Generally, yes because the shortage indicates the current monthly payments you are making are not sufficient to meet the escrow obligation.

The expenses of the estate are paid from Estate assets. The expenses associated with the property before it is transferred to the beneficiary are generally the Estate's responsiblity and not those of an individual beneficiary. The language of the Will may provide more guidance.

If you pay the money but don't feel it was just, you may commence a case in Small Claims Court to recover the money you believe was collected wrongly. However, if you owe money for rent arrears, the landlord may counterclaim against you.

In NYC landlords are required to obtain the tenant's consent to enter an apartment for a non-emergency reason. The method of entry is not defined.

If by "holding a mortgage" you mean you are the lender on the note secured by a mortgage against property owned by the 80 year old borrower, provided your mortgage is propertly recorded there should be no additional documents required to secure your loan. Regardless of age, the... View More

Security deposits are designed to provide the landlord with protection against the cost of damages or unpaid rent at the end of a tenancy. Therefore, landlords are not obligated to apply the security deposit towards rent while a tenant is still in occupancy.

Depending on when a building was constructed or modified, a certificate of occupancy may not be required. Testing is usually required to verify the presense of asbestos. If a security deposit was required, the landlord is not permitted to also collect last month's rent.

Tenants are generally responsible for damage caused by misuse of the rented premises/ However, the items you mentioned as needing repair could merely be the result of regular wear and tear for which the tenant is not responsible.

Unfortunately, real estate transactions between family members that are done informally without an attorney often result in disputes down the road. Therefore, it is important to obtain legal representation to properly document this proposed transaction and best protect yourself instead of asking... View More

Under NYS law, landlord's are required to retun a residential security deposit within 14 days of vacatuer and provide written notification of the reasons for any deductions from the security deposit. If it has already been 30 days, you may commence a Small Claims Case or contact the Attorney... View More

If you have an ERAP appliction pending, the landlord is stayed from taking any action to evict you until a determination on your application is issued. Commercial tenants are not entitled to file an ERAP application nor are they entitled to the related stay preventing eviction. It sounds like... View More

You may go to the Housing Court in the County that issued the warrant of eviction and make an application for an Order to Show Cause ("OSC") to stay your eviction. You may bring certified funds payable to the Petitioner to demonstrate to the Court you have the funds available to satisfy... View More

Here's a link to guidance from the NYC Civil Court regarding a roommate holdover case: https://nycourts.gov/courts/nyc/housing/holdover_roommate.shtml

However, it is strongly recommended that you retain an attorney to assist you through the process.

Tenants are permitted to have roommates but any issue between the tenant and his/her roommate is not a basis for you to evict the roommate. Depending on the circumstances, you could start a case against your tenant as well as the roommate. However, as long as you are being paid the agreed rent by... View More

If your father had other assets, you will need to file for an Administration in Surrogate's Court. However, if the property is the only asset, title to the property vests in the heirs by operation of law. Your interst in the property is determined based upon the other surviving relatives of... View More

If your landlord attempts to retain your security deposit, you may sue in Small Claims Court and the Court will determine the issue.

Unless your property is rent regulated or the rent is otherwise restricted by a housing program, there is no limit on the rent increase you can request. However, if you intend to raise the rent by 5% or more above the current rent, you must serve the tenant written notice of your intent to do so.

Generally, unless a tenant is protected by the terms of his or her lease or applicable rent regulation program, a landlord is free to terminate a month-to-month tenancy by service of the appropriate Notice of Termination, which is 30-90 days depending upon how long the tenant has been in possession.

Difficult case without the disclosure which generally depends on the exact terms of your contract and whether the seller actively concealed the condition. Worth a conversation with your closing attorney.

You may sue your landlord and ex-partner in Small Claims Court for the refund of your security deposit.