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2 Answers | Asked in Real Estate Law and Social Security for New York on
Q: I'm on social security,I want to sell my house as a rent to own.Do I put the security deposit in a trust account?

I dont want to lose my social security disability by selling this way.

Elaine Shay
Elaine Shay
answered on Sep 11, 2018

Apologies for being direct, but this is not a transaction that you should enter into without legal representation. When you retain counsel to represent you in this transaction, you should discuss the issue you raised and the other relevant circumstances with your attorney to be sure you fully... View More

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: I would like to sell my home in the Hudson Valley, but I have a lodger who rents two bedrooms. Can I break his lease?

I own the home, but don't live there (I lived in the home from 2003-2015, and rent in another state, but I have not bought another residence). My parents live in the house and pay no rent, serving as caretakers in our absence. The tenant, who rents two second floor bedrooms, but otherwise... View More

Elaine Shay
Elaine Shay
answered on Sep 7, 2018

A lease is a binding contract. If a tenant is complying with the terms of a lease, a landlord cannot terminate the lease before its stated term unless specific terms of the lease allow the landlord to do so. If a landlord want the tenants to move before the expiration of the lease, negotiations... View More

1 Answer | Asked in Real Estate Law for New York on
Q: can I rent a rent stabilized apartment and also own a property outside of NY?

my landlord refuses to renew my lease for my rent stabilized apartment stating that my primary residence is Virginia where I own a property.

Elaine Shay
Elaine Shay
answered on Sep 4, 2018

Provided your rent stabilized apartment remains your primary residence, you may still own other property inside or outside of New York. If your landlord refuses to give you a renewal lease, you can file a complaint with the DHCR.

1 Answer | Asked in Landlord - Tenant for New York on
Q: I’ve purchased a house with a tenant that Was renting the basement without a contract. The tenant refuses to leave.
Elaine Shay
Elaine Shay
answered on Sep 1, 2018

It's unfortunate that you did not negotiate to have the property delivered vacant at the time of closing but that is water under the bridge now. Even without a lease, a landlord must commence a court proceeding and obtain a final judgment of possession before being able to legally evict a... View More

2 Answers | Asked in Real Estate Law for New York on
Q: Does the new owner of where I rent have to honor my lease?

My lease is yearly and expires mid January 2019

My landlord just sold, private sale, and they are closing October 1.

Elaine Shay
Elaine Shay
answered on Aug 31, 2018

Yes, your lease must be honored unless it provides otherwise. Essentially the new owner steps into the shoes of the former owner in relationship to you.

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1 Answer | Asked in Real Estate Law for New York on
Q: Can the landlord break the tenant lease?

I am renting an apartment in NYC and the lease is not up until end of September. I went to the apartment today, 8/29, and saw it was undergoing construction. Can I ask for my deposit back and not pay Septembers rent? The super went through the window to get into the apartment as I did not surrender... View More

Elaine Shay
Elaine Shay
answered on Aug 29, 2018

You sound rather unconcerned that you suddenly found your apartment in the midst of unplanned renovations, which makes me suspect you were no longer actually living in the apartment. Had you already vacated the apartment and removed your possessions? If not, the landlord's actions could be... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: I'm moving out of my apartment in Tarrytown, NY, on Sept. 1st and owe the landlord four months back rent.

I have a good relationship with the landlord, and I'm intent on paying as soon as possible.

But I'm unemployed, and it's possible I may not be able to pay for another month. He is expecting payment before vacating. What is the likely scenario?

Elaine Shay
Elaine Shay
answered on Aug 28, 2018

Lawyers aren't fortune tellers but I'd guess you will have a very unhappy landlord that is concerned you are skipping on the arrears if you vacate before bringing the arrears current. On the other hand, your landlord may be relieved to avoid having to evict you for nonpayment. The... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: I've been living at a residence for almost three years with the understanding I was buying it on a land contract.

The owner was supposed to pay the taxes and let the house go for foreclosure, paid the taxes at the last possible minute then a person shows up to my home and claims to be the new owner. I con not get ahold of the owner and the house has not changed ownership. The person that claims to be the... View More

Elaine Shay
Elaine Shay
answered on Aug 26, 2018

It isn't clear what your question actually is. It is possible that the property has been sold or that someone is trying to scam you. Contracts to purchase property are required to be in writing. Did you have a written contract to purchase the property? If so, you may have rights to pursue... View More

2 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: How to stop a 72 hour eviction from marshall
Elaine Shay
Elaine Shay
answered on Aug 22, 2018

In New York, you may submit an application for an Order to Show Cause ("OSC") seeking a stay of the eviction to the Court that the matter is pending in. Based on the reasons you explain for making the request and the proofs that you submit, the Court may or may not agree to sign the OSC... View More

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1 Answer | Asked in Landlord - Tenant for New York on
Q: the garage on the property I rent is hooked up to our electrical box but we have no access to the garage.

Our landlord plans on doing repairs to the garage on our property. We recently found out that the garages power is hooked up to our electrical box and we have no access to the garage and can’t use it as it says in our lease. We don’t feel we should have to pay the increased electrical costs... View More

Elaine Shay
Elaine Shay
answered on Aug 21, 2018

You may want to contact your electricity provider as most utility companies have a policy for addressing shared meters.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can a landlord transfer over the deed while in court and has violations on the home?

