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Questions Answered by Elaine Shay
1 Answer | Asked in Landlord - Tenant for New York on
Q: Do I have to leave or can the new owners buy me out? I have no place else to go.

I’m renting a room in a private house, no lease agreement only verbal. Owner hasn’t told me but heard he sold house. What are my rights in this situation, I have no place to go and been paying my rent faithfully. Please I need help.

Elaine Shay
Elaine Shay answered on Feb 23, 2020

If a property is sold, the new owner essentially steps into the shoes of the previous owner and does not have more rights than the previous owner with respect to existing tenancies. In New York, a landlord must commence a case in Housing Court to obtain possession of a rental unit from a tenant.... Read more »

2 Answers | Asked in Criminal Law, Estate Planning, Banking and Probate for New York on
Q: Is it illegal for my Dad's Girlfriend of 13 years to use his ATM card after he dies? What law makes this illegal in NY?

My father was declared brain dead on Jan 9th, and passed away on Jan 24th. His girlfriend has made 2 withdrawals using ATM, one of which weeks after death. The DA said that it's not illegal if he gave her permission; but, how can he give permission if dead? They are not married. He died... Read more »

Elaine Shay
Elaine Shay answered on Feb 13, 2020

Regardless of whether you are able to convince the DA to take action, the Estate can commence civil litigation to recover any funds wrongfully withdrawn.

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1 Answer | Asked in Landlord - Tenant for New York on
Q: The law that was passed Feb 3/4th that says brokers are no longer allowed to charge a fee but then was revoked today..

If you signed you lease while the law was in effect, can the broker now try to back track and charge you a fee?

We signed our lease feb 7th and was told that we do not have to pay a brokers fee, now that the law has been placed on hold they want to charge us a fee

Elaine Shay
Elaine Shay answered on Feb 11, 2020

Answer will depend upon the terms of your contract

1 Answer | Asked in Landlord - Tenant for New York on
Q: With the new security deposit laws in NYC. Do I get my extra security deposit back that I paid prior to the new law.
Elaine Shay
Elaine Shay answered on Feb 3, 2020

When your current lease expires, you should be able to get back any extra security deposit should you decide to renew.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can a landlord evict me for not opening the door for inspection?

I received a eviction notice this week to leave by the 31st which is in 2 days. Btw I was at work.

Elaine Shay
Elaine Shay answered on Jan 29, 2020

Unless there was a case already pending, any effective legal steps the landlord could take towards evicting a tenant take much longer than two (2) days. Generally, tenants have an obligation to allow access to their apartments upon appropriate notice for the landlord to inspect and repair... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can Landlord enter a house that is rented by several tenants without notice? (State of New York - Long Island)

I live at the state of New York (long island), and have rented a house with several other tenants. Each one of us has its own lease contract. My lease contract specifies 24-hour notice for the landlord before entering the house! But my landlord kept entering the house without giving notice. Can she... Read more »

Elaine Shay
Elaine Shay answered on Jan 28, 2020

Usually, it is improper for a landlord to rent out individual rooms in an apartment to different tenants. Therefore, the bigger issue may be that the use of your apartment is illegal.

1 Answer | Asked in Landlord - Tenant for New York on
Q: I signed a lease in NJ & my parents are out of state & need me to care for them. Can I get out of my lease?

They own a home out there & I'm an only child.

Elaine Shay
Elaine Shay answered on Jan 23, 2020

The law varies in different states. You are more likely to receive a useful response if you post your questing in the New Jersey instead of New York section of this board.

1 Answer | Asked in Real Estate Law for New York on
Q: Can I legally break lease if roommate violated lease?

I signed a lease with a roommate for one year starting Jan 2020. It is now 20 days in, and I am planning on moving out and not paying rent(which in turn does break lease) but the reason being is because roommate is violating the lease by subletting to her boyfriend and I do not feel comfortable.... Read more »

Elaine Shay
Elaine Shay answered on Jan 21, 2020

since I have not reviewed you actual lease, I cannot provide an answer for your specific situation. Generally, roommates are jointly and severally liable for the full amount of rent to their landlord and a roommate that leaves before the expiration of a lease remains liable to the liable to the... Read more »

2 Answers | Asked in Real Estate Law for New York on
Q: Ex girlfriend on the title house

Hello I bought a house 15 years ago for $350K. The down payment was $35K and he paid for it with my own money. I put my girlfriend on the house title.I paying the mortgage. We broke up 5 years ago.I take care of this house. I did remodeling.

We were together for almost 20 years but she... Read more »

Elaine Shay
Elaine Shay answered on Jan 19, 2020

This is a common situation that can be resolved through negotiations or, if a settlement cannot be reached, through litigation by bringing a partition action and asking for an accounting as part of the case. Technically, the court can order a sale of the property but not a buyout of one party by... Read more »

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3 Answers | Asked in Real Estate Law for New York on
Q: Four years ago my aunt left my sister-in-law as power of attorney that the house gets spilt by the kids .

