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Questions Answered by Elaine Shay
1 Answer | Asked in Landlord - Tenant for New York on
Q: Can I get rid of a tenant without stating the reason. How do I start this?

The tenant is doing drugs in the appartment

Elaine Shay
Elaine Shay
answered on Nov 13, 2019

Determining the most expeditious way to proceed depends, at least in part, on what type of tenancy is involved. Does the tenant have a lease? How long has the tenant lived in the apartment? Is the apartment rent-regulated?

Answers to these and other questions will determine your options...
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1 Answer | Asked in Landlord - Tenant, Civil Rights and Communications Law for New York on
Q: So last night I accidentall locked myself out can I bill landlord/ super

I’ve only been here for almost a week. So last night I accidentally locked myself out of my apartment that I’m staying in. My girlfriend aka owner of apartment wasn’t home and the super “wasn’t available ” to help me. I’ve only been here for like almost a week. So I called fire... View More

Elaine Shay
Elaine Shay
answered on Nov 7, 2019

Generally, the expense of damage cause to an apartment (or apartment door) is caused by a tenant or a tenant's guest the tenant is responsible to the landlord for these damages. In that situation, if the landlord's super repairs the damage, the landlord can seek recovery for the cost of... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Hi, I have a question about rent stabilization, vacancy increases and preferential rents in NYC.

I recently requested my rent history. It tells an interesting story.

No one in my (formerly regulated) unit has paid the “legal rent” since 1993. All tenants have since paid a preferential rent, never more than $1,450. However, despite this, every time a tenant moved out (7 times in the... View More

Elaine Shay
Elaine Shay
answered on Oct 29, 2019

The situation you described involving the preferential rent isn't surprising. The 18%-20% increase is generally associated with vacancy increases. If you want to challenge the deregulation, you can always take a shot with the DHCR

1 Answer | Asked in Foreclosure, Real Estate Law, Landlord - Tenant and Legal Malpractice for New York on
Q: The hoa foreclosed and sold my house for non payment of dues and evicted me. Now they are renting it out. Legal?

I was temporarily not living there while evicting an ex girlfriend. She is the one served on the paperwork i want my house back and the 16000 dollars ive wasted on living and animal boarding

Elaine Shay
Elaine Shay
answered on Oct 29, 2019

It is legally possible to foreclose against a property owner for nonpayment of common charges. This process could have legally proceeded even if you were not personally served with the papers commencing the case; however, the affidavits of service and other documents would need to be carefully... View More

1 Answer | Asked in Foreclosure for New York on
Q: Is it bank can open foreclosure case without signed affidavit from (client) bank employee ?

Bank open a foreclosure case with out client(bank) Signed affidavit .

If no affidavid shouldn’t open this case or

Shouldn’t started ? Am I wrong ?

How it’s work ? Thank you

Elaine Shay
Elaine Shay
answered on Oct 29, 2019

Like other litigations, foreclosure cases are commenced by service of a summons and complaint not be service of an affidavit.

2 Answers | Asked in Foreclosure and Landlord - Tenant for New York on
Q: I am a tenant, home in process of foreclosur lease agreement still effective from previous landlord what are my rights?
Elaine Shay
Elaine Shay
answered on Oct 29, 2019

Foreclosure procedures can take a good amount of time. Until the court appoints a receiver or the Plaintiff actually receives a Judgment of Foreclosure and Sale, you are still obligated under the terms of your existing lease with the owner. After a foreclosure auction, the new owner effectively... View More

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1 Answer | Asked in Real Estate Law for New York on
Q: how does property lein effect a closing
Elaine Shay
Elaine Shay
answered on Oct 20, 2019

Generally, the lien has to be removed prior to closing or the title company may be willing to hold a sufficient amount in escrow to satisfy the lien so the closing can proceed.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can a person you evicted. Come to your home to visit your tenant.

Is there a way I can not allow them in my property

Elaine Shay
Elaine Shay
answered on Oct 20, 2019

Generally, tenants are free to invite anyone they like to their apartment regardless of your feelings about it. However, if you had an Order of Protection preventing the visitor from coming to the building that would be different.

1 Answer | Asked in Foreclosure and Real Estate Law for New York on
Q: NY house is being sold in a forclosure auction. Need to remove my personal property. Do I need permission from the ban

Do I need permission from the bank to remove my personal property before the sale?

Elaine Shay
Elaine Shay
answered on Oct 20, 2019

Are you the owner or a tenant? If you are the tenant, the lender would have no interest in your personal property. However, if you start taking appliances, the lender may not believe you own them. Likewise, if you are the owner, the lender would not be interested in your personal property but... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: My landlord is refusing to amend a lease to comply with new laws, what recourse do I have?

I signed a lease in July of 2019, but did not receive a countersigned lease until August 15th 2019. In June 2019, new laws went into effect that neither we (Tenants) or our landlord (LL) were aware of at the time. One of the laws states that the LL cannot charge more than 1-months security deposit... View More

Elaine Shay
Elaine Shay
answered on Oct 18, 2019

The law would be controlling in the situation you described. If you can't persuade the landlord to return the extra security deposit to you, you could take the landlord to Small Claims Court. In the alternative, you could withhold the amount in question from your rent but the landlord might... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: : Can a landlord keep a security deposit?

