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Questions Answered by Elaine Shay
2 Answers | Asked in Real Estate Law for New York on
Q: NYC Sublessee breaking sublease...

I have a sublessee in my apt who signed a sublease agreement stipulating that she would pay last month's rent by Sept 7th (she never did). It is a minimum four month agreement and I received a message from her that she will be breaking the lease. Not only did she never give the last full... View More

Elaine Shay
Elaine Shay
answered on Oct 8, 2018

Although you may think of yourself as a tenant, you are in the position of landlord in relation to your subtenant. Since the terms of a lease/sublease are not self-excuted, like any other landlord, you must use the appropriate court proceedings to recover possession of the premises and damages... View More

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1 Answer | Asked in Construction Law, Family Law, Land Use & Zoning and Real Estate Law for New York on
Q: how do you apply a mother-daughter to a single family house?
Elaine Shay
Elaine Shay
answered on Oct 2, 2018

If you are asking how to allow use of a one-family house as a two family, you would have to amend the certificate of occupancy. This is sometimes but not always able to be done and may involve the services of an architect, expeditor or other other professional as well as an attorney.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Do I have any rights to a lease if I paid the rent and utilities from the beginning although the lease was my cousins?

I applied for an apartment with my cousin as co-applicant for a higher chance of approval. A year later she wants to remove her name from the lease. I've made all payments for rent and utilities under my name, not my cousin's. Do I have the right to have a new lease done under my name?... View More

Elaine Shay
Elaine Shay
answered on Oct 2, 2018

Unless a tenant's apartment is rent-regulated in some manner, there is no "right" to a renewal lease.

1 Answer | Asked in Real Estate Law, Civil Rights, Communications Law and Constitutional Law for New York on
Q: is it my US legal right to be allowed to choose how communications (printed hardcopies vs online)are sent to me by NYCHA

I'm being forced to create an online account but i don't want an online "presence". I want to continuing receiving communications (statements, lease renewals, etc) by U.S. 1st class mail to keep all documentation in a physical file, not on a computer( i want a keep a physical... View More

Elaine Shay
Elaine Shay
answered on Oct 1, 2018

Are you referring to NYCHA's NextGen Online Certification Program? If so, you can inform your property manager that you are opting out of taking advantage of the new option for online recertification and requesst a traditional paper packet... View More

2 Answers | Asked in Contracts and Landlord - Tenant for New York on
Q: The leasing office asks me to sign an agreement for not suing them.

The leasing office agrees to let me cancel my lease early. However, they ask me to sign an agreement, including not suing them, not posting any comments about the properties on the internet, and not letting other people know the existence of this agreement. Do I have to sign the form? I have... View More

Elaine Shay
Elaine Shay
answered on Sep 30, 2018

Generally, even after the keys are returned, tenants remain liable for payment of the rent for the remaining term of the lease. Landlords are not obligated to terminate a lease before it has expired but tenants can try to negotiate for terms to do so. From your description, it appears that the... View More

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2 Answers | Asked in Real Estate Law for New York on
Q: A friend asked me if he can add me to his deed for his house in New York using a quick deed

How would that work. What’s the process

Elaine Shay
Elaine Shay
answered on Sep 30, 2018

It appears you are confused about the type of deed.... There is no "quick" deed but there is something called a "quit-claim" deed. The process of transferring an interest in property is relatively straightforward and involves the current owner having a new deed prepared and... View More

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2 Answers | Asked in Real Estate Law for New York on
Q: Can we remove my son from the deed. he refused to sign a QCD

My husband and my son purchased our two family home.. He is not my husband biological son. My son abandoned the property two years ago and stopped paying the mortgage. How can we him removed from the deed.

Elaine Shay
Elaine Shay
answered on Sep 30, 2018

Although your son may not live at the property and may have stopped contributing to the mortgage payments, he remains an owner of the property and you cannot simply have his interest terminated. You can offer to buy out his interest but your son is under no obligation to accept your offer and... View More

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: I return from vacation to find my entire apartment covered in mold due to a hot water leak in the bathroom.

The management office repaired the leak and are willing to paint and pay for my 1 year old daughter's car seat only. In addition, I've been requesting the super to fix the leak for the past month -- with no results. I also left a note prior to leaving requesting that he go into the... View More

Elaine Shay
Elaine Shay
answered on Sep 28, 2018

You can sue for damages in Small Claims or Civil Court depending on the amount of your loss.

2 Answers | Asked in Real Estate Law for New York on
Q: I have a rural property, 12 acres that the deed is in my name and also in my EX-boyfriends name.....

This property was originally my parents, given to my sister. She lost it in a tax sale, and me and my boyfriend at the time bought it together.

We split up 6 years ago, but he has continued to pay the property taxes himself. He will not communicate with me, and won't sell his share... View More

Elaine Shay
Elaine Shay
answered on Sep 25, 2018

He doesn't have to protest your cabin.... He, like you, could simply move into it. You are not the first person to find themselves owning property with someone with whom an agreement to manage or sell the property cannot be reached. Fortunately, you can commence a partition action to force... View More

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2 Answers | Asked in Probate for New York on
Q: Father died, no will in NY leaving surviving spouse & grown children. Spouse is selling off items before probate

Is this legal? I feel she may be liquidating everything she possibly can so as to not give any monies to us stepchildren even though we were in good standing with father. What are our options?

