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Questions Answered by Elaine Shay
1 Answer | Asked in Landlord - Tenant for New York on
Q: landlord just served notice that after 4 years of uttilities included hes shutting them off in 4 days

if 1 month back rent not paid

Elaine Shay
Elaine Shay answered on Jun 28, 2019

The remedy for addressing rent arrears is to commence a nonpayment proceeding and landlords are not instead permitted to terminate services. If the landlord terminates your electric service, contacting the police or commencing should remedy the situation.

2 Answers | Asked in Real Estate Law for New York on
Q: What if you own the house can you change the locks she hasn't stayed there in a month but her things are there
Elaine Shay
Elaine Shay answered on Jun 24, 2019

Doing something like that could be considered an illegal eviction and you could be liable for damages. The safest thing to do is to regain possession through legal proceedings awarding you a judgment of possession that is executed on by the Marshal/Sheriff

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2 Answers | Asked in Real Estate Law for New York on
Q: Can a notarized document of ownership hold up in NYC courts?
Elaine Shay
Elaine Shay answered on Jun 24, 2019

Ownership of real property is documented by a deed.

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1 Answer | Asked in Real Estate Law for New York on
Q: Once a person was served papers of non-payment covery possession do they get to stay in the place until you go to court

She was supposed to be out by May 1st I gave her until June she's still there hasn't paid half the rent I filed petition and then she said she was going to be out by the 30th of this month does she get to stay until we go to court

Elaine Shay
Elaine Shay answered on Jun 24, 2019

Tenants retain the right to possession until a judgment of possession has been issued by the Court and executed upon by the Marshal or Sheriff

2 Answers | Asked in Contracts and Landlord - Tenant for New York on
Q: I don't agree with the new co-tenant chosen by my landlord and want to break my lease.

I am on a one year lease with my current apartment and am renting one of the three bedrooms. It was an all female apartment earlier. One of my co-tenants recently moved out and my landlord wants to bring in a male to replace her. I have never lived with a guy before and am not comfortable with this... Read more »

Elaine Shay
Elaine Shay answered on Jun 20, 2019

In NYC, except for limited number of remaining SROs, landlords are not permitted to rent out individual rooms in an apartment to different tenants. Instead a landlord may rent an apartment to tenant or co-tenants that work out their own arrangements regarding the sharing of the space.... the... Read more »

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2 Answers | Asked in Real Estate Law for New York on
Q: Can a corporation be named as a residential entity in a sale of a house?

Does a corporation need to have a ceo listed as owner & then sell or purchase a home as a corporation?

Elaine Shay
Elaine Shay answered on Jun 20, 2019

Corporations buy and sell property in the corporate name and the documents are signed by properly authorized officers of the corporation. A corporate resolution may also be necessary.

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1 Answer | Asked in Landlord - Tenant for New York on
Q: I moved out of my apartment before my lease was up. I informed my landlord before I left and continued to pay my rent

My rent was paid in full through the course of the lease. My security deposit was not returned within 20 days of me moving out. One of the people I rented with did not pay $850 in rent and had a cat that caused damage (urine smell) to the apartment-lease said no pets, landlord said she gave... Read more »

Elaine Shay
Elaine Shay answered on Jun 18, 2019

When you sign a lease for an apartment, you become responsible for 100% of the rent payment due pursuant to the lease and not just your proportionate share if you have a co-tenant/roommate. Likewise you would be responsible for damage to the apartment that occurred during your tenancy whether you... Read more »

2 Answers | Asked in Real Estate Law for New York on
Q: What exactly need to be done to get a clearance to close on a property in foreclosure?

selling a property in foreclosure. property is being sold before going to auction.

Mortgage broker told me they cant close until title is clear. What exactly needs to be done by the attorney to have it cleared?

Elaine Shay
Elaine Shay answered on Jun 18, 2019

There is not a one-size fits all answer to your question. You will have to review the title report to see what exception are listed that need to be cleared.

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2 Answers | Asked in Real Estate Law and Animal / Dog Law for New York on
Q: Is a Board of Managers allowed to release medical records on file for an ESA to all residents in a Condo Assn?

The condo board requires a letter from a medical professional, which is being requested by non board members to know why someone would have an ESA

Elaine Shay
Elaine Shay answered on Jun 13, 2019

The answer largely depends upon how the Board came into possession of the information. Unfortunately, HIPPA does not apply in all circumstances. See the following and the cited website for more info on who HIPPA applies to.

Who is Covered by the Privacy Rule

The Privacy Rule, as...
Read more »

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2 Answers | Asked in Real Estate Law for New York on
Q: My mom died and I have been trying to get the house transferred into my name but my half sister will not cooperate.

My Mother passed away 7 years ago and had no will. I found an attorney and was made administrator over her estate because she owned a house. I have a sister who wouldn't respond to anything during the process of me trying to get the house transferred into my name. My attorney tried to reach out to... Read more »

Elaine Shay
Elaine Shay answered on Jun 13, 2019

Actually, if the only asset was the house, there was no will and you and your half-sister were the only heirs at law, it should not have been necessary to file for an administration as title to the property transfers by operation of law. If your half-sister is unwilling to cooperate with the... Read more »

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2 Answers | Asked in Contracts and Landlord - Tenant for New York on
Q: Can roommate sue after they found a subletter that later left without me having any contact in months?

I am on the lease with 2 other girls but was being harassed. They wanted to find their own subletter so I left and they later found one and I had no contact with them. I forfeited my portion of the security deposit. Now that subletter moved out too and they are looking again. Can they sue me for my... Read more »

Elaine Shay
Elaine Shay answered on Jun 10, 2019

When you sign a lease as a co-tenant, each co-tenant remains responsible to the landlord for the full amount of the rent due to the landlord. This is true regardless of whether a co-tenant moves out before the expiration of the lease.

