jan 19, 2020
This is a common situation that can be resolved through negotiations or, if a settlement cannot be reached, through litigation by bringing a partition action and asking for an accounting as part of the case. Technically, the court can order a sale of the property but not a buyout of one party by... View More
So now my aunt is 90 years old they shipped her to Italy and they sold her house and my kids never got their share that the Aunt promised them. I have it on video tape that the end gave a testimony to She said that she always had this paperwork in her safe at the bank but my sister-in-law ripped it... View More
answered on Jan 17, 2020
Directions for how real estate or other assets are to be distributed after someone's death must generally be contained in a properly executed Will to be enforceable. There are a number of formalities that go along with executing a Will and if they are not properly followed the... View More
After 5 years we would sell the house and split the monies. This sister is a lot shady. Can my brother and I force her to sell? I believe she has a felony
Conviction and we never appointed her executrix. If we did we never received papers for it what would be our recourse. She has... View More
answered on Jan 14, 2020
If an estate has not already been created, you may file a petition in Surrogate's Court to be appointed Administrator. In that role you could compel a sale of the house and take additional action. There is no requirement that you hire an attorney but most people find it extremely helpful.
Child turned 18 11/2019. Why are they asking for his signature on a Consent to Probate form.
answered on Jan 7, 2020
Unfortunately, without more information about what your son is being asked to sign there is no way to accurately answer your question.
answered on Dec 5, 2019
If the landlord is not address issues with rodents or required repairs, a tenant can commence a HP Proceeding in Housing Court to compel the landlord to act.
I have a tenant who had a month to month lease. The tenant was here less than 6 months and was given a 30 day notice of non-renewal. She is still here passed the lease end date. How do I get her to leave?
answered on Dec 2, 2019
If a tenant does not vacate at the end of his or her term, a landlord can commence a holdover proceeding to obtain a judgment of possession and schedule an eviction. The process can take a good amount of time so the sooner you get started the better.
I live in upstate NY and currently trying to break my lease due to unsafe living conditions such as broken windows in common areas (It's 20 degrees right now), harassment by other residents, drafty windows and poor heating (Again, Upstate NY is really cold), and so much more. I emailed my... View More
answered on Nov 22, 2019
From the description you provided, it appears that the property manager is not adding terms to the lease but allowing you to negotiate for an early termination for the payment of a fixed sum. This type of early termination fee is commonly negotiated regardless of whether it is included in the... View More
I have been living in my apt for 5 years 2 month. 1st year I had a lease then month-to-month (I guess)
Then mid Oct I recieved a call there needs to be a home inspection. OK porential buyers want to keep me. SO far so good
Fast forward, Nov 22, landlord calls me, you must be out... View More
answered on Nov 22, 2019
If the premises is not rent-regulated and you don't have the protection of a current lease, the landlord can request that you move upon 90 day written notice. In the event that you don't vacate by the expiration of the notice period, the landlord would have to next commence a holdover... View More
Other than that- there are other serious issues with the apt such as the building hasn’t had gas for close to a year- wanted to see if i had an actual case of suing
answered on Nov 21, 2019
You can consult with a personal injury attorney regarding the possibility of commencing a case for any personal injury to determine if you have a claim worth pursuing. As for the conditions in the apartment, you may commence a HP Proceeding in Housing Court against your landlord to obtain an order... View More
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