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Questions Answered by Elaine Shay
2 Answers | Asked in Real Estate Law for New York on
Q: What is the procedure to put a lien on a buyer’s home after a purchase offer is signed off by both parties

Two deals by out of town purchasers who submitted purchase offers on a home my husband and I own. After securing a loan and passing inspection the first buyer reneged on completing the deal. He is located in Connecticut .Is it possible to put a lien on his home in CT.? Second buyer(as I have been... Read more »

Elaine Shay
Elaine Shay answered on Sep 17, 2019

Generally, when a real estate contract is executed, the purchaser makes payment of a 10% downpayment that is held in escrow. If it is determined that the Purchaser defaulted on the contract, the Seller has rights to retain the downpayment as liquidated damages.

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2 Answers | Asked in Estate Planning and Landlord - Tenant for New York on
Q: I'm a tenant in NY state. How long does it take to evict a tenant when owner is selling the house (and is family)?

My aunt has recently taken over my grandmother's finances. She has had many issues with my father and is not a nice person. She sent my family and I a letter stating once my grandmother passes, she will have control of the house and we will have 60 days to get out. We have been paying rent for 15... Read more »

Elaine Shay
Elaine Shay answered on Aug 24, 2019

Unless you are a rent-regulated tenant or have the protection of an unexpired lease, the owner of a property (or the owner's representative) has the ability to commence a holdover proceeding to recover possession of the rental unit after giving the tenant Notice of Termination. In the case of a... Read more »

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1 Answer | Asked in Landlord - Tenant and Real Estate Law for New York on
Q: Hi, I am renting a room from a tenant in NYC, she has asked me to leave.

Hi, I am renting a room from a tenant in NYC, she has served me a 30 days early termination of sublease paper. I may not be able to find another place to live by September 1st, and am planning on staying if that is the case. Can she legally do this? What will be the next steps for her if I don’t... Read more »

Elaine Shay
Elaine Shay answered on Aug 12, 2019

The terms of your sublease and the type of and manner in which you were served are all relevant to determining in your roommate is acting properly. Regardless, if you do not comply with the demand to vacate, the tenant's next step would be to serve you with court papers to seek your eviction.

1 Answer | Asked in Real Estate Law for New York on
Q: I own a home with my daughter’s mother. We are both on the deed and on the mortgage. We split up about 2 years ago, I

Was forced to leave the residence she has paid the mortgage ever since. I have put close to 100,000 into the home, including the down payment. My question is can she sue me and take sole possession of the home?

Elaine Shay
Elaine Shay answered on Aug 12, 2019

When co-owners cannot resolve a dispute regarding the proper division of their interests in real property, either party can commence a partition case in court and seek an accounting. If the parties cannot negotiate a buyout agreement, ultimately the court can order the sale of the property and... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: One month prior to the lease expiration and given oral notice for non-renewal. The tenant stayed after lease expired.

I send out an written notice of termination with 1 week extension. Would that be sufficient to proceed for eviction process in NYC.

Elaine Shay
Elaine Shay answered on Aug 12, 2019

Probably not. The Tenant Protection Act of 2019 ("TPA") which was recently adopted by New York creates additional protections for tenants and imposes expanded responsibilities on owners seeking to recover possession of rental units. Since the change to the law is so recent, even the NYC Housing... Read more »

2 Answers | Asked in Real Estate Law for New York on
Q: I am in contract to buy a home in NY, the seller has a Medicaid lien on the title and is having trouble clearing it.

My question is, how long do I have to wait to cancel the contract and get a refund on my deposit?

Elaine Shay
Elaine Shay answered on Aug 12, 2019

Generally, the contract of sale between the parties determines this issue and establishes the means of objecting to delay and demanding the return of the downpayment. Therefore, the best place to start in obtaining answers to your questions should be with the attorney you retained to represent you... Read more »

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1 Answer | Asked in Civil Rights, Constitutional Law and Landlord - Tenant for New York on
Q: Landlord walked in on me changing, I didn't pay rent because of it, they want to evict me. What action can I take?

My landlord/owner of the house I'm renting the basement opened my locked door while I was changing, walked right in. I did not pay rent for July ($200, verbal agreement to pay by the last day of each month) and was given a notice to pay within 2 weeks or vacate the premises. However, they made it... Read more »

Elaine Shay
Elaine Shay answered on Aug 9, 2019

From the description of your living arrangements, I suspect that the unit is not "legal". As a result you may have defenses to claims for unpaid rent. However, unless you have a lease or are rent-regulated, provided the proper court process is commenced, the landlord will ultimately be entitled... Read more »

2 Answers | Asked in Real Estate Law for New York on
Q: Is it required in New York for a deed to be recorded in order it should be valid?

In some states it is required and in some not

Elaine Shay
Elaine Shay answered on Aug 7, 2019

Anyone receiving a deed would be taking a tremendous risk by failing to record the deed. If the last owner of record executed a subsequent deed to another party without notice of your deed, their interest in the property would be superior to that of the holder of the unrecorded deed.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Landlord Installed the Wrong Sink/Faucet and Won't Fix It

We live in a rent stabilized NYC apt. Our bathroom sink had cracks that finally caved in leaving a hole.

After 6 years with a dedicated super, the landlord decides they'll only have a part-time Porter for cleaning & a tech/repair person only on a contract basis. So management orders the new... Read more »

Elaine Shay
Elaine Shay answered on Aug 5, 2019

If you have conditions in your apartment that you believe would constitute a violation, you can start an HP Proceeding in Housing Court. An inspector will be sent to your apartment and issue a report of any violations that are determined to exist and the landlord will be required to fix the... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Tried to break lease when I bought a home. Complex said no I have to sublease with a 300.00 fee and another deposit.

