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Questions Answered by Elaine Shay
3 Answers | Asked in Estate Planning, Real Estate Law and Elder Law for New York on
Q: My mother (90) owns her home in Huntington. She would like to add her 2 daughters to the title. What is the process?

Can we do this by completing a form or do we need to get a lawyer? Can we file electronically? I live in Maryland, but her house is in New York. Thank you.

Elaine Shay
Elaine Shay
answered on Sep 22, 2021

In order to add additional parties to title, a new deed must be executed. Unfortunately, technology advances, such as esignatures have moved forward faster than our legal system has adapted. Therefore, it is necessary to executed wet ink copies of the deed and accompanying transfer documents that... View More

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1 Answer | Asked in Foreclosure, Real Estate Law and Collections for New York on
Q: I'm i obligated to property or home if im not the executer ie liens
Elaine Shay
Elaine Shay
answered on Sep 20, 2021

Please try to ask your question more clearly for assistance.

1 Answer | Asked in Landlord - Tenant for New York on
Q: My daughter lives in New York City and co-signed an apartment lease with my wife and I as guaranteers.

The landlord is threatening to sