Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Elaine Shay
1 Answer | Asked in Real Estate Law for New York on
Q: I am an administrator of a rental property after my partner passed away (previous owner). What rights do I have?

I am the partner of the previous owner of the building, who passed away. I am now administrator. I am considering a rent adjustment, transferring responsibility of utilities to the tenants, etc. What rights do I have to make changes? Am I the highest ranking person in charge of the building? I am... Read more »

Elaine Shay
Elaine Shay answered on Mar 14, 2022

Your status with respect to the property depends on a number of factors. For example, do mean business or romantic "partner" and has Surrogate's Court appointed you as the Administrator? These and other factors determine the scope of your rights and responsibilities with respect to the property.

1 Answer | Asked in Real Estate Law for New York on
Q: Hello. How can I protect real estate assets purchased from personal money ?

My husband and I take a set amount of personal money and put the rest of our pay in a joint account. I would like to use my personal money to purchase real estate that I will put under an LLC. If we get divorced, how can I protect these real estate investments from becoming marital assets that need... Read more »

Elaine Shay
Elaine Shay answered on Mar 11, 2022

It's unclear what you are actually asking. Generally, investors hold real estate in the name of a corporation or LLC to protect against personal liability. If you are asking a different question, it would help to be a bit more clear.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can tenant still be evicted after applying for rental assistance that is pending?

We have a tenant who has almost never paid rent in full since he started living here but when covid started he stopped paying or would pay small amounts. We were hoping to be able to convict him once the moratorium was over but now he applied for the rental assistance program and it's pending.... Read more »

Elaine Shay
Elaine Shay answered on Mar 11, 2022

How does ERAP affect my eviction case?

If you have a pending eviction proceeding, your ERAP application will stay (temporarily stop) your eviction case. This stay remains until a decision is made on your ERAP application. Housing Court will not hear your case and you cannot be evicted...
Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can my landlord refuse to let someone from staying in our apartment because he doesn't like them?

My landlord evicted them from there apartment.

Elaine Shay
Elaine Shay answered on Mar 7, 2022

Generally, a landlord cannot prevent a tenant from having the guests of his or her choice visit or stay over in an unregulated rental apartment. However, if the tenant does not have a lease or is otherwise protected, a landlord may commence eviction proceedings against a tenant that allows guests... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: trying to transfer father's lease (rental apartment) to his daughter. what kind of letter is needed?
Elaine Shay
Elaine Shay answered on Mar 7, 2022

Leases are generally not transferable without the consent of both parties. If you are instead referring to succession rights, that is a different question.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Is my landlord responsible for property stolen outside apartment building when tenant was refused to bring item inside

Item was delivered but left outside because tenant was told not allowed to bring item inside apartment

Elaine Shay
Elaine Shay answered on Mar 7, 2022

Probably not as this did not prevent the tenant from storing the item in a different location.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can a wife use landllord & tenant court to kick an ex Husband out of the home she owns that they both live in for years?

tHEIR 24 YEAR OLD, EMPLOYED COLLEGE GRAD SON LIVES WITH FRIENDS IN ny cITY

Elaine Shay
Elaine Shay answered on Mar 1, 2022

Maybe, but the preferred method is to bring an ejectment action.

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for New York on
Q: Prior to the new changes, who inherits property in PR if grandfather died nearly 30 yrs ago?

Out of 7 children and my grandmother, my aunt is the only living child. 24 grandchildren, including her children are living. Under the previous law, who would have been executor of estate and rightful heir? Under new law, I read that we all are. One cousin lives there for years. My aunt claimed... Read more »

Elaine Shay
Elaine Shay answered on Feb 27, 2022

The state where a decedent lived at the time of his/her death determines which law applies for the determining distribution of estate assets. In New York, if there is not a will that provides for a different distribution the order of inheritance is outlined at this link:... Read more »

1 Answer | Asked in Contracts and Real Estate Law for New York on
Q: If I don’t have a lease , do I have squatters rights?

My mother lived in this apartment and I took it over . The landlord knew about me taking it over and agreed to it . I never signed any paperwork . He hasn’t fixed one single whole in the walls . Hasn’t got me a new fridge or a working stove . I’ve been here since November and have been paying... Read more »

Elaine Shay
Elaine Shay answered on Feb 16, 2022

If you have been paying rent directly to the landlord and the landlord has accepted your payments, you shouldn't have to rely on "squatter's rights" but are instead a tenant entitled to legal protections afforded by the Housing Stability and Tenant Protection Act of 2019 as well... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: Our landlord signed new tenants but didn’t tell us when he was signing the new people, can we stay in the house?
Elaine Shay
Elaine Shay answered on Feb 10, 2022

Landlord's are not required to disclose to non-regulated tenants of their future plans for a rental unit. In the event a tenant does not have a lease and is not rent-regulated, a landord is required to serve the appropriate notice under HSTPA to terminate an existing tenant's tenancy and... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: Our landlord is threatening to evict us if we don't replace siding on the house ( it was off before we moved in) Can he?

