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Questions Answered by Elaine Shay
2 Answers | Asked in Real Estate Law and Estate Planning for New York on
Q: My late father did not include me in his life estate. My mom is the life tenant and my brother is the remainderman.

My brother recently passed away, now it's just me and my mom. Is there any way for me to be added to the life estate?

Elaine Shay
PREMIUM
Elaine Shay
answered on Apr 8, 2024

If the holders of the interest in the property agree, it should be possible. Feel free to contact for more info.

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1 Answer | Asked in Landlord - Tenant for New York on
Q: Does a written lease agreement take precedence over previous leases/intent when the listed lease term is incorrect?

My fiancée and I have lived in our current apartment in Upstate New York for just under 8 years. After the first, our leases have historically run 1 Oct--30 Sep. We've been happy with the property and management, but an opportunity arose to upgrade to a townhouse in a community that rents out... View More

Elaine Shay
PREMIUM
Elaine Shay
answered on Mar 4, 2024

Generally, the terms of the most recent written lease control the term of the tenancy, including the end date of the lease.

1 Answer | Asked in Landlord - Tenant and Personal Injury for New York on
Q: can i sue my landlord, my ESA dog fell out a 2nd story window. none of my windows are compliant with building code

esa dog is in critical condition amputated leg

Elaine Shay
PREMIUM
Elaine Shay
answered on Mar 4, 2024

While landlord's generally have responsibility to install child safety bars for children, there is no such requirement for pets. Generally when a pet is injured or killed the liability is limited to cost to purchase pet or cost of treatment for injury.

3 Answers | Asked in Divorce and Real Estate Law for New York on
Q: I am getting divorced. My wife and I purchased a home. However I am the only party on the mortgage. We are both on the

Deed.. She does not have the ability to buy me out or attain her own financing for the mortgage. We have a 4 year old child. Can I assume that the only course of action for the court is to force the sale of the home being that my wife wishes to keep the home? I do not wish to carry the debt for a... View More

Elaine Shay
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Elaine Shay
answered on Feb 12, 2024

Especially when a minor child is involved, a matrimonial court is not limited to forcing a sale of the property in the situation described.

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3 Answers | Asked in Real Estate Law for New York on
Q: Two borrowers (not married) on a Joint Mortgage - one moves out, other stays

Two borrowers on a Joint Mortgage (since 2016) - one borrower moves out over a year ago, other borrower stays in the house with their own kids. The borrower that moved out is now telling the borrower who still lives in the property, that they want to either get "paid their portion of the... View More

Elaine Shay
PREMIUM
Elaine Shay
answered on Feb 6, 2024

When co-owners of a property disagree about the use of property or payment of expenses, either party may commence a partition case to force a sale of the property. Whether one of the owners has children or is a single parent is not determinative of their rights.

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2 Answers | Asked in Landlord - Tenant for New York on
Q: A Stipulation Agreement for Rental Dues, what can I do? Possible Consequences? Fearing Eviction.

My husband and I have fallen back severely on the rent, due to personal health issues we have ended up owing close to 20,000 in rent with multiple months unpaid for. Today was the court date and there was a stipulation agreement put into place where he would have to pay all the months of rent... View More

Elaine Shay
PREMIUM
Elaine Shay
answered on Jan 17, 2024

You may be able to obtain financial assistance to satisfy rent arrears by applying for a "one-shot deal"

https://access.nyc.gov/programs/one-shot-deal/

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2 Answers | Asked in Estate Planning and Probate for New York on
Q: Am I legally required to administer my mother's estate if she died owing money?

My father passed away in March of 2023 with $200k in the bank, his name only, no will. My mother passed away 5 months later with no money but several debts. I am currently administering my father's estate, but one of my mother's creditors insists that I am legally required to administer... View More

Elaine Shay
PREMIUM
Elaine Shay
answered on Jan 16, 2024

If a decedent predeceased his spouse without a will, the spouse was a beneficiary of the decedent's estate and the spouse's share of any inheritance must pass through to that spouse.

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2 Answers | Asked in Real Estate Law for New York on
Q: escrow account created after forced sale and my siblings didn’t notify me of sale and escrow . This is Puerto Rico

There are 4 heirs in this scenario. My father’s wife and his two children. I had received a letter in 3/20( Covid) i was sick al’s in hospital. It’s

my believe the property may have been sold under value , in 2010 the value was at 47,900

I just found out they the grape vine... View More

Elaine Shay
PREMIUM
Elaine Shay
answered on Jan 2, 2024

If your father was a resident of Puerto Rico and the property is also in Puerto Rico, you question is better directed to an attorney in that jurisdiction.

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2 Answers | Asked in Landlord - Tenant for New York on
Q: Does a tenant need to pay partial costs for items (fridge, cabinet, carpeting) at move out ? No lease in place.

Tenant lives in the Bronx and does not have a current lease. The landlord is asking they pay for repairs/upgrades needed to household items (ex. fridge, cabinet, carpeting). Tenant moving out at beginning of month, and paying for the full month. Landlord will be keeping deposit.

