In order to surrender the apartment to the landlord, you must leave the apartment vacant and free of other occupants. If you fail to do so, the landlord can seek to hold you liable for rent and or legal fees that continue to accrue.

Since you are in the role of "landlord" to... View More

If you own a coop, whether in a brownstone or larger building, you are responsible for the full maintenance charges to the Coop regardless of a billing error by the property manager.

Many contracts don't even need to be reduced to writing to be enforceable. For example, when you fill up at a gas station try to leave without paying even though you don't have a signed contract to pay for the gas.

There is no simple form or other step to take. Litigation is required to correct this situation unless the party the property was transferred to agrees to transfer the property back to your grandmother. Be sure to retain an attorney with experience in real estate litigation not just transactional... View More

If you advise the owner in writing that you do not want to be contacted about any buyout offer, the owner cannot contact you about it for 180 days unless you advise the owner in writing at some earlier time that you are interested in discussing a buyout, or unless the Court permits the owner to... View More

In order to legally evict a tenant, you must start either a non-payment or holdover case. While corporate owners are required to have an attorney start these types of cases, Individual owners are not require to retain an attorney but it is a very good idea to retain an attorney to assist you as... View More

Generally, neighbors cannot consent to waive zoning or regulatory requirements as they are public not private rights/requirements.

Stop wasting time and hire a local landlord-tenant attorney to commence a nonpayment or holdover case. Both types of cases require the service of predicate notices that must include Hardship Declarations. If your tenant returns the Hardship Declaration you will essentially be prevented from... View More

There are very limited circumstance that would allow a tenant to be legally evicted during the Covid Pandemic. unfortunately, you have not provided enough information to provide you with meaningful information related to your matter.

Small Claims Court can award monetary damages but does not have the authority to issue injunctive relief, which must be sought in NY Supreme Court.

If you have not yet been served with a Termination Notice or Petition there is really nothing much to worry about as your landlord has not begun the necessary steps to force you to move. As a result of the Covid Pandemic if the landlord does serve you with a Termination Notice, he will also be... View More

Most short-term rentals in NYC such as those offered through Airbnb are not legal. If you are agrieved by how Airbnb is handling your request for reimbursement, you may consider commencing a Small Claims case. However, Airbnb typically includes an arbitration requirement. Therefore, you should... View More

While it is certainly understandable that you would be concerned about bedbugs in your building the applicable disclosure laws vary in New York State depending upon where you live. For example, NYC has a disclosure requirement (see:... View More

Since you own the property as joint tenants with your ex-daughter-in-law, there is no squatter to evict. Your ex-daughter-in-law has as much right as you to rent or use the property. Instead, what you will need to do is commence a partitition action to force a sale of the property and seek an... View More

You will need to speak with your closing attorney to confirm whether you were given an adjustment at closing for the anticipated charges or if money was escrowed.

If you are dissatisfied with your landlord's response, you can commence an HP Proceeding in Housing Court to compel the completion of repairs.

Unless you have filed a Hardship Declaration, the landlord is permitted to commence and proceed with an eviction case. For thouse who have filed a Hardship Declaration, the moratorium on evictions has been extended to January 15, 2022. Please be aware that filing a Hardship Declaration does not... View More

If you want to be accommodating you can comply with the request to vacate by the 30th. However, if you do not vacate by that date, the prime-tenant or landlord will have to commence a Housing Court case to seek to evict you. As a result of the Covid pandemic, the eviction process can be even... View More

Contracts are private agreements between the parties to the agreement. Essentially contracts can say whatever the parties agree to but the Courts are not obligated to enforce terms that are against public policy or existing law.

Whether you are entitled to the return of your deposit depends upon the agreement pursuant to which the payment was made. You should consider sitting down with a local attorney to review that agreement.