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My fiance and I have an apartment, & a few years ago we let my friend could come stay with us while she looked for a new apartment. Since then, she can't seem to get on her feet & has a major setback every yr that prevents her from moving. She pays rent & utilities, but is often... View More
answered on Apr 17, 2019
In the situation you described, you are essentially in the role of landlord to your "friend". Like any other landlord in a similar situation you will be required to commence an appropriate proceeding in Housing Court to obtain a legal eviction. If you take act without court... View More
The management company of the property we rented had a relationship with someone at the bank that enabled them to verify funds were available before processing checks. Saving fees to both the management company and the tenants. As a result, any time throughout our 10 year tenancy that funds were... View More
answered on Apr 11, 2019
The fees that a landlord is allowed to charge depends upon the terms of the lease.
The land is in North Carolina, we live in NY
answered on Apr 11, 2019
The law and procedures for transferring real property vary between the different states so this question is better posed to a North Carolina attorney.
Purchase offer accepted. Signed papers in hand. Realtor sends email stating that another offer has been made on the property, and it is for more than what was accepted. So both parties need to come up with a new offer within a few days, and then they will accept the highest offer. Something to do... View More
answered on Apr 10, 2019
Simply put, it depends. Once you have entered into a contract to purchase property, a seller cannot simply backout because a better offer comes along. However, the issue is at what point you have an accepted offer that results in a binding contract. To evaluate your specific situation, a lawyer... View More
answered on Apr 10, 2019
Many different issues can cause title to be unmarketable and, as a result, there are different actions that may need to be taken. Examples include actions to discharge an ancient mortgage or quiet title. In any event, it makes down to sit down with a lawyer in your area to discuss your options.
We are unable to find a home for rent, and also will be difficult to pack up 5+ years in a whole house (attic, garage, shed, , 3 rooms, 4 bedrooms, one that belongs to my eldest son, forever 28, whom died here and I have not changed anything in his room.) I suffer from depression and anxiety... View More
answered on Mar 31, 2019
Unless you are in a rent-regulated apartment or have the protection of a lease, a landlord is permitted to verbally request that you move. If you fail to do so, the landlord may be required to serve a written notice before commencing a Holdover Proceeding in court to obtain a final judgment of... View More
Normal wear
answered on Mar 31, 2019
Unless your lease specifies otherwise, a tenant is not responsible for normal wear and tear.
Do I pay rent for the 30 days I was given to vacate the premises
answered on Mar 26, 2019
Generally, in New York, you are expected to pay rent and/or use and occupancy for the time you occupy a premises. This is usually true even if you are being asked to relocate by the landlord. When you rent a premises you do so for a limited period of time and unless the property is rent regulated... View More
I'm visiting apartments I'm interested in subletting and will be meeting the subletters in person – this doesn't vet against potential scams, though I'd guess. I'm planning on obtaining copies of drivers licenses and requesting their signature on a docusign. Is there... View More
answered on Mar 25, 2019
Generally, in New York, sublets require consent of the landlord.
if the land lord failed to make repairs and put my kids in danger, i am still married but live out of states due to work, i pay the full rent and come see my kids, i try to make some repairs, can i take the land lord to court to supreme court instead of housing court which is a joke to me, what... View More
answered on Mar 25, 2019
Generally, the most appropriate forum to demand repairs in a landlord/tenant situation is in Housing Court through an HP Proceeding. It would be unusual, costly and most probably substantially slower to try to commence a case in Supreme Court to compel repairs.
Put me on it. He wants to sell the house from under us I don’t make the income to keep it but have no family here or credit to rent or purchase. The boys have lived here their whole life. What can I do?
answered on Mar 25, 2019
Generally, if you have children with a property owner but are not legally married you would not have a claim to an ownership in the property. However, with the proper representation, the courts should recognize your financial dependence and compel the property owner to proceed in Supreme Court... View More
I was excited to buy a condo and was happy to sign a contract with 10% deposit in escrow account. However I learned that there is jail planning to be built 15 walking minutes away from where I am buying condo. Seller did not tell me that. I want to cancel purchasing and walk out. But I want to... View More
answered on Mar 21, 2019
Your first step is to speak with the attorney representing you in this transaction. He or she should be familiar with the terms of the contract you signed and should be able to explain to you any options in your contract that might allow you to take the course of action you would like to pursue.
