If the property is not rent-regulated and you do not have a current lease, the landlord may seek to compel you to move by serving you a Thirty (30) Day Notice. If the tenant fails to vacate at the expiration of the noticed period, the landlord can commence a holdover proceeding in court to obtain... View More

Generally applications to the Court are made by Motion or Order to Show Cause. If there was a Stipulation of Settlement, it is possible that a different means of resolving disputes was provided for.

In NYC, a landlord is immediately able to commence a holdover proceeding in Housing Court upon the expiration of the lease. If a landlord accepts rent from a tenant after the expiration of the lease, a month-to-month tenancy is usually created and must be terminated by service of a thirty (30) day... View More

Yes, these creditors may have claims to any surplus monies

NY tenants may be entitled to a rent abatement if a landlord fails to make necessary repairs or provide services. That does not automatically mean a tenant "can" withhold the entire month's rent and a landlord can still commence a nonpayment case. However, to avoid legal fees and... View More

Your best bet is to move forward expeditiously with the eviction process. In the meantime, you should consult with the attorney handling your landlord/tenant matter regarding obtaining access.

The rights of the landlord to access an occupied apartment can be impacted by the provisions in a lease as well as the purpose for desired access. More information would be useful to provide a relevant response.

You've done a nice job of laying out a complicated factual situation; however, the best way to get proper advice is by meeting with an attorney that can review the situation more thoroughly. The issue I see is that termination of parental rights and adoption of S by G's brother may have... View More

Although you may not be personally liable for the payment of the mortgage it still remains a lien against the entire property and has priority over your interest in the property. Your percentage interest in the property after the mortgae is satisfied depends upon your contribution to the purchase... View More

It isn't clear from your question what type of situation you are referring to by reference to a court appointed transactional attorney. Was the property in receivership? Was a guardian appointed? Was there a foreclosure sale? Was an administrator or executor appointed by Surrogate's... View More

Since the property is in South Carolina, the question is more appropriately directed to a local attorney in that state.

Federal laws do not generally set occupancy limits on real property in the various states. Instead the more relevant question would be what are the local laws pertaining to the issue... many may be found in local building code laws and regulations.

The issue of what a Co-op can do is controlled by a combination of the by-laws, proprietary lease and relevant laws. Assuming these support the ability of the Co-op to collect for the cost of the repair, you may need to seek judicial relief in the form of a stay to prevent the collection of the... View More

Generally, in non-emergency situations, neither the landlord or landlord's agent is permitted to enter a tenant's apartment without notice. In your description of the problem, you mention having four roommates each with your own separate lease and assigned room. Depending upon the type... View More

Yes! You can file a claim for damages from the illegal eviction.

In order to address your question, the notice you received would have to be reviewed.

Landlords are prohibited from harassing or retaliating against tenants who exercise their rights. For example, landlords may not seek to evict tenants solely because tenants:

Make good faith complaints to a government agency regarding violations of any health or safety laws

Take... View More

In NYC if a landlord fails to make necessary repairs, a tenant may commence an HP Proceeding in Housing Court. A housing inspector will inspect the premises and report any violations so that the landlord can be compelled to make necessary repairs.

In order to evict a tenant in New York City, a case must be commenced in Housing Court. Before commencing the case, certain predicate notices must be served. If you are a tenant without a written lease in a non-regulated apartment, you should expect to receive a 30 Day Notice before any court... View More

Generally, an Affidavit of Service cannot be amended at a later date. Instead another later Affidavit would be executed. I respectfully disagree with my colleague's opinion that you can essentially ignore the returned mailing attempt. The statute clearly states the mailing must be made... View More