Elaine Shay
Elaine Shay
answered on Sep 25, 2018

If there is no will, the children are entitled to a share of their father's estate. Instead of asking of asking if the actions of your father's spouse are legal, you should consider moving forward with an administration of his estate in Surrogate's Court. This would allow for the... View More

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1 Answer | Asked in Landlord - Tenant for New York on
Q: I was evicted and didn't have enough time to get all my belongings my landlord says it's not there

It was SS card and birth certificates I even told them where they were he said the weren't there. He gave the bags I asked for to my neighbor who brought them to me. He was also giving my property away on Facebook the day after I moved. is this legal? My old neighbor also got my gazebo and... View More

Elaine Shay
Elaine Shay
answered on Sep 21, 2018

In New York City, the Marshal conducting an eviction takes an inventory of property at the premises and the landlord is responsible for the property for a reasonable amount of time after the eviction. If the landlord refuses access to retrieve these items, the tenant can bring an Order to Show... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: Is the landlord responsible to move tenant furniture out of a room that needs ceiling repair or does the tenant?
Elaine Shay
Elaine Shay
answered on Sep 19, 2018

In large part, the rights and obligations of a tenancy are controlled by terms set forth in the lease. Most leases provide that tenants will cooperate in permitting necessary repairs and that can be interpreted to include moving furniture. Most landlord's are reluctant to move a... View More

2 Answers | Asked in Probate for New York on
Q: What is the timeline for vacating a residence where I am the sole caregiver for my parent with dementia after he is gone

I am located in New York. I own my own home but have moved into a house, purchased by my father's trust, to care for him in his finals years. I have been there for 6 months and hold down a full time job and see no immediate change in his living circumstances. Maintaining 2 properties is... View More

Elaine Shay
Elaine Shay
answered on Sep 19, 2018

If the house is owned by the Trust that you mention in your post, the Trust and not your father's will or Estate would control the disposition of the property. As your father's care provider, you are not afforded any particular time to relocate and a case to remove you from possession... View More

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3 Answers | Asked in Real Estate Law for New York on
Q: I was just married and we would like to have me added to deed of property. How do I go about doing this?

We are moving into her home, so what do I need to do, just create a new deed and file it?

Elaine Shay
Elaine Shay
answered on Sep 19, 2018

A new deed will need to be created and filed together with ACRIS documents. However, take note that if there is a mortgage on the property, you may be required to refinance or be in default of the terms of the existing mortgage by transferring an interest in the property.

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1 Answer | Asked in Real Estate Law for New York on
Q: I want to buy a property in NYC and the property has tenants and the house needs work how do I go about evicting them.
Elaine Shay
Elaine Shay
answered on Sep 17, 2018

The process of evicting tenants can be time consuming and costly. If the property is rent regulated, you may not even be able to evict the tenants unless you have certain specific reasons to do so.

Therefore, many prospective purchasers negotiate for terms in the contract of sale that...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: NYC Landlord refused 2-bdrm rental to two students solely because both desired names to appear as co-tenant lessees.

All other things being equal and approved in terms of qualifications, credit checks and guarantors, etc. this involves two students desperately seeking affordable housing now that classes have begun. No relationship other than common interests and desire to share 2-bdrm apartment. At signing,... View More

Elaine Shay
Elaine Shay
answered on Sep 14, 2018

If the subject apartment was rent stabilized, it is likely that the landlord preferred to rent to one individual instead of giving two people rights as rent stabilized tenants. Since the "roommate" doesn't have rights to a renewal lease from the landlord, it is more likely that the... View More

2 Answers | Asked in Adoption and Real Estate Law for New York on
Q: Is my birth certificate valid proof of adoption for a property dispute? Sealed documents in my state.

I have two siblings that share the same father (different mother's). I was adopted by my brother's father. Our sister is selling a house, but can't until my brother signs off, effectively splitting it two ways. A family member spoke to the attorney handling the property, and made... View More

Elaine Shay
Elaine Shay
answered on Sep 14, 2018

If your birth certificate was amended after the adoption was completed to list your adoptive father as your father on that amended document, you should be able to use it to establish your rights to inheritance. You should consider retaining an attorney to represent your interests in... View More

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2 Answers | Asked in Real Estate Law for New York on
Q: My father died a few years ago and left a few properties. One is over seas in Jamaica about 40 acres. How do I sell?
Elaine Shay
Elaine Shay
answered on Sep 12, 2018

The mechanics of how to sell property in Jamaica are better addressed to an attorney practicing in that jurisdiction. If you have not already done so, you may have to probate or administer your father's estate in Surrogate's Court here if he resided in New York at the time he passed.

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1 Answer | Asked in Landlord - Tenant for New York on
Q: I live in Upstate NY. My landlord says that I am not allowed to have any visitors because they use utilities. Legal?
Elaine Shay
Elaine Shay
answered on Sep 11, 2018

No, tenants are allowed to have visitors. However, if you don't have a lease and are not rent regulated, the landlord does not need a reason to terminate your tenancy. If you intend to disregard the landlord's demands, you may want to obtain a written lease to protect your right to... View More

1 Answer | Asked in Real Estate Law for New York on
Q: add two people to house deed
Elaine Shay
Elaine Shay
answered on Sep 11, 2018

Adding anyone to a deed requires the current owner(s) to execute a new deed conveying an interest to the additional person(s). In addition, ACRIS documents will need to be prepared and executed by all parties. These relate to the calculation and collection of New York State & New York City... View More

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