Is tenant... View More

Elaine Shay
PREMIUM
Elaine Shay
answered on Dec 5, 2023

Generally, the law in New York does not mandate that rent be prorated if a tenant occupies an apartment for only a portion of the month. Tenants are responsible for damage to an apartment during their occupancy but not for upgrade that are not made at their request.

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2 Answers | Asked in Probate for New York on
Q: Archive.com ad Familysearch.com provides death date information, is this acceptable?

With death information provided by this online site which also connects deceased family members with their other relatives, may I use this information in place of a death certificate? Thanks for your previous response.

Elaine Shay
PREMIUM
Elaine Shay
answered on Nov 26, 2023

No, this type of website info is not a substitute for a death certificate

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2 Answers | Asked in Landlord - Tenant for New York on
Q: Can i start a legal case against my building if they refuse to exterminate and caulk floor due to thick gaps?

I have tiny beetles infestation in my toddler and I apartment which as of sep 9th has been notified to the building manager. The manager states he cant caulk the floor due to “possible expansion and elevation of the foundation” and the exterminator stated “they will eventually go away” i... View More

Elaine Shay
PREMIUM
Elaine Shay
answered on Oct 11, 2023

You can commence an HP proceeding in Housing Court. The Court will schedule an inspection and if violations are issued the landlord will be order to make necessary repairs and/or exterminate.

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4 Answers | Asked in Real Estate Law and Legal Malpractice for New York on
Q: Real Estate Closing, NY Is it legal for my lawyer to hire a lawyer to represent me at closing, without my permission?

I was charged for the outside lawyer to represent me at the closing.

Elaine Shay
PREMIUM
Elaine Shay
answered on Aug 31, 2023

It is not uncommon for law firms to assign associates or use an of counsel attorney to attend closings on behalf of a client. Your retainer agreement should specify the charges that you will incur.

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1 Answer | Asked in Landlord - Tenant for New York on
Q: where can I get a for to evict a person from my home, rent is not the problem
Elaine Shay
PREMIUM
Elaine Shay
answered on Jul 24, 2023

This website should have helpful information for you: https://ww2.nycourts.gov/courts/8jd/chcforms.shtml

3 Answers | Asked in Landlord - Tenant for New York on
Q: Does the law prohibit a landlord of a rent stabilized NYC building to accept one year payment in advance plus security

from a tenant who otherwise would be rejected because of insufficient credit?

Elaine Shay
PREMIUM
Elaine Shay
answered on Jul 14, 2023

Prepayment of rent is considered to be an additional security deposit that is prohibited by the Housing Stability and Tenant Protection Act of 2019. So a landlord cannot accept one-year prepayment of rent.

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2 Answers | Asked in Real Estate Law for New York on
Q: is it legally possible to be real estate agent, home inspector, and notary at the same time in new york?

I want to be all three of these things, and its been brought to my attention that there are ethical concerns and could possible lead to conflict of interest, but am planning on keep these three things separate and providing for other people's transactions.

Elaine Shay
PREMIUM
Elaine Shay
answered on Jun 9, 2023

There is no legal prohibition against being a real estate agent, home inspector and notary that I am aware of in New York State. However, there may be ethical/legal considerations that would prohibit an individual from acting in all three roles simultaneously at the same time or in the same... View More

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3 Answers | Asked in Real Estate Law and Tax Law for New York on
Q: my brother owns a home, i am his only sister and relative does it automatically pass to me upon his passing

should i get documentation before he passes and how would that impact me in terms of taxes

Elaine Shay
PREMIUM
Elaine Shay
answered on May 18, 2023

Your brother may direct the disposition of his property in any manner he decides upon in his Will. In the event that your brother passes without a Will, if he is a New York resident his property would pass according to applicable law which the following link summarizes:... View More

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1 Answer | Asked in Landlord - Tenant for New York on
Q: I had no heat from Dec 23,2022 - February 28,2023. I withheld rent. Received papers to move out end of may. Can I fight?

This on top of him being a not so attentive manager.

Elaine Shay
PREMIUM
Elaine Shay
answered on May 18, 2023

Failure to provide essential services can entitle a tenant to a partial rent abatement. If you were served with a holdover proceeding, you may be entitled to claim retaliation for report of conditions as a defense. Seriously consider seeking legal representation in your area for assistance.

2 Answers | Asked in Landlord - Tenant for New York on
Q: i gave 500 for an apartment i never moved into but i was never told it was nonrefundable can i get my money back?

I put 500 for an apartment i never moved into due to my job relocating me i was never told it was nonrefundable or else i would have never given the money

Elaine Shay
PREMIUM
Elaine Shay
answered on May 8, 2023

If you disagree with the determination by the Landlord or Property Manager, you may want to consider commencing a case in Small Claims Court.

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3 Answers | Asked in Landlord - Tenant for New York on
Q: Is it against a tenant right for a landlord to prevent them from using the kitchen, stove and refrigerator and hot plate

The occupancy is renting a room within someone’s dwelling

Elaine Shay
PREMIUM
Elaine Shay
answered on May 4, 2023

Landlords are not legally permitted to subdivide and rent out separate areas of an individual apartment to different tenants. If you are renting directly from the owner of the building, you should give serious consideration to speaking with and retaining an attorney to assist you.

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