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Questions Answered by Elaine Shay
1 Answer | Asked in Landlord - Tenant for New York on
Q: Management made the super knock on my door for the rent. That is a private matter that the super shouldnt know right?
Elaine Shay
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Elaine Shay
answered on Jun 22, 2022

Wrong. There is no requirement that truthful information regarding rent arrears be withheld from employees working on behalf of the landlord.

1 Answer | Asked in Real Estate Law for New York on
Q: Hello, I am building a home in NC and SC They are each past the dates of completion.Can I get my money back? Andrea

There is no date for closing. Each place says thanks for your patience but can’t say when the houses will be completed.

Elaine Shay
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Elaine Shay
answered on Jun 17, 2022

The laws in different states can vary substantially. Therefore, as these properties are not in New York, your question would be better directed to attorneys in the states where the properties are located.

2 Answers | Asked in Landlord - Tenant for New York on
Q: I lease an apt but don't live in it what rights does someone living in it 3yrs have?

I gave her 60 days notice to leave and she said she has rights and that I cant do this. I have family that wants the apt.

Elaine Shay
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Elaine Shay
answered on Jun 3, 2022

If you subleased your apartment, you stand in the role of landlord to your subtenant. If your subtenant will not voluntarily vacate, like any landlord, you must commence a court proceeding to recover possession.

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1 Answer | Asked in Landlord - Tenant for New York on
Q: Need a landlord attorney that won’t break the bank. Tenant has not paid rent going on 4 months

Tenant has blocked all communication with us. Saw her in driveway over the weekend and she acted like she did not know who I was and called the police saying she was being followed and harassed, I was just asking if I could please have the rent. Trying to do this the nice way, gave her 3 separate... View More

Elaine Shay
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Elaine Shay
answered on May 24, 2022

Like myself, there are many attorneys who respond to questions posted here and can assist you with a landlord/tenant matter. Simply search the attorney directory and select one or a few attorneys to reach out to and interview.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for New York on
Q: Rent is being increased from 1950 to 3500 with no written notice. What can I do? Lived in the home for 12yrs on LI.

The current lease that I have signed by the owners of the home is dated 2012. One of the owners has passed away and the second owner is bed-bound and dying. The wife has hired a broker and the broker is making all the decisions on the home. When speaking with the broker she states that all the... View More

Elaine Shay
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Elaine Shay
answered on May 20, 2022

Unless you have a current lease or live in rent regulated housing, there is no restriction on the amount that a landlord may charge for rent. However, in 2019 HSTPA was enacted state-wide and landlord's are required to give written 30-90 day notice of rent increases of 5% or more.

3 Answers | Asked in Estate Planning and Probate for New York on
Q: My mother and step-father (who are residents of NYS)own valuable real estate. If my mom passes away, do I have any

claim to her share of the property?

Elaine Shay
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Elaine Shay
answered on May 9, 2022

Basically that depends on two factors -- how title to the property is held and whether your mother has a will.

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1 Answer | Asked in Real Estate Law and Elder Law for New York on
Q: How can I get my father’s home in PR in my name?

In 2010 , my father built a house in PR. He had a stroke in Oct 2021 which left him unable to stand or talk. He lives with me in NY and I have a POA for him. He needs to apply for Medicaid quickly so he can get full time home care but hasn’t because we are trying to protect the house. I didn’t... View More

Elaine Shay
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Elaine Shay
answered on May 6, 2022

New York has a 60-month Medicaid Look-Back Period for Institutional (nursing home) Medicaid that immediately precedes one's Medicaid application date. During this period, Medicaid checks all past asset transfers to ensure no assets were gifted or sold under fair market value. However,... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: She used an old warrant of eviction that was granted before she accepted the erap. We never went back to court

We owed rent and then went to court last october.that amount has since been paid by the erap.she had me served with the old warrant of eviction even after she got the money from the erap program,we never went back to court for anything owed that wasnt covered by erap.so basically what we went to... View More

Elaine Shay
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Elaine Shay
answered on Apr 26, 2022

Generally, you may file for an Order to Show Cause ("OSC") seeking to stay the eviction and vacate the prior judgment in the court that issued the judgment and warran.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Is there a lawyer that does pro bono work in eviction in greene co.

Trying to evict a module home owner off my property. He doesnt pay rent but pays the taxes on the land instead.

