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Questions Answered by Elaine Shay
1 Answer | Asked in Landlord - Tenant for New York on
Q: If I paid my rent with a money order and i received a receipt. Can my landlord force me to get a money order inquiry?

The management office in my building hired someone who was stealing rent checks. I paid my rent with a money order but they are unsure if they applied it to another account or if it was lost. I actually received a receipt from the office proving they received the money order and rent was paid.

Elaine Shay
Elaine Shay
answered on Nov 7, 2018

A better question might be why wouldn't you want to assist the landlord provided it doesn't require you incur any personal cost. If the landlord has no record of your payment, it could commence a nonpayment case against you at which you could be required to produce the information it... View More

2 Answers | Asked in Probate for New York on
Q: My father died before his predeceased sister estate was settled which he was willed 25%! What happens to his 25%

My aunt died 4years before my dad, my other aunt controlled the other 75%

Elaine Shay
Elaine Shay
answered on Nov 6, 2018

His estate becomes entitled to the 25% of his predecessors sister’s estate.

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2 Answers | Asked in Real Estate Law for New York on
Q: New York City Real Estate Law Question: Question in "More Information"

Is this correct?

If a building is not a coop/condo and a rent-controlled/stabilized apartment is vacated, the owner can charge a new tenant only (roughly) 20% more than the last renter paid.

BUT

If a building is t a coop/condo and a rent controlled/stabilized apartment is... View More

Elaine Shay
Elaine Shay
answered on Nov 5, 2018

Your post indicates that you do not properly understand how coops, condo, free-market rentals and rent-regulated rentals work.

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2 Answers | Asked in Landlord - Tenant and Real Estate Law for New York on
Q: How much time will a judge be able to give us to move out of an apartment that a landlord is trying to evict us from?

All payments were made on time, every month. there was no lease and my son is asthmatic. He never made any repairs to the house, it was falling apart, several holes where we had roaches, mice and possums in the house. Made a complaint to 411, so now he wants us out. Just looking for more time to... View More

Elaine Shay
Elaine Shay
answered on Nov 5, 2018

In New York, after the landlord obtains a judgment of possession in a holdover proceeding, the maximum stay of eviction a judge can grant is six (6) months. Generally, the court will initially give a shorter stay and it is conditioned on payment of “rent” called u&o during the time the... View More

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Can I rent an apartment in rent stabalized building and charge additional rent for the use of basement and backyard?
Elaine Shay
Elaine Shay
answered on Nov 2, 2018

Generally that is dependent at least in part on whether the use of yard and basement was something the previous rent stabilized tenants enjoyed.

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2 Answers | Asked in Landlord - Tenant for New York on
Q: Tenant is month to month has two month's security and owes 7 months rent what can I do to collect ?

Looks like her partner was kicked out they have a child together . She took someone else in the apartment . Can I go after the first partner is he responsible for back rent ?

Elaine Shay
Elaine Shay
answered on Oct 29, 2018

You can commence either a nonpayment or holdover case in Housing Court. If you hoping to actually collect the rent arrears and get into court more quickly, you would likely have better success with a nonpayment case. However, there are also other factors to consider so you should decide after a... View More

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2 Answers | Asked in Landlord - Tenant for New York on
Q: I rented an apartment to a couple and their child . they are now 7 months behind in rent.

I now learned from neighbor that she took in a new partner and she previously told me that she will pay half the rent and her first partner will pay half and pay the rent owned previously. Looks like she threw him out

Do I have to allow this new person to live... View More

Elaine Shay
Elaine Shay
answered on Oct 29, 2018

If your tenant(s) are seven (7) months behind in the rent, whether the tenant has a new person living in the apartment is the least of your concerns. When you allow rent arrears to accumulate over many months without taking action, a tenant may be able to successfully claim latches and prevent the... View More

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2 Answers | Asked in Land Use & Zoning and Real Estate Law for New York on
Q: I have used neighbors land for loading and unloading personal affects, for 48 years without permission.

The loading and unloading area is a driveway which is property of this neighbor

Elaine Shay
Elaine Shay
answered on Oct 26, 2018

Your question?

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1 Answer | Asked in Landlord - Tenant for New York on
Q: Landlord refuses to accept verbal notice of last day...

I rented an apartment in Rome, NY with a 12-month lease. I verbally informed the property manager, sometime in late July, that I would in fact be out by the end of our agreed lease 9/30/2018.

I was contacted on 10/25/2018 by the manager asking about October's rent, which I reminded her... View More

Elaine Shay
Elaine Shay
answered on Oct 25, 2018

A lease may contain an automatic renewal clause. In such case, the landlord must give the tenant advance notice of the existence of this clause between 15 and 30 days before the tenant is required to notify the landlord of an intention not to renew the lease. (General Obligations Law § 5-905).

1 Answer | Asked in Landlord - Tenant for New York on
Q: if the head of house hold moves, does the other tenant have the right to take over.. or has to move also?

Mind you the the head of house hold has section 8 and is taking it with them.. do I have the right to be able to stay and pay the regular amount or do I have to leave as well?

Elaine Shay
Elaine Shay
answered on Oct 24, 2018

That will depend on the type of property as well as whether you have a lease.

4 Answers | Asked in Real Estate Law for New York on
Q: Is an accepted offer on a house binding in the state of NY

We made an offer on a house which was countered by the seller. We agreed. We were contacted by the sellers agent to begin the process of inspection, septic, lawyer etc. After we began the process we were told by the real estate agent that someone had made an offer over the asking price and that... View More

Elaine Shay
Elaine Shay
answered on Oct 21, 2018

Generally, the Statute of Frauds requires the contracts for the transfer of real property be in writing to be considered binding. In the case of a written "binder" the terms are generally considered to vague to constitute an enforceable contract. However, it is possible that depending... View More

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Hi. I'm in need of legal advice. I moved into my Beacon address 4/1/18 with a 12 month lease. Please read below:

Hi. I'm in need of legal advice. I moved into my Beacon address 4/1/18 with a 12 month lease. Please read below:

There are 3 units to this attached house: 1 occupied by landlady's 77 year -old father and step-mother.. Landlady was unreachable October 13 - 16 when father kept... View More

Elaine Shay
Elaine Shay
answered on Oct 20, 2018

If you have a lease, you are responsible for the unexpired term of the lease whether you live in the premises or not. If you want to avoid that situation, you can attempt to negotiate with your landlord, or have an attorney do so on your behalf. Although the landlord may not be obligated to... View More

1 Answer | Asked in Real Estate Law for New York on
Q: I have water leaking in bathroom water pipes somewhere....am I responsible for all charges for repairs?

I asked super to come check to see if some thing he can get fix? and now landlord email me to told me that if there's water leaks i am the responsible for all charges for the repairs made my own apartment ? my apartment is not co-op or anything...just renting apartment am i responsible for... View More

Elaine Shay
Elaine Shay
answered on Oct 17, 2018

Generally, in a residential tenancy the landlord is responsible for the cost of repairs unless the tenant is the cause of the needed repair.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Does a tenet have the right to receipts for repairs deducted from a security deposit in New York?

Ive asked for the receipts and she’s refusing to send them even those she deducted from my security deposit.

Elaine Shay
Elaine Shay
answered on Oct 17, 2018

If you landlord has made a deduction from your security deposit because of alleged damage and you disagree with the action, you may commence a Small Claims Court action

1 Answer | Asked in Landlord - Tenant for New York on
Q: does it count as living there if I only spend ten mins a day in my NYC rent-stabilized apt, regard to the 183 day rule?

in order to maintain primary residence status, that is

Elaine Shay
Elaine Shay
answered on Oct 14, 2018

Seriously??? Many factors are considered in determining primary residence; however, visiting an apartment for 10 minutes a day would seem to be an extremely weak basis for a claim of primary residency.

1 Answer | Asked in Real Estate Law for New York on
Q: I owned my house for 20 years previous to being married. I added my wife’s name to the deed after marriage.

We are divorcing after only 15 months of marriage. Is she automatically entitled to 1/2 of the appraised value just because I added her to the deed? Or just the increase in appraised value of the house since the marriage?

Elaine Shay
Elaine Shay
answered on Oct 14, 2018

If you added your wife to the deed of a property you owned that transferred an ownership interest in the property to her at that time. How the property will be equitably distributed in a divorce is more properly addressed as a matter of matrimonial instead of real property law, which should... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for New York on
Q: Do I have rights to a criminal background check for a tenant moving into a double that my family owns, which I live in?
Elaine Shay
Elaine Shay
answered on Oct 14, 2018

If you are not renting to the tenant, you would not generally have any basis to demand a background check.

2 Answers | Asked in Real Estate Law for New York on
Q: Long Island, New York. A tenant refuses to pay the rent and wants to use his deposit as payment. Can he do that?

We already told him that we do not accept the deposit to be used as the last month's payment. He lease expired in September. He was supposed to move out in September, but he could not. We agreed that he could stay in the house as a month to month tenant, but he has to pay the increase. The... View More

Elaine Shay
Elaine Shay
answered on Oct 8, 2018

Security deposit is intended to be held for reimburse potential damage to a residence while it is occupied by a tenant and not to pay the rent. That said, the parties can always seek to renegotiate terms as your tenant apparently has elected. You are under no obligation to accept those terms and... View More

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1 Answer | Asked in Landlord - Tenant for New York on
Q: Does my landlord have the right to charge me more in rent if my husband is not on the lease??

He was not originally here in the house because we were going having issues in the marriage. But he recently moved back home and my landlord says she will not put him on the lease for fear of possible future altercations. But she also charged me $100 more for him staying here

Elaine Shay
Elaine Shay
answered on Oct 8, 2018

It depends. If you are a rent-stabilized tenant, the landlord cannot charge you more for having your husband move in with you and you may have the right to have him added to your lease. If you are not a rent-regulated tenant but have a lease, the landlord cannot increase your rent during the term... View More

2 Answers | Asked in Real Estate Law for New York on
Q: If my spouse want to buy a house with his name only in the title i have No rights to the property?
Elaine Shay
Elaine Shay
answered on Oct 8, 2018

Although you may not have rights to make decisions regarding the property, it may still be considered a marital asset subject to equitable distribution if a divorce action was commenced.

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