An issue occurred about 2-3 weeks ago where this tenant called National Grid over a gas leak (not the first time since all the mains in the neighborhood have leaks and people smell gas everywhere). The National Grid people came and said there were no leaks. But tenants kept complaining so the... View More
answered on Mar 19, 2019
Landlords have the obligation to provide heat, hot water and other essential services. If these services are interrupted while repairs are being made, tenants may have the right to a rent abatement and may commence HP Proceedings in Housing Court where violations and hefty civil penalties can be... View More
DRIVEWAY GATE BECAUSE I TOLD HIM 3 YEARS AGO HE HAS TO MOVE THE PILLAR IF HE WANTS TO PUT THE GATE BECAUSE ITS ON MY PROPERTY..THE PILLAR HAS BEEN THERE SINCE 2009 I TOLD TO HIM HE HAS TO MOVE IT IF HE WANTS TO PUT THE GATE 2016 AND HE STOPPED BEING MY FRIEND ...IN 2017 HE STARTS TO PUT HIS... View More
answered on Mar 18, 2019
It isn't clear what your question is but you are correct to be concerned about a possible adverse possession claim. There is a statute of limitations that can bar you from objecting to an encroachment on your property and by waiting before bringing an action against your neighbor you may lose... View More
Also if i have preferential rent of around $870
and the previous tenant had $540 is that a rent increase?
answered on Mar 18, 2019
Rent Stabilized tenants are entitled to renewal leases. If your landlord refuses to provide you with a renewal lease, you can file a complaint with the DHCR.
trust the other family member & am trying to get her to hire her own attorney. Is it legal in NY for one attorney to represent both buyer & seller?
answered on Mar 18, 2019
With proper disclosure a lawyer may be permitted to represent both the seller and buyer in a real estate transaction. However, that does not make it a good idea!!! Regardless of whether the sale is to a stranger or a family member independent counsel is recommended.
answered on Mar 18, 2019
It's possible that your payment and the eviction notice crossed in the mail. However, it is never safe to simply rely on the fact that no action will be taken because you forwarded a payment. If you have in fact received an eviction notice, you can go to Housing Court and request an OSC to... View More
The owner was aware this was an illegal apartment and I now know they were warned by the court in 2017 about renting. Now I'm told I may be evicted by the City in 30 days and have no funds to move. I will need loans to move in such a short time if I can find a place that will accept me. Is... View More
answered on Mar 11, 2019
Unless you were issued an Order to Vacate, it is likely you confused what the inspector told you. I'd guess the inspector told you the landlord will have to send you a 30 Day Notice not that you must actually vacate in 30 days. There is a world of difference between the two and with proper... View More
Ocwen has a record that it's paid, but won't give us a copy of it. Title company requiring satisfaction and payoff check to release funds, they are not available to us, Mom is deceased. Title company knows that ResCap/GMAC went bankrupt. Ocwen has no legal obligation to provide a... View More
answered on Feb 28, 2019
If I understand you post correctly, you may need to do more than file a motion in bankruptcy court. Instead you may have to commence an action to quiet title.
The vent blows air into my apartment instead of withdrawing air as it should. Consequently, the whole apartment often fills several times a day with unpleasant cooking and bathroom smells from elsewhere in the building. My email records show that I have been complaining since 2008, sometimes... View More
answered on Feb 25, 2019
If you are the owner of a condo unit, you do not have a typical landlord/tenant relationship with the board as you would in a coop apartment. Therefore, abatement may not be the correct term to use. If you want the situation corrected, you will need to have the formation documents carefully... View More
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