The deed was transferred for 10 dollars while we are in court

Elaine Shay
Elaine Shay
answered on Aug 21, 2018

Yes, a landlord may transfer ownership of a property regardless of whether a landlord/tenant case is pending or violations have been issued against the property. The actual amount exchanged in consideration for the transfer is not always listed in the deed which may instead indicate the... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: my tenant owes me 4months+late fees. He had asked me to pay in a lump sum at start of August. He has not paid.

He has no lease. he does not answer his door or the phone. The apt. is a condo in nyc. My son is the owner. Can I sue the tenant.

Elaine Shay
Elaine Shay
answered on Aug 17, 2018

It is unfortunate that the situation has been addressed sooner so that the arrears would not be so high. But, yes, either a non-payment or a holdover proceeding can be commenced against the tenant to recover possession of the apartment. A holdover proceeding would permit the eviction of the... View More

2 Answers | Asked in Probate for New York on
Q: waiting almost 2 years for this probate to be closed, just waiting on a party to sign a paper that he is ignoring. he

has been personally served. every time this happens my money from estate keeps getting smaller, I have not even been kept up with all events that are happening even tho im the beneficiary, how can I get them to close this?

Elaine Shay
Elaine Shay
answered on Aug 15, 2018

I understand your frustration. Unfortunately, there is no way to answer your question without knowing much more about the situation. If you have an attorney representing you in this matter, you may want to schedule an appointment to discuss the situation and get a better understanding of the... View More

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2 Answers | Asked in Real Estate Law for New York on
Q: How do we have our names removed from a home owned by multiple people left in an estate?

My husbands grandmother left her house to her two daughters who then left it to all four of their children- My sister in law is the only one who lives there the rest of us have our own homes. How can my husband have his name removed from the home?

Elaine Shay
Elaine Shay
answered on Aug 14, 2018

If your husband intends to make a gift of his interest in the property to his sister, he may do so by executing a deed in her favor. Before doing so, he should be sure he is not obligated for the repayment of any loans secured by mortgages on the property and may want to consult with his... View More

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1 Answer | Asked in Landlord - Tenant for New York on
Q: My place went into foreclosure..the new landlord wants me out..The new landlord agreed to help me move...I told him

I needed 1 month rent and 2 month security..He sent me a text saying in agreenent he will help with 3 months rent and 2 month securiry...As he began to start eviction against me..my 1 court date he told me the agreement he made was an error that he will only provide with just 1 month rent and 2... View More

Elaine Shay
Elaine Shay
answered on Aug 14, 2018

You may have a number of defenses to the case the new owner has commenced. It wouldn't be surprising if the new landlord hopes you are not well informed about those possible defenses and that you can be pushed out without providing as much compensation as previously discussed. If you are... View More

2 Answers | Asked in Real Estate Law for New York on
Q: My apt was damaged due to x apt was on fire, can I sue the x apt owner for the damages that were not cover by the condo

Can you handle this case, what is fee, and how long will takes. Thank you

Elaine Shay
Elaine Shay
answered on Aug 14, 2018

If the fire was the result of the the neighboring unit owners actions or negligence, you may have a claim. However, you should check with your own insurance carrier to be sure you have not assigned to right to pursue the matter. You can use the Find a Lawyer function on this site to assist you in... View More

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2 Answers | Asked in Probate for New York on
Q: My father died and left us his house. My sister lives in the house. Can the court order the sale of the house to pay

... to pay off creditors ( nursing home, one credit card and medicare). My sister has been living in the house for a few years now. Also left us 2 cars, one not running and a small piece of property. Need help asap. Yes this is in Fl.

Elaine Shay
Elaine Shay
answered on Aug 13, 2018

Yes, medical expenses can sometimes lead to Estate Recovery that may result in the need to sell a property. If your father was residing in Florida at the time of his passing, questions regarding his Estate should first be directed to a lawyer practicing in Florida.

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3 Answers | Asked in Real Estate Law and Estate Planning for New York on
Q: In NYC can the deceased parents house be forced to satisfy debts?

My mom currently has debt (I believe total is less than $20k) and only asset is the house (with a mortgage), when she passes away could it be forced sold to satisfy her debts. I'm her only child, my father has passed away. I know different states have different rules regarding this. I'm... View More

Elaine Shay
Elaine Shay
answered on Aug 11, 2018

Unless your mother has mortgage insurance that would pay the mortgage upon her passing, in order to prevent a possible foreclosure the heirs would have to seek to be added to the mortgage and assume responsibility for its repayment. In addition, before the title to the property is transferred any... View More

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2 Answers | Asked in Landlord - Tenant for New York on
Q: Is there a statue of limitation after property is damaged by the landlord, before I can sue. This is Brooklyn, NY

My car was damaged by the a large ceiling piece falling on it. There is no camera. After car damage, nobody called us, they just cleaned up, leaving some debris. There is police report, and many pictures taken. I asked around and nobody "knows anything". The superintendent was fired after... View More

Elaine Shay
Elaine Shay
answered on Aug 10, 2018

In New York, for most ordinary negligence claims the statute of limitations is three years. If your deductible is less than $5,000 you can use Small Claims Court to sue for money damages in New York City.

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2 Answers | Asked in Real Estate Law for New York on
Q: My father passed away in oct 2017. i have 4 siblings on his side but i am the oldest. He has a house in puerto rico and

my siblings are acting a little shady keeping information from me. How do i proceed with this situation?

Elaine Shay
Elaine Shay
answered on Aug 9, 2018

Where did your father reside at the time he passed away? You should consult with an attorney in that jurisdiction and, if he did not live in Puerto Rico at the time he passed, you may also need an attorney there.

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