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Questions Answered by Elaine Shay
3 Answers | Asked in Real Estate Law for New York on
Q: My board conducts its annual meetings online and prevents new candidates from running. What are the legal options?
Elaine Shay
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Elaine Shay
answered on May 1, 2023

If permitted by the By-Laws, the annual meeting may be conducted online. You'd have to be more specific about what the Board does to prevent new candidates from running. It isn't uncommon to have a hard time getting enough shareholders willing to sit on the Board.

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3 Answers | Asked in Landlord - Tenant for New York on
Q: i live in NYS and would like some advise on how to evict my boyfriend from my home.

BF is not on my mortgage. we have one child in common who is 6. he will not leave. i have been given conflicting information on how to proceed so i would appreciate any guidance.

Elaine Shay
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Elaine Shay
answered on Apr 26, 2023

Generally, to evict someone that you have a "family" relationship with, you would need to commence an ejectment case in Supreme Court. Although as an individual you are not required to have an attorney, I would strongly encourage you to retain local counsel to assist you.

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2 Answers | Asked in Landlord - Tenant for New York on
Q: What to do if the landlord does not refund my extra rent payment?

I put automatic payment, and I did not get it off in the last month. I have demanded the landlord to refund me back the extra rental fee for over 6 months, and I still have not received any payment. I looked it up and only deposit case is mentioned.

Elaine Shay
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Elaine Shay
answered on Mar 12, 2023

You may commence a case in Small Claims Court to recover up to $10,000.

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1 Answer | Asked in Estate Planning, Real Estate Law, Banking and Probate for New York on
Q: I am the beneficiary on my deceased sister’s POD bank account. Do I have the right to get a copy of bank statements?

The bank said only the executor of the estate can get it. Aren’t beneficiary accounts outside the realm of the estate and the executor? My sister lived in Arizona when she passed. I live in NY. The bank account is in South Carolina (where she used to live) The executor of the estate, a friend in... View More

Elaine Shay
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Elaine Shay
answered on Feb 24, 2023

Questions about Estate matters are controlled by the law of the State where the decedent resided at the time of death. Therefore, although you may live in New York, your question is better directed to attorneys practicing in the State of your late sister's residence.

2 Answers | Asked in Landlord - Tenant for New York on
Q: Hi I got a 14 days demand payment of back rent , I got the notices on Feb 17 notices is dated Feb 8 how many day I have

Do I astart counting the day I was served? Feb 17 ?

Elaine Shay
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Elaine Shay
answered on Feb 21, 2023

Generally, start counting from the day the notice was served.

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1 Answer | Asked in Real Estate Law and Banking for New York on
Q: Can a bank claim escrow shortage but say you can't pay the entire shortage in full to raise payment

The bank is saying we're short in escrow $400 but also trying to raise our monthly payment by $8.78 saying we can't pay the entire shortage to remain at the same payment we have. We'd rather pay the $500 we're actually short to remain at the same payment but they're saying we cannot do this.

Elaine Shay
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Elaine Shay
answered on Feb 6, 2023

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

3 Answers | Asked in Landlord - Tenant for New York on
Q: Is it legal for my landlord to use a window (not open) to enter my home while we are away? He lost his key

This is an email the landlord sent while I was away. Is this legal to do for him? The reason is that he have lost his key.

"We did test the boiler for the third time this morning and it started up without hesitation. I left the heat on so it should be warm when you arrive. I did have... View More

Elaine Shay
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Elaine Shay
answered on Jan 24, 2023

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.

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1 Answer | Asked in Landlord - Tenant for New York on
Q: I want to evict my roommate they aren’t on the lease and never payed rent but have squatters rights

Brooklyn New York

Stabilized rent

Elaine Shay
PREMIUM
Elaine Shay
answered on Oct 17, 2022

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.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can I evict a squatter not on the lease?

I have a tenant who has been paying the rent. They took in a roommate who is not on the lease and had refused to pay rent as they agreed upon. Can I evict the squatter and get my locks changed?