So now my aunt is 90 years old they shipped her to Italy and they sold her house and my kids never got their share that the Aunt promised them. I have it on video tape that the end gave a testimony to She said that she always had this paperwork in her safe at the bank but my sister-in-law ripped it... Read more »

Elaine Shay
Elaine Shay answered on Jan 17, 2020

Directions for how real estate or other assets are to be distributed after someone's death must generally be contained in a properly executed Will to be enforceable. There are a number of formalities that go along with executing a Will and if they are not properly followed the... Read more »

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3 Answers | Asked in Probate for New York on
Q: My mom passed in the blizzard of 2010. No will. House was paid. Sister lives there still. I'm the oldest

After 5 years we would sell the house and split the monies. This sister is a lot shady. Can my brother and I force her to sell? I believe she has a felony

Conviction and we never appointed her executrix. If we did we never received papers for it what would be our recourse. She has... Read more »

Elaine Shay
Elaine Shay answered on Jan 14, 2020

If an estate has not already been created, you may file a petition in Surrogate's Court to be appointed Administrator. In that role you could compel a sale of the house and take additional action. There is no requirement that you hire an attorney but most people find it extremely helpful.

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1 Answer | Asked in Probate for New York on
Q: My son's father died 04/19 My son was 17. Recvd, signed notorized 6/19. Now notice sent to son 18 for his sign & notoriz

Child turned 18 11/2019. Why are they asking for his signature on a Consent to Probate form.

Elaine Shay
Elaine Shay answered on Jan 7, 2020

Unfortunately, without more information about what your son is being asked to sign there is no way to accurately answer your question.

1 Answer | Asked in Landlord - Tenant for New York on
Q: I have a rodent problem and many repairs that my landlord wont address and im in fear of evection if I push the issue.
Elaine Shay
Elaine Shay answered on Dec 5, 2019

If the landlord is not address issues with rodents or required repairs, a tenant can commence a HP Proceeding in Housing Court to compel the landlord to act.

1 Answer | Asked in Landlord - Tenant for New York on
Q: What do I do if a tenant stays after their lease has ended and I have a new tenant scheduled to move in?

I have a tenant who had a month to month lease. The tenant was here less than 6 months and was given a 30 day notice of non-renewal. She is still here passed the lease end date. How do I get her to leave?

Elaine Shay
Elaine Shay answered on Dec 2, 2019

If a tenant does not vacate at the end of his or her term, a landlord can commence a holdover proceeding to obtain a judgment of possession and schedule an eviction. The process can take a good amount of time so the sooner you get started the better.

1 Answer | Asked in Real Estate Law, Contracts, Criminal Law and Landlord - Tenant for New York on
Q: Does a lease have to include all terms and conditions?

I live in upstate NY and currently trying to break my lease due to unsafe living conditions such as broken windows in common areas (It's 20 degrees right now), harassment by other residents, drafty windows and poor heating (Again, Upstate NY is really cold), and so much more. I emailed my... Read more »

Elaine Shay
Elaine Shay answered on Nov 22, 2019

From the description you provided, it appears that the property manager is not adding terms to the lease but allowing you to negotiate for an early termination for the payment of a fixed sum. This type of early termination fee is commonly negotiated regardless of whether it is included in the... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Landlord tenant issue - selling property

I have been living in my apt for 5 years 2 month. 1st year I had a lease then month-to-month (I guess)

Then mid Oct I recieved a call there needs to be a home inspection. OK porential buyers want to keep me. SO far so good

Fast forward, Nov 22, landlord calls me, you must be out... Read more »

Elaine Shay
Elaine Shay answered on Nov 22, 2019

If the premises is not rent-regulated and you don't have the protection of a current lease, the landlord can request that you move upon 90 day written notice. In the event that you don't vacate by the expiration of the notice period, the landlord would have to next commence a holdover... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: Due to negligence on my landlords part- my bathroom ceiling collapsed on me.

Other than that- there are other serious issues with the apt such as the building hasn’t had gas for close to a year- wanted to see if i had an actual case of suing

Elaine Shay
Elaine Shay answered on Nov 21, 2019

You can consult with a personal injury attorney regarding the possibility of commencing a case for any personal injury to determine if you have a claim worth pursuing. As for the conditions in the apartment, you may commence a HP Proceeding in Housing Court against your landlord to obtain an order... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can I get rid of a tenant without stating the reason. How do I start this?

The tenant is doing drugs in the appartment

Elaine Shay
Elaine Shay answered on Nov 13, 2019

Determining the most expeditious way to proceed depends, at least in part, on what type of tenancy is involved. Does the tenant have a lease? How long has the tenant lived in the apartment? Is the apartment rent-regulated?

Answers to these and other questions will determine your options...
Read more »

1 Answer | Asked in Landlord - Tenant, Civil Rights and Communications Law for New York on
Q: So last night I accidentall locked myself out can I bill landlord/ super

I’ve only been here for almost a week. So last night I accidentally locked myself out of my apartment that I’m staying in. My girlfriend aka owner of apartment wasn’t home and the super “wasn’t available ” to help me. I’ve only been here for like almost a week. So I called fire... Read more »

Elaine Shay
Elaine Shay answered on Nov 7, 2019

Generally, the expense of damage cause to an apartment (or apartment door) is caused by a tenant or a tenant's guest the tenant is responsible to the landlord for these damages. In that situation, if the landlord's super repairs the damage, the landlord can seek recovery for the cost of... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Hi, I have a question about rent stabilization, vacancy increases and preferential rents in NYC.

I recently requested my rent history. It tells an interesting story.

No one in my (formerly regulated) unit has paid the “legal rent” since 1993. All tenants have since paid a preferential rent, never more than $1,450. However, despite this, every time a tenant moved out (7 times in the... Read more »

Elaine Shay
Elaine Shay answered on Oct 29, 2019

The situation you described involving the preferential rent isn't surprising. The 18%-20% increase is generally associated with vacancy increases. If you want to challenge the deregulation, you can always take a shot with the DHCR

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