Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Elaine Shay
2 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: What to do if my ex friend (not on our lease) does not leave in 30 days as she has been informed she should?

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

Elaine Shay
Elaine Shay
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

View More Answers

1 Answer | Asked in Landlord - Tenant and Banking for New York on
Q: I have a question regarding the rights of landlords to assign fees for the return of rent checks for NSF....

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

Elaine Shay
Elaine Shay
answered on Apr 11, 2019

The fees that a landlord is allowed to charge depends upon the terms of the lease.

1 Answer | Asked in Real Estate Law for New York on
Q: My mother wants her name off a deed to heir land and wants to transfer it to me. How do we do this?

The land is in North Carolina, we live in NY

Elaine Shay
Elaine Shay
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.

2 Answers | Asked in Contracts and Real Estate Law for New York on
Q: Can another offer on a home/property be accepted once a purchase offer has been accepted, and documents signed?

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

Elaine Shay
Elaine Shay
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

View More Answers

2 Answers | Asked in Real Estate Law for New York on
Q: For a unmarkble title what can I do to fix it
Elaine Shay
Elaine Shay
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.

View More Answers

1 Answer | Asked in Landlord - Tenant for New York on
Q: My landlord just informed us they sold our home and want us out May 1st, This was verbel when we payed our rent.

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

Elaine Shay
Elaine Shay
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

1 Answer | Asked in Landlord - Tenant for New York on
Q: I have lived in apartment 10 yrs, am I responsible for painting and new carpet?

Normal wear

Elaine Shay
Elaine Shay
answered on Mar 31, 2019

Unless your lease specifies otherwise, a tenant is not responsible for normal wear and tear.

1 Answer | Asked in Landlord - Tenant for New York on
Q: If you are served with an eviction notice for no fault of your own are you expecvehavehavehavehavehavehavehavehavehaveht

Do I pay rent for the 30 days I was given to vacate the premises

Elaine Shay
Elaine Shay
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

1 Answer | Asked in Landlord - Tenant for New York on
Q: When meeting the tenant of a room I'll be subletting from, what are good legal precautions to take before paying them?

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

Elaine Shay
Elaine Shay
answered on Mar 25, 2019

Generally, in New York, sublets require consent of the landlord.

1 Answer | Asked in Consumer Law, Landlord - Tenant and Real Estate Law for New York on
Q: regarding housing and 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

Elaine Shay
Elaine Shay
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.

2 Answers | Asked in Real Estate Law for New York on
Q: I live in a house with my 2 boys who are the children of my ex domestic partner. He owns the house and will not

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?

Elaine Shay
Elaine Shay
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

View More Answers

2 Answers | Asked in Real Estate Law for New York on
Q: I am a buyer. I need to cancel signed purchasing real estate contract and get deposit back.

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

Elaine Shay
Elaine Shay
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.

View More Answers

1 Answer | Asked in Landlord - Tenant for New York on
Q: My tenant is threatening or is taking me to court over an emergency work...

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

Elaine Shay
Elaine Shay
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

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for New York on
Q: MY NEIGHBOR PUT A BRICK PILLAR FOR A DRIVEWAY GATE ENCROCHED 9 AND A HALF INCHES INTO MY PROPERTY ..HE NEVER PUT A

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

Elaine Shay
Elaine Shay
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

1 Answer | Asked in Real Estate Law for New York on
Q: I have lived in my rent stabilized apartment for over a decade now and have never been offered a lease. should I be?

Also if i have preferential rent of around $870

and the previous tenant had $540 is that a rent increase?

Elaine Shay
Elaine Shay
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.

1 Answer | Asked in Real Estate Law for New York on
Q: My mom is selling her house to another family member without a realtor. She wants to use the same attorney. I don’t

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?

Elaine Shay
Elaine Shay
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.

2 Answers | Asked in Real Estate Law for New York on
Q: Hello, I received an eviction notice but I paid the rent before the date mentioned
Elaine Shay
Elaine Shay
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

View More Answers

1 Answer | Asked in Landlord - Tenant for New York on
Q: I've just been told by a HPD inspector I will have to vacate in 30days due to illegal bsmt apt.

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

Elaine Shay
Elaine Shay
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

3 Answers | Asked in Consumer Law, Real Estate Law and Civil Litigation for New York on
Q: Bankrupt Rescap failed to file Mortgage Satisfaction for loan pd in 1999, who should we file motion against?

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

Elaine Shay
Elaine Shay
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.

View More Answers

1 Answer | Asked in Real Estate Law, Civil Litigation and Construction Law for New York on
Q: I live in a condo in New York City. Abatement for defective vent that blows foul smells into apartment?

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

Elaine Shay
Elaine Shay
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

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.