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1 Answer | Asked in Landlord - Tenant for New York on
Q: Is it illegal to evict tenant just because they refuse to communicate. Rent is up-to-date and no other issues

I believe my landlord is illegally evicting me. reason 1.. We were up-to-date on rent, we were behind but paid the balance. Landlord claims we still owe a significant amount, we have all rent receipts (money order receipts) to prove nothing is owed. This has happened a few years ago, and I was... Read more »

Elaine Shay
Elaine Shay answered on Jun 10, 2019

If your rent is fully paid, you would have a defense to a nonpayment proceeding. However, unless you reside in a rent-regulated apartment or have the protection of a current lease, the landlord does not need cause to terminate your tenancy and commence a holdover proceeding to evict you.

1 Answer | Asked in Landlord - Tenant for New York on
Q: What do we do if we paid the rent owed but still got a court summons?

Hey! So we recently got a summons for court despite paying our owed rent within the five days’ notice they gave. It was initially issued for the end of May, but did not get to us on time so they adjusted the date, as you can see in the photo, with white-out. However, it is my understanding that... Read more »

Elaine Shay
Elaine Shay answered on Jun 10, 2019

Regardless of whether you have fully paid your rent, it would be risky to ignore a nonpayment petition. The safer course of action is to attend the court proceeding and bring your proof of payments to establish to the Court that the rent has in fact been paid.

1 Answer | Asked in Landlord - Tenant for New York on
Q: My fiancee and I are living with my parents while we get back on our feet.

My fiancee and I are living with my parents while we get back on our feet. My dad seems to think he has the right to just come into her room and just go through stuff or to look for things I tell them we don't have. They think we have no privacy rights because they listed us as guests and I think... Read more »

Elaine Shay
Elaine Shay answered on Jun 10, 2019

Depending on local building codes and relevant regulations/laws, it may not be legal to place a lock on an bedroom door in a home. However, regardless of the legal issue, you are describing a tense family situation that would probably be better resolved by making your stay as brief as possible.... Read more »

3 Answers | Asked in Real Estate Law and Banking for New York on
Q: Is a Referee deed valid if the grantor listed was not on the deed

My house was sold back to the bank after a foreclosure the Referee listed my exhusband as the Grantor on the deed instead of me. He was removed from the deed by quit claim when we got divorced 12 yrs ago. He was still on the mortgage but he was no longer responsible for that either since he filed... Read more »

Elaine Shay
Elaine Shay answered on Jun 6, 2019

If the mortgage recorded against the property at the time your ex-husband executed a quit claim deed to you, he could only give you the interest in the property subject to terms of that mortgage.

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2 Answers | Asked in Real Estate Law for New York on
Q: Me and my partner have broken up but own a house together what do I do to get my name off of the house.

How can I get my name off of this house I no longer want this house anymore how do I go about this situation I don’t think he would want to sell if I mention it to him. He already has tried refinancing the house under his name but couldn’t his debt to ratio was too high. What do I do to get out... Read more »

Elaine Shay
Elaine Shay answered on Jun 4, 2019

If your partner cannot refinance and won't agree to sell the property, you can compel a sale by commencing a partition case in Supreme Court.

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2 Answers | Asked in Estate Planning, Real Estate Law, Elder Law and Municipal Law for New York on
Q: My husband's mother passed away and did not have a will. What will happen to her home? There is no mortgage owed.

The home is located in San Juan, PR. If there is no will, can my husband legally inherit the home? Or will it have to be sold? What happens then?

Elaine Shay
Elaine Shay answered on Jun 4, 2019

If your mother-in-law passed away while residing in New York State, your husband should be eligible to commence a proceeding to Surrogate's Court called an Administration. The share of the Estate your husband would be entitled to would depend upon whether his mother was married at the time that... Read more »

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1 Answer | Asked in Contracts, Estate Planning, Real Estate Law and Landlord - Tenant for New York on
Q: My father passed away and his house in Puerto Rico still has a tenant. She has been paying the same rent for almost

Over 15 years or so, I really don’t know. And the taxes are more than what she pays in rent. How h much can I raise the rent and when, etc. any info will help

Elaine Shay
Elaine Shay answered on Jun 4, 2019

Since the property is in Puerto Rico, your question would be better directed to an attorney admitted to practice in that jurisdiction.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Rochester NY, does month-month written agreement say I can use security deposit for last months rent? Rent paid may 1

Txt:"Your security deposit will be used toward any damages made to the room (as you have admitted to there being damage to the carpet) as well as retribution for any unpaid rg&e, internet and water charges after you have moved out. The remainder of the security deposit will be returned back to... Read more »

Elaine Shay
Elaine Shay answered on Jun 4, 2019

This language appears ambiguous. However, as a general rule security deposits are not intended to be used for rent unless a tenant is in arrears at the end of the tenancy.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: How can I respond to my landlord's 30 day to terminate my lease to request more time to move out?

My lease is month to month ending May 31st and I would simply like more time until July 1st . I do not wish to pursue any other legal action against them but simply want more time. Is this something that I should request via a lawyer?

Elaine Shay
Elaine Shay answered on May 16, 2019

In NYC to terminate a month-to-month tenancy a landlord is required to serve a 30 Day Notice. If the tenant does not vacate by the date specified in the Notice, the landlord's next step is to serve a Notice of Petition & Petition commencing a holdover proceeding in Housing Court. Because of the... Read more »

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