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Questions Answered by Elaine Shay
1 Answer | Asked in Landlord - Tenant for New York on
Q: I have family visiting with a service dog , I have given landlord papers on service animal & landlord served us

With a notice to cure within 5 days

Elaine Shay
Elaine Shay
answered on Jan 28, 2019

So it sounds like the Landlord was not satisfied with the papers you provided and is taking steps to commence a holdover proceeding to evict you from the apartment. A Notice to Cure is the first predicate notice usually served in the process followed by a Notice of Termination and then the Notice... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: Maintenance issues in a luxury NYC apartment

We moved in to what we thought was a luxury high rise building in Sept 2018. We thought we'd made it.

It started out with our super refusing to do an apartment walk through with us as I requested several times before we moved in. So I sent him a list of things I had noticed when we... View More

Elaine Shay
Elaine Shay
answered on Jan 28, 2019

There are a number of things that you can do to compel your landlord to make repairs. The first would be to commence an HP Proceeding in Housing Court to correct any violations. However, you may also attempt to seek a rent abatement because of the conditions in your apartment. Individuals are... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: I went to court on December 7,2018 for a OTSC I was denied it’s been a month and I have not been served with eviction

PaperS my question is what would happen would I be sent back to court or can they just evict me without warning?

Elaine Shay
Elaine Shay
answered on Jan 8, 2019

Generally, you must be served with a 72 Hour Notice by the Marshal before your eviction takes place.

1 Answer | Asked in Landlord - Tenant for New York on
Q: I'd like to know if my tenant can get evicted if the stipulation states to accept payment for December nothing further?
Elaine Shay
Elaine Shay
answered on Jan 7, 2019

Without reviewing the entire stipulation, an accurate answer to your question cannot be provided. If you had an attorney represent you in the case, you should direct your question to that attorney.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Property is being sold with an active fixed term lease, do I have to move?

I have an active one year fixed lease, that does not state anything of early termination of the lease if the house is sold. The only thing my lease does state about early termination is that the tenant and owner both habe the right to terminate the lease with a 60 day written notice. With that... View More

Elaine Shay
Elaine Shay
answered on Jan 7, 2019

Unless you are a rent-regulated tenant, your lease provides the basis for your rights and obligations. If the lease provides that the landlord can terminate the tenancy on 60 days notice without cause, then the fact that the landlord may elect to do so to facilitate a sale of the property would... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: Landlord wants me to move out do to construction im on a month-month rent is that legal?
Elaine Shay
Elaine Shay
answered on Jan 7, 2019

If you are not rent-regulated and do not have a lease, the landlord can seek to terminate your tenancy without cause. However, if you do not voluntarily surrender the apartment, the landlord will be required to commence a holdover proceeding in Housing Court to regain possession of the apartment.... View More

1 Answer | Asked in Family Law and Landlord - Tenant for New York on
Q: My apartment is full of rats and roaches and landlord won't fumigate I have 2 children and it's a basement what can I do

I asked my landlord to fumigate due to rats and roaches and fix things that needed to be repair. He kept telling me month after month he would but wouldnt. He recently came to say his going to renovate and sell the house and want me to move out. The apartment I live in is a basement I have 2young... View More

Elaine Shay
Elaine Shay
answered on Jan 7, 2019

Since you describe living in a basement apartment, it is likely that you are living in one of the many "illegal" basement apartments that are common in the area. Therefore, it may not be safe for you to live in the apartment with your children. Ultimately, you will have to move if the... View More

2 Answers | Asked in Probate for New York on
Q: What is the average fee to transfer ownership of a house that will go into probate because of the death of the owner?
Elaine Shay
Elaine Shay
answered on Dec 14, 2018

Many factors, such as whether the decedent had a will, go into determining the legal fees that may be incurred in association with transferring title to a home after the passing of the owner. Therefore, would probably be most helpful in your situation to consult with various attorneys of your... View More

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: What are tenants' rights with no lease in Flushing that are being evicted this month? Rent was always on time.

The rent was just increased again and tenants agreed, but asked for a couple of basic repairs, which landlord said no to because he couldn't afford it. I suspect it's not a legal rental too.

Elaine Shay
Elaine Shay
answered on Dec 9, 2018

Tenants have numerous rights but some vary depending upon the the size of the building and whether the tenancy is rent-regulated. If an apartment is not rent-regulated and a tenant does not have a lease, the landlord has the right to terminate the tenancy and seek to recover the apartment through... View More

3 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: My husband and I are renting with the option to buy can we get our money back?

We just moved in found black mold after a week and 1/2 then the neighbors told us that the seller/ landlord new about the mold but covered it up. I am highly allergic which the seller knew before we moved in and I cannot stay in the home. If a lease with option to buy is considered a sale... View More

Elaine Shay
Elaine Shay
answered on Dec 3, 2018

You may be able to negotiate terms that would allow you to "break" your lease. You may even have a claim for damages. You would probably have better results if you were to retain an attorney from the outset.

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1 Answer | Asked in Landlord - Tenant for New York on
Q: If I rent out my condo while I move abroad, how much notice must I give my tenants before I want to move back in?
Elaine Shay
Elaine Shay
answered on Nov 30, 2018

In part that depends upon the terms that you negotiate and include in your lease with any subtenant. However, you should be aware of two important points: (1) tenant's don't always do what they have agreed to do, and (2) even in a Condo you should check the applicable restrictions on... View More

2 Answers | Asked in Landlord - Tenant for New York on
Q: I signed a yearly lease with my landlord and then she sold the property. What now?

