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Questions Answered by Elaine Shay
2 Answers | Asked in Landlord - Tenant for New York on
Q: Hi I have a some one move out 2.5month ago But he leave some things behind What can I do
Elaine Shay
Elaine Shay 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... Read more »

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2 Answers | Asked in Real Estate Law for New York on
Q: evicting disabled student

Parents have a disabled daughter scheduled to attend grad school

Elaine Shay
Elaine Shay answered on Apr 23, 2020

At the moment we are in the midst of a 3 month stay of all eviction proceedings.

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3 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: The windows in our apartment were not installed properly since we moved in One fell out and hit us do we have a case

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... Read more »

Elaine Shay
Elaine Shay 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... Read more »

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2 Answers | Asked in Real Estate Law, Landlord - Tenant and Legal Malpractice for New York on
Q: Can I sue my building management for poor back of building care.

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... Read more »

Elaine Shay
Elaine Shay 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.

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1 Answer | Asked in Landlord - Tenant for New York on
Q: Can my landlord rent out the garage and driveway to a non tenant to use it everyday for mechanical work on people’s cars

Especially during this pandemic

Elaine Shay
Elaine Shay answered on Apr 15, 2020

You can call 311 to file a complaint

1 Answer | Asked in Real Estate Law for New York on
Q: NYC Housing Question

I am a medical resident with a large hospital in Brooklyn. My program offers subsidized housing while working/studying. I recently moved and the housing office says my security deposit will be returned I'm 2-3 months. That doesn't seem right.

I thought NYC law required a... Read more »

Elaine Shay
Elaine Shay answered on Apr 15, 2020

Your correct... The Tenant Protection Act of 2019 requires security deposits be refunded within two weeks. Unfortunately, the Courts are closed to non-essential matters. As a result, if you wanted to commence a case, you will probably not have an opportunity to do so before the security deposit... Read more »

5 Answers | Asked in Contracts and Real Estate Law for New York on
Q: I’m a seller, we’re in contract (contingent on finding new home) however, due to the corona we can’t . Can we cancel?

I’m a seller, we are selling our home and have been in contract for a few months. We did receive a down payment. The contract is contingent on finding another home, however we have not been successful and the Corona pandemic has halted the search. We want to pull out of the deal and return the... Read more »

Elaine Shay
Elaine Shay answered on Apr 15, 2020

You are certainly not alone in being a party to a real estate contract that has been impact by the COVID crisis. The options available to you depend upon the exact terms of your written contract of sale. Although I'm sure you have an attorney representing you in the transaction, it would be... Read more »

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2 Answers | Asked in Probate for New York on
Q: In NY, who can file for probate of will? Is it only the executor or can a beneficiary (i.e. child of deceased) file?

Need clarification about who must file for probate following a relative's death. Relative in question has multiple children and one of the children is named executor of will. However, I want to know if any beneficiaries in the will can initiate probate.

Elaine Shay
Elaine Shay answered on Apr 14, 2020

Generally, the individual named as executor files the Petition to probate the Estate with the Surrogate's Court. If the Executor fails to act in a timely manner, a beneficiary may instead be entitled to file.

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1 Answer | Asked in Civil Rights, Constitutional Law and Real Estate Law for New York on
Q: Relatives not heirs, invades and builds a house on a land that belong to senior heirs living in PR w/out permission

One or two bully relatives in Camuy Puerto Rico, not heirs, invaded and started to build on land that belong to disable senior heirs w/out their permissions; Three of the heirs died, one lives in NY, and the other 2 seniors own homes and lived on that land for years. Eventhough the senior heirs... Read more »

Elaine Shay
Elaine Shay answered on Apr 12, 2020

Since the property is in Puerto Rico, you should post your question in an area with attorneys from that jurisdiction.

3 Answers | Asked in Estate Planning and Real Estate Law for New York on
Q: will there be any problems with selling properties in a trust that was signed by PoA on the same day the grantor passed

We thought the trust was done weeks before but it wasn’t. The lawyer handling it or boggling it said no title company would insure the property thus creating a big problem

Elaine Shay
Elaine Shay answered on Apr 12, 2020

If the transfer by the Trust is not a different disposition than what the Estate would have made, you may be able to find a title company to insure the transaction provided all would be beneficiaries of the Estate consent and waive possible objections.

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1 Answer | Asked in Landlord - Tenant for New York on
Q: My landlords make noise constantly throughout the day and night, is there any league ways I can get them to stop?

They are constantly slamming all doors including cabinets and so on. They also constantly yell while being in the same room as each other, to the point that it’s almost as if I’m in the same room as them. This also includes verbal fights. The most recent of which was at 12:15am. I’ve lived... Read more »

Elaine Shay
Elaine Shay answered on Apr 10, 2020

As the courts are closed to all but essential business because of the COVID19 health crisis, there is probably not much hope a having this issue addressed by the courts in the near future. Practically speaking, the type of problem you are describing is difficult to address even without a health... Read more »

3 Answers | Asked in Foreclosure, Real Estate Law and Small Claims for New York on
Q: Ex-partner and myself is on mortgage; how do I go about removing my name?

We separated two years ago, and part of our agreement was for me to move out, and she'll retain the home, as long as she can maintain the monthly payments. At the time of agreement, I didn't have the resources to do things the RIGHT way and wanted the path of least resistance to just take... Read more »

Elaine Shay
Elaine Shay answered on Apr 7, 2020

Generally, a lender will have no reason to remove you from the obligations of a mortgage until the loan is fully satisfied as a result of a sale or refinance.

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2 Answers | Asked in Real Estate Law for New York on
Q: My lawyer in NY state refuses to be a limited POA in a house closing during the coronavirus lockdown. How to do

I am over 70 and have immune condition. I have no family in the area of closing to sign as POA. Can my real estate agent be POA (I am the buyer)

Elaine Shay
Elaine Shay answered on Apr 6, 2020

Generally, there is no limitation on whom you can designate as your POA. Practically speaking, the seller or more frequently the lender involved in the transaction may have limitations as to what types of POA is acceptable.

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1 Answer | Asked in Landlord - Tenant for New York on
Q: Can an email from the apartment management company be used as a replacement for a concession rider?

I recently signed a lease with a company for an apartment. The company is not the landlord of the apartment. They basically lease the apartment from the actual owner, then lease the apartment back to individual renters like me. The whole process happened on the phone and online.

The company... Read more »

Elaine Shay
Elaine Shay answered on Apr 5, 2020

Signing a contract/lease with different terms than have been previously represented is never a good idea. Generally, if a lease has not yet been executed by both parties, it is not considered a binding contract yet.

Instead of worrying about whether the concessions will actually be...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: Can I sue my landlord if my child got pricked by a needle in the building?

Theres a drug user in my building that does drugs in the staircase. My daughter and I were walking up the stairs and she was pricked by a needle on the floor we didnt see.

Elaine Shay
Elaine Shay answered on Apr 5, 2020

Assuming you are asking about a personal injury case. Hopefully your daughter has no injuries besides the prick from the needle. In that case, most personally injury attorneys would be uninterested in the case because damages are calculated based upon the extent of an injury. Generally, damages... Read more »

1 Answer | Asked in Real Estate Law for New York on
Q: Father past away step mother still living , she was left with multiple assets properties, will the children receive

anything?

Elaine Shay
Elaine Shay answered on Apr 2, 2020

That depends upon whether your father left a will or died intestate (without leaving a will). If there is a will, it controls the distribution of your father's assets. If there is no will, a proceeding call an administration can be commenced in Surrogate's Court and the wife and... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: Resident for 8 years, my deposit was $999 my landlord is now requesting an additional $941 for security, is that legal?

I moved into my home 8 years ago, at that time my rent was $1495 and my security deposit was $999. My rent has been raised a few times over the years. My rent is currently $1775 and my landlord is raising it to $1940 (it will also included water and heat - new change) and also requesting that I pay... Read more »

Elaine Shay
Elaine Shay answered on Apr 2, 2020

Yes, when a lease is renewed, a landlord is entitled to ask for an increase in the security deposit being held. The landlord is permitted to hold a maximum of one month's rent for security.

2 Answers | Asked in Real Estate Law, Landlord - Tenant and Small Claims for New York on
Q: What rights do I have as a renter during the pandemic?

I am locked into a lease until August. Recently, my household income has taken a huge hit due to reduced hours worked and wages earned, and we are struggling to make ends meet. I have always made payments early and have a great history with this company. I contacted my landlord and explained the... Read more »

Elaine Shay
Elaine Shay answered on Apr 2, 2020

As the COVID-19 crisis continues and because eviction proceedings are currently suspended, many landlords are becoming more flexible in renegotiating lease terms in both residential and commercial settings. It's possible that your landlord will be more open to negotiations as time goes on.

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2 Answers | Asked in Landlord - Tenant for New York on
Q: Hello I wanted to know if you can use your security deposit to cover your last month of rent?

My lease states “landlord may use the security to put amounts owed by tenant, including damages.”

Elaine Shay
Elaine Shay answered on Mar 30, 2020

Technically, most leases do not allow a tenant to apply a security deposit to the last month of rent. This makes sense because a security deposit is intended to protect a landlord for the cost of damages to the apartment. If it is used for last month's rent, a landlord would then have no... Read more »

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1 Answer | Asked in Real Estate Law and Land Use & Zoning for New York on
Q: My dad has land in P.R. and passed away in June 2018. How can I go about gathering or claiming information on that land?

It is my understanding that my father and his siblings each purchased a piece of land in PR at the same time more than 30 years ago.

My father was NOT married when he purchased the property. He then went on to marry my mom whom he divorced in 1990 before passing in June, 2018.... Read more »

Elaine Shay
Elaine Shay answered on Mar 19, 2020

It would be better to post your question about how to find information about property ownership in a board for Puerto Rico where the property is locate. If you intend to file to probate/administer your father's estate, the proper place to file will depend on where your father resided at the... Read more »

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