Moved in Aug 2019; siding was off long before we got here. Contract states we are responsible for repairs and maintainence; but I would assume siding would not be included. It is going to cost upward of $5,000 to do this. He also wants us to repair the roof ( which was also damaged before we moved... Read more »

Elaine Shay
Elaine Shay answered on Feb 10, 2022

Unless a tenant the protection of an existing lease or is a rent regulated tenant, the landlord does not need cause to terminate a tenancy. However, if a tenant has complained about conditions that require repair and the landlord is acting in retaliation for good-faith complaints, the tenant may... Read more »

1 Answer | Asked in Real Estate Law for New York on
Q: Condo Board refuses to remove liens that have been fully paid.

I’m in New York and fell behind on my condo association common charges due to illness. The Condo Board placed several liens on my property. I’ve paid half of what’s owed but it’s been 20 months and they still have not removed any liens. My understanding is that they have 30 days to... Read more »

Elaine Shay
Elaine Shay answered on Feb 10, 2022

Your post mentions that you have paid about half of what was owed; therefore, it doesn't seem as if there is a basis to remove the liens yet. Instead of suing, a better way of proceeding may simply be to have an attorney negotiate a resolution of the situation on your behalf.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Hi I am landlord of New York State. I rent out a basement and the agreement is we will pay the electricity.

But the tenants use so many electricity per month and I got a thousand electricity bill per month. What can I do. The contract will be ended after 1.5 years.

Elaine Shay
Elaine Shay answered on Feb 4, 2022

Parties are responsible for the bargains they make by written contracts such as a lease. Therefore, if a tenant is using the rented premises as intended by the lease and the electric charges are higher than the landlord may have expected, the tenant is not under an obligation to agree to modify... Read more »

4 Answers | Asked in Landlord - Tenant and Personal Injury for New York on
Q: Being sued along with tenant for a dog attack. Am I responsible?

I'm a landlord in FL with a property in NY. The suit claims that my tenant's dog attacked a minor. It wasn't in the lease but we had verbally told the tenant that no pets are allowed. Am I still liable for the damages caused? What are our next steps?

Elaine Shay
Elaine Shay answered on Feb 4, 2022

There is no way to determine from your post if you are actually liable. However, it is important to appropriately respond to any litigation that has been commenced. If you have insurance, the first thing to do is notify your insurance carrier and it may assign counsel to represent you.

View More Answers

1 Answer | Asked in Landlord - Tenant for New York on
Q: can i use my security deposit as last months rent in long island?
Elaine Shay
Elaine Shay answered on Feb 3, 2022

Security deposits are intended to be available to pay for any damage to the apartment caused by the tenant before vacating. Applying the security deposit to last month's rent would defeat that purpose and, therefore, is not appropriate. That being said, landlords don't have many options... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: How long can a "guest" stay in an apartment for and how many hours until it is considered a tenant?

Ex; a roommates bf staying over every night, parking in the driveway, eating dinner and breakfast. Using the bathroom IE utilities, heat electric TV everyday for months. Should he be considered a tenant and start contributing towards the rent.

Elaine Shay
Elaine Shay answered on Jan 31, 2022

Someone doesn't become a "tenant" based upon the number of hours they spend at an apartment. A tenant is someone with a contractual relationship with a landlord to pay rent for the occupancy of the apartment. It seems that what you are describing is simply a "house guest"... Read more »

1 Answer | Asked in Real Estate Law for New York on
Q: Lease is up in July. Have mentally I’ll neighbor harassing me. She has called the police twice.

Lease is up in July. Have mentally I’ll neighbor harassing me. She has called the police twice for imagined incidents. The last incident a few days ago, she called the cops claiming I threw keys at her daughter. I wasn’t even home. I was at work. Boyfriend did not let cops in. Woman became... Read more »

Elaine Shay
Elaine Shay answered on Jan 29, 2022

Unfortunately, both you and your landlord are in a tough place. The landlord cannot simply evict your neighbor because she may suffer from mental health issues as this would be a prohibited type of discrimination. However, if your neighbor's conduct endangers other tenants, the landlord may... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: Does a landlord in NY State have to serve notice to quit/cure prior to filing petition Holdover Recover Real Property?

Serving a 30 day notice together with rent demand isn't sufficient service to then proceed with a Holdover petition to Recovery Real Property? No notice to Cure or Quit ?

Elaine Shay
Elaine Shay answered on Jan 27, 2022

A rent demand is served in connection with starting a nonpayment case not a holdover proceeding. Since landlord's that are self represented are held to the same standards as those who retain counsel, avoid being penny wise and pound foolish and hire a local attorney to assist you with your... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: my house was sold at tax auction , the buyers are threatening me with a lockout eviction . what are my rights?
Elaine Shay
Elaine Shay answered on Jan 25, 2022

If your house was sold at auction, you may still have time to redeem your interest in the property. With respect to occupancy of the property, the purchaser will have to obtain an order permitting you to be evicting and should not resort to self-help.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Do I have to pay my landlord a fee for breaking my lease if other tenants in the home have made it uninhabitable?

Tenants who live in the same home have locked me out of the apartment, made verbal threats, and continually harass me. The home is no longer accessible for me and is threatening my safety.

Elaine Shay
Elaine Shay answered on Jan 24, 2022

If you have a written lease with your landlord, you remain responsible for your obligations, including rental payments, until the lease expires or is terminated with consent of both landlord and tenant. If you have roommates that you are on the lease with or whom you invited to reside with you,... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.