Elaine Shay
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Elaine Shay
answered on Apr 26, 2022

Generally, pro bono services are not available to property owners. However, it is important to move forward on your claim to prevent the tenant from obtaining rights to the property by adverse possession.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: renting question when owner is selling house

I rent an apartment in a house, no lease- month to month. the owner is selling house. She wants to send open house viewers into my apartment now and i am worried about covid. She said it would be second viewers only, but isn't following through with this. Is this fair? Do I have any rights? I... View More

Elaine Shay
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Elaine Shay
answered on Apr 25, 2022

A landlord is not required to share information regarding plans to move from or sell the property they own. Unless a tenant has a lease or is a rent regulated tenant, a landlord does not usually have to have a reason to ask a tenant to move. When selling a house, landlord's are not required... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New York on
Q: My grandma died and left no will for her property and land in Jamaica, WI. I live in the US. What do I need
Elaine Shay
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Elaine Shay
answered on Apr 20, 2022

If your grandmother resided in Jamaica at the time she passed, the laws of Jamaica determine how her property will be distributed. Therefore, you should seek counsel in that jurisdiction.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Renting in jamaica queens apartments Please help with my notice for not renewing my lease without cause?

I am been asked to find new apartments and given 3 month notice stating my lease will not be renewed. I do not know the reason why they are saying so and we are finding it hard to find new house to buy or rent in this market. I have baby with special needs and i do not know what to do. I want to... View More

Elaine Shay
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Elaine Shay
answered on Apr 20, 2022

The landlord is not required to renew or extend a lease or state a reason for seeking to terminate a non-regulated tenancy. However, if you do not vacate by the date specified in the Non-Renewal Notice, the landlord must obtain a judgment of possession through the courts before you can be evicted.... View More

2 Answers | Asked in Landlord - Tenant, Tax Law and Business Law for New York on
Q: I live in the US and own a condo in Jamaica, WI I want to rent to vacationers. What do I need to do to?
Elaine Shay
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Elaine Shay
answered on Apr 20, 2022

Since the property is not in New York, your question is better directed to an attorney in Jamaica as New York law will not apply.

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1 Answer | Asked in Real Estate Law for New York on
Q: Can I Airbnb my owned apartment for more than 31 days in NYC?

I'm the owner of a residential apartment in New York City in a 45-unit condo and I want to know if our rules are in conflict with owner's rights to sublet. "GUEST POLICY Under the New York State multiple dwelling law, a residential multiple dwelling can only be used for what is... View More

Elaine Shay
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Elaine Shay
answered on Apr 17, 2022

Coops/Condo may adopt more restrictive residency rules than NYC

2 Answers | Asked in Estate Planning and Real Estate Law for New York on
Q: My father and his wife both passed away owning a house. Can my father's wife kids sell the house without my brother and
Elaine Shay
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Elaine Shay
answered on Apr 17, 2022

Depends on the name the house was owned in and the order in which your father and his wife died.

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1 Answer | Asked in Real Estate Law for New York on
Q: mother in law loaned 150000 used house as collateral and sign the collateral loan papers can she put lien and stop sale?
Elaine Shay
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Elaine Shay
answered on Apr 13, 2022

If the owner of a property takes a loan to someone (including a mother-in-law) that is secured by a mortgage against the property, the property cannot be conveyed free of the mortgage unless it is satisfied at the closing.

2 Answers | Asked in Landlord - Tenant for New York on
Q: I have a court date for non payment eviction on april 18th. If I pay what I owe before court, do they have to cancel it?
Elaine Shay
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Elaine Shay
answered on Apr 13, 2022

In order to assure that you have been given credit for your payment and that the landlord does not continue to prosecute the case, you should appear to confirm the case has been discontinued.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Can you evict an 18 year old from the family residence in NY who has not graduated high school?

And before anyone else offers a lecture on parenting, maybe assume we have done everything else in our power and are being terrorized on a daily basis.

Elaine Shay
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Elaine Shay
answered on Apr 12, 2022

Maybe the better question is why would a family member living with the 18 year old want to evict a high school student from his/her family home. If there are problems within the family, there are a number on resources for assistance depending on the problems involved.

1 Answer | Asked in Real Estate Law for New York on
Q: how much does it cost to do add a person to deed and put in stipulations
Elaine Shay
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Elaine Shay
answered on Mar 21, 2022

The fee lawyers charge to prepare deeds vary between firms. In addition, in order to record a deed, transfer tax documents also need to be completed and filed. The amount of any transfer tax depends on the amount paid and where the property is located. The same is true for the filing fees.

1 Answer | Asked in Contracts, Real Estate Law, Construction Law and Landlord - Tenant for New York on
Q: we rented/own property from a shady dealer who promised that we'd have foundation (there isn't). can we sue or get help?

my mother who rented from our old landlord was promised that the three houses (trailers) would have foundation under all of them. when the ink was placed and the money spent we were stuck with 3 trailers that had no foundation, were not up to code, and now are slowly destroying themselves because... View More

Elaine Shay
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Elaine Shay
answered on Mar 17, 2022

In order to determine whether you have a potential cause of action against the seller, the contract that was signed will need to be reviewed. I suggest scheduling a consultation with a local attorney to have the contract and the facts of your situation properly reviewed so that you can receive the... View More

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