Is this legal...been there 5 years and I have to find the tenant even though their turnaround is high. Manager said they started subletting program 2yrs ago because too many people were buying houses our lease is a one year lease with no mention of subletting. I am now paying rent and a mortgage... Read more »

Elaine Shay
Elaine Shay answered on Aug 5, 2019

If your lease has not yet expired and you are attempting to get out of your contractual obligation to pay rent for the remaining unexpired term, the landlord has a right to negotiate for the terms that they are willing to consider. If an agreement can't be reached, a tenant generally remains... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can we terminate a room rental lease immediately since the room is flooded and can not keep paying for tenant in hotel?

The tenant has flooded his room, and we can not prove it yet, but we want him gone immediately. How do I do this? I gave him a termination of lease but in the state of new york says have to give them 30 day notice from his next rent due date, so that makes him eligible to stay too long. Can we make... Read more »

Elaine Shay
Elaine Shay answered on Aug 5, 2019

Curious how you are renting a "room" unless you have an SRO. In any event, you may simply want to consider negotiating a settlement as litigating the matter will take longer than you seem prepared to deal with.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can my lease transfer to my family member for apartment?
Elaine Shay
Elaine Shay answered on Aug 5, 2019

If you are in a rent-regulated apartment, there are certain circumstances where immediate family members who have been living with you the requisite time period may obtain rights to renewal leases in their names. In non-rent-regulated apartments, there is no such right and the terms are governed... Read more »

1 Answer | Asked in Landlord - Tenant and Real Estate Law for New York on
Q: I heard that landlords are no longer able to ask for 1st month, last month and security deposit. As of June 13 in NYC?

Is it true that the laws changed on the 13 of June 2019. Landlords are no longer able to ask for three ways and the security deposit cannot exceed 1 months rent. Is this true?

Elaine Shay
Elaine Shay answered on Jul 22, 2019

Landlord's are permitted to hold one month's rent as a security deposit and are still entitled to require payment of first month's rent.

1 Answer | Asked in Real Estate Law for New York on
Q: how can i evict mentally ill tenants from my home with a month to month unwritten lease

i need to evict my friends from my home because there is toxic tension between them and my boyfriend.

Elaine Shay
Elaine Shay answered on Jul 22, 2019

If you cannot prevail on your "friends" to voluntarily vacate, you will need to commence a summary proceeding in Housing Court. Although you are not required to retain an attorney, there are numerous technicalities that can result in the dismissal of your case. Therefore, usually better to bite... Read more »

1 Answer | Asked in Real Estate Law for New York on
Q: Besides annual dues what other payments are mandatory in an HOA? Is a Reserve Assessment mandatory or only “Special A.”?

We have to pay a “Road Reserve Assessment (To Build Reserve for Future Road Replacement)“, but this was not voted on. No data, proposals, estimates were given at meeting just a board member’s word that this needs to be done and that the ONE company he picked is the best to do it.

Elaine Shay
Elaine Shay answered on Jul 22, 2019

The By-Laws set the rules for the operation of the HOA.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can a landlord retaliate against tenant for invoking their rights?

-Girlfriend and I move into motel room since November of last year.

-Owners want us to leave for July 4th and tell a few days prior

-We tell them that we have to give us more notice than that.

-They offer(via text) us another room smaller but more money .

-We... Read more »

Elaine Shay
Elaine Shay answered on Jul 19, 2019

Generally, a landlord is not precluded from commencing a nonpayment proceeding simply because of a dispute with a tenant over other issues. If the money is owed it is not retaliatory to simply demand payment that is due.

2 Answers | Asked in Estate Planning, Real Estate Law, Tax Law and Intellectual Property for New York on
Q: If there are 2 owners on a house and only one is paying the taxes how do you get a receipt in that 1 persons name ?

In my mother's name a grandparent had left money for me to purchase a home or use for college once I was of age . My mother had withdrawn the money once we found our small home and my father had convinced me to put his name on the home in case of any accidents or lawsuits . 3 years later the story... Read more »

Elaine Shay
Elaine Shay answered on Jul 19, 2019

You can keep proof of whom has made payments for taxes and other expenses regardless of how receipts are issued for the tax payments. However, unless you have an agreement with the co-owner of the property regarding the division of expenses, the co-owner is not automatically required to pay half... Read more »

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1 Answer | Asked in Landlord - Tenant for New York on
Q: What is difference between lease and rental agreement?

are they both same applicable to tenant rights?

Elaine Shay
Elaine Shay answered on Jul 18, 2019

Generally, what you call a document does not matter much. If it walks like a duck and quacks like a duck, it's a duck.

2 Answers | Asked in Real Estate Law for New York on
Q: I received a Buildings Department complaint about an illegal basement apartment being rented.

First I have no tennant's. Secondly I the owner occupy the apartment and have been for almost 30 years with no complaints. When my parents and aunt & uncle purchased the house the apartment was already there from the previous owner. When the previous owners purchased the house from the original... Read more »

Elaine Shay
Elaine Shay answered on Jul 16, 2019

Any building in NYC that is used or designed to be occupied as three separate living units is considered a multiple dwelling and must maintain a multiple dwelling registration. However, if the property is a legal two-family it is not eligible to file a multiple dwelling registration and the use of... Read more »

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Home owner. How do I prove "guests"in my house received rental agreement 30 days prior
Elaine Shay
Elaine Shay answered on Jul 16, 2019

Why you are trying to "prove" something often influences how to go about proving it. In court, evidence has to be in admissible form but in other settings there is generally no such standard. Obviously, if you have a written rental agreement that would be useful but you know better what "proof"... Read more »

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