I gave his Assistance $500.00 security deposit on August 23,2019,

Called & texted his assistance on the 31st of August to ask for the security deposit back, but in the text messages it tells me if the text has been read, I then texted her again letting her know that I know she has read... View More

Elaine Shay
Elaine Shay
answered on Oct 18, 2019

It isn't clear from your description why the landlord would give you back the security deposit you paid. If you just moved in a security deposit would not usually be refunded to you until after you had vacated. If you signed a lease and paid the security deposit then but changed your mind... View More

1 Answer | Asked in Real Estate Law for New York on
Q: Do both sides of buying a house have the right of seeing the closing documents before a house closing?

Mr 1 and Mr 2 went to court over a house Mr 1 won 75% Mr 2 25% so Mr 2 needs to sell his part to Mr 1. Which will be like a house closing. With tittle and everything. But Mr 1 lawyers refuse to show the closing documents for Mr 2 lawyer before the closing.

Elaine Shay
Elaine Shay
answered on Oct 18, 2019

Mr. 2 needs to stop relying on Mr. 1's lawyer and get his own representation.

1 Answer | Asked in Real Estate Law for New York on
Q: I have a question regarding breaking a lease agreement less than 24 hours after i signed it

The owner said he would refund my months rent and deposit once its rented but hes no longer showing the apartment and not returning my calls

Elaine Shay
Elaine Shay
answered on Oct 15, 2019

The recently enacted Tenant Protection Act of 2019 is good news for you. The Tenant protection Act makes clear that residential landlords have a duty to mitigate damages by attempting to re-lease an apartment when a tenant has broken a lease. Therefore, your "landlord" may be hurting... View More

1 Answer | Asked in Real Estate Law for New York on
Q: Can fire stairs be legally used for day-to-day going between floors? Landlord says fire code only allows the elevator.

My company rents six floors of a commercial building. So we often go between floors, and currently can only do so by elevators -- which is annoying, time-consuming and a disincentive to healthy stair-climbing.

Could we get access to the fire stairs, to use them for going between floors?... View More

Elaine Shay
Elaine Shay
answered on Oct 8, 2019

Tenancies are contractual relationships that are governed by the terms of their lease. Reviewing your lease is the best place to start in determining your rights.

1 Answer | Asked in Consumer Law, Contracts, Foreclosure and Real Estate Law for New York on
Q: Adverse Possession ? 1/11/2006 foreclosed 6/2006, knew not a thing about it and they sold it 3/2015. Does this meet it

Said they served my daughter 1/11/06, Forecosed on 6/2006. Knew nothing until 3//2015. 3/2015 Friend told me my home was being sold. 1/2005 home next door was 100% destoyed by water damage. The bank knew for a fact where I was living.

My daughter stated in court papers she was never... View More

Elaine Shay
Elaine Shay
answered on Oct 8, 2019

I'm sure you are anxious for an answer but a real answer to your situation would best be sought by having an attorney review all the documents and facts related to your situation.

1 Answer | Asked in Real Estate Law for New York on
Q: If my husband acquires a condo in Puerto Rico, must he put my name on the deed?

The condo is currently in his daughter's name, though he paid for it. She's considering transferring it to him.

Elaine Shay
Elaine Shay
answered on Oct 8, 2019

There is no obligation for married people to include the name of their spouse on title to property that they may acquire.

1 Answer | Asked in Landlord - Tenant for New York on
Q: If the landlord is renting a basement space to the tenant but in fact the space is a cellar space, is the lease valid?
Elaine Shay
Elaine Shay
answered on Oct 5, 2019

Most rentals of basement/cellar apartments are violations of relevant housing codes. The landlord may be subject to fines for the improper use and the tenant may have a defense to the landlord's efforts to recover rents. It may be possible to negotiate a settlement that results in a payment... View More

1 Answer | Asked in Consumer Law and Real Estate Law for New York on
Q: Our Super charges a months rent to renters, he thinks no one knows. How can we stop this and there be justice

No one will talk except among themselves

Elaine Shay
Elaine Shay
answered on Oct 3, 2019

If you are the landlord and employ the super, you may consider terminating the super's employment. If you are already a tenant, you can refuse to pay an unauthorized charge or bring the issue to the landlord's attention.

1 Answer | Asked in Real Estate Law for New York on
Q: are coops in Westchester subject to warranty of habitability law? Is mgmt responsible to force shareholder to repair?

If a shareholder is negligent in doing self renovations that is causing water/mold damage to shareholder below does management company and/or board have a responsibility to force the shareholder to make repairs? Can management tell affected shareholder "it is your problem to deal with the... View More

Elaine Shay
Elaine Shay
answered on Oct 3, 2019

Generally, as the tenant pursuant to a proprietary lease, a coop owner is afforded rights under the warranty of habitability. Therefore, with the proper approach the Coop Board should not be able to brush off your problems.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Is there anyway to prove that our former landlord took a lot of liberties with the damages he claims we made?

Up until now we had a great relationship. Very friendly and quite respectful. I pushed to get more explanation regarding the discrepancies we had with the damage caused and the responsibility. He responded with legal threats. Saying he would file a police report for harassment.

Elaine Shay
Elaine Shay
answered on Sep 20, 2019

Pursuant to the Tenant Protection Act of 2019, unless the landlord provides you with a written statement including an itemization of any amount that would be withheld the landlord is required to return your security deposit within 14 days of your surrender of possession If the landlord fails to... View More

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