Elaine Shay
PREMIUM
Elaine Shay
answered on Oct 11, 2022

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

1 Answer | Asked in Real Estate Law for New York on
Q: My father passed away March and he didn't have a will but he owned property

I have the original paperwork for the purchase of the property

Elaine Shay
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Elaine Shay
answered on Oct 9, 2022

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

1 Answer | Asked in Landlord - Tenant for New York on
Q: does my landlord have the right to keep my security deposit and/or take me to court

July 2021 i signed a one year lease until July 2022. In June of 2022 my landlord emailed me expressing he would not be renewing it and would put me on month to month where i stated that would be no problem. 8/26/2022 he gave me a 60 day notice to move out by 10/31/2022 with no explanation. I asked... View More

Elaine Shay
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Elaine Shay
answered on Oct 6, 2022

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

1 Answer | Asked in Landlord - Tenant for New York on
Q: I have not raised the rent for my tenants in 8 years, there is no lease, 2-family house. How much can I raise the rent?
Elaine Shay
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Elaine Shay
answered on Oct 4, 2022

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.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can a landlord in lockport ny that is going to sell their rental , issue a 60 day notice to a month to month to renovat
Elaine Shay
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Elaine Shay
answered on Oct 3, 2022

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.

2 Answers | Asked in Real Estate Law for New York on
Q: Wondering if I can take legal action against a seller/ contractor/ flipper after I the buyer waived the home inspection

I had made an offer on the house and was told by My realtor that it was between me and one other if I waived the home inspection I would get the house, I asked about the roof and the realtor said that the seller said it looked good when they looked at it so now 8 months later I need a complete... View More

Elaine Shay
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Elaine Shay
answered on Oct 3, 2022

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.

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1 Answer | Asked in Landlord - Tenant for New York on
Q: My landlord is refusing to give me my deposit and is instead giving it to my ex-partner who is also on the lease.

The landlord signed a new lease with my ex-partner and is trying to 'roll-over' my deposit to a lease agreement that I am not apart of. I need help getting my lease back as stated in the lease agreement.

[Update] Can you inform me of my options?

Elaine Shay
PREMIUM
Elaine Shay
answered on Sep 30, 2022

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

2 Answers | Asked in Real Estate Law and Contracts for New York on
Q: If you sign a real estate contract but tell your lawyer not to send it and they do, is that contract enforceable?

My elderly father signed a contract that had no closing date. His lawyer did not tell him either. He signed the contract then instructed the lawyer to NOT send it to the buyer yet. He did so both verbally and through text. Is there any legal recourse? Is the contract valid if the lawyer went... View More

Elaine Shay
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Elaine Shay
answered on Sep 22, 2022

When an attorney acts on a client's behalf, they generally do so as an agent with apparent authority to bind the party for whom they are acting as an agent. However, if the agent (lawyer) acted against your father's directions, your father may have a claim against the lawyer.

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Q: I live across the street from a developer who used to play nice. You knew what was going to be built 6 months in

advance, I checked the plans that often. Then BOOM, they are bulldozing across the street and I get told one day “that is not an office building across the street they are building—it’s gonna be a hotel!”

WAS ALL OF THAT LEGAL?????

It’s been a few years.

Do Towns... View More

Elaine Shay
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Elaine Shay
answered on Sep 22, 2022

Your concern about neighboring development is understandable. However, there is no way to provide a meaningful response to your inquiry based upon the information you have provided.

2 Answers | Asked in Real Estate Law for New York on
Q: What to do when a developer failed to shore up and underpin my property during excavation causing damages.

The construction manager assaulted me on the day of the inspection by the corp of engineers who issued a stop work order. This required surgery on my shoulder wrist. They have not replaced the walls since the 2017 occurrence . The kitchen is a freezer in winter and the crack meters have not been... View More

Elaine Shay
PREMIUM
Elaine Shay
answered on Sep 20, 2022

The situation you described cannot be adequately addressed by a few words pointing you in the right direction on a resource like Justia. Instead, it would be best to consult and retain an attorney as quickly as possible since recovery for the damages you suffered may be barred by applicable... View More

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1 Answer | Asked in Landlord - Tenant for New York on
Q: How to properly evict a tenant who has lived on my property 10 years

I would like to evict my tenant because I don't not want to renew her lease and my daughter is having a baby and I want her to stay in the apartment I have downstairs. I own a 2 family home.

Elaine Shay
PREMIUM
Elaine Shay
answered on Sep 20, 2022

In an ideal world you would speak with your tenant and things would move forward cooperatively. However, that frequently does not work out. Therefore, landlords are required to serve a 90 Day Notice of Termination on a long term tenant before commencing a holdover proceeding in Housing Court to... View More

2 Answers | Asked in Landlord - Tenant for New York on
Q: I got a default judgement against me from unpaid rent . They are garnishing my wages however there was another person

Are they supposed to garnish my wages for all unpaid debt or are they supposed to make me pay half

Elaine Shay
PREMIUM
Elaine Shay
answered on Sep 12, 2022

Generally, when a lease is signed by co-tenants, each co-tenant is responsible to the landlord for the full amount of the rent.

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