I signed a lease for next year. A month later a guy shows up on my door to say he is the new owner and wants me to sign a new lease which raises my rent a lot. The owner never told anyone she was selling. Why would she send us a lease if she wasn't going to own it? The new guy was aware that... View More

Elaine Shay
Elaine Shay
answered on Nov 29, 2018

A new owner steps into the shoes of the former owner with respect to existing tenancies. Therefore, you may seek to have the terms of your signed lease with the selling owner honored without agreeing to sign a new lease at a higher rent. If you have not yet moved in and the new owner attempts to... View More

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2 Answers | Asked in Real Estate Law for New York on
Q: How do you go about adding a person to the deed of a house. It isn’t bank owned.

And would said persons name be added to the taxes

Elaine Shay
Elaine Shay
answered on Nov 22, 2018

A new deed to be drafted, executed and recorded together with the appropriate tax transfer documents A local attorney can likely do it for you for a flat fee

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1 Answer | Asked in Real Estate Law for New York on
Q: In NY if an easement from 1920"s states that it terminates if buildings are demolished and one remains, is it valid?

there is no mention of an easement in current owner's deeds for neighboring properties. however, an easement search revealed an easement in the 1920's stating it would terminate if buildings demolished. Are current owner's subject to adhere to this easement although neither was... View More

Elaine Shay
Elaine Shay
answered on Nov 19, 2018

Easements can be express or implied. Generally an express easement must be recorded but it may be recorded as a separate document from a deed transferring title to the property. Since easement can be created and extinguished in a number of ways, the only way to properly assess the situation is to... View More

1 Answer | Asked in Real Estate Law for New York on
Q: I am being kind to a sibling who is having marital problems- in my residences I am allowing him to stay in a room -

No board - what should I do? It was our parent’s home up to Nov 2003. I have disability that is why and maintained property well- I appreciate your advice for protection- it is my parent’s child (NY Law) -if I was threatened? Is it month to month or sooner to evict? Thanks for response-

Elaine Shay
Elaine Shay
answered on Nov 19, 2018

If a license instead of a landlord/tenant relationship has been established, a Notice to Quit is required instead of a 30 Day Notice. After the proper predicate notice has been served, a holdover proceeding can be commenced in Housing Court.

If circumstance warrant, you may also seek...
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2 Answers | Asked in Real Estate Law for New York on
Q: I have a letter stating my parents left me a house. They died before Putting my name On the deed. Am I OK
Elaine Shay
Elaine Shay
answered on Nov 18, 2018

A letter would not have the necessary legal force to instruct the disposition of real property upon your parent’s passing. If your parents had wills, they would control the distribution of the property. If there were no wills, the intetacy statutes provide establish the hierarchy of those... View More

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2 Answers | Asked in Real Estate Law for New York on
Q: Closed on my home. Had oil tank filled, it's leaking. Any Recourse

Located in New York state.Had closing 2 weeks ago. Had home inspection for informational purposes. Tank was filled a few days ago and is leaking from a small hole. The real estate agent says there's not much we can do. Is this true?

Elaine Shay
Elaine Shay
answered on Nov 16, 2018

Speak to the attorney who represented you for the purchase. The attorney should be familiar with the terms of your contract and be able to advise you.

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2 Answers | Asked in Real Estate Law for New York on
Q: What (besides fees which are quoted at $5,000) can a co-op board do if owner of apartment illegally sublet his home?

Apartment was subletted out between owner and renter for 3 months but co-op board found out and is demanding tenant vacate immediately and $3,500 plus their attorney fees be paid by the owner. Owner had to leave NYC because father is very ill and mother is as well. Owner is having financial... View More

Elaine Shay
Elaine Shay
answered on Nov 16, 2018

The coop board may commence a holdover proceeding to evict the offending shareholder who is violation of the proprietary lease.

The shareholder might want to consider the adage “penny wise, pound foolish”. Personal circumstances do not change applicable law and experienced...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: Letter of termination from landlord

I recieved, nothing else prior to that. No warning or violation. I opened the mail nov 13 and it says i have to vacate by nov 29 due to violation of lease

(Abandonment, subletting, having people without landlords consent)

Well the tanant which is my mother . And she is out of town... View More

Elaine Shay
Elaine Shay
answered on Nov 15, 2018

Unless you are an attorney you would not be able to represent your mother. However an attorney can becretained to do so.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can landlord evict rent stabilizes senior citizen with no lease ?

Hello my 73 year old grandmother lives in Yonkers,NY ina rent stabilized apartments for over 33 years the new landlord says he will give her 5k to move out because they want to renovate the interior building all 5 tentants have moved out should she recieve more money and she doesn’t have a lease... View More

Elaine Shay
Elaine Shay
answered on Nov 13, 2018

Rent stabilized tenants have substantial rights that can prevent landlords from evicting regardless of whether Renewal leases have been properly offered. Therefore, depending on your grandmother’s specific circumstances, she may not have to move at all.

However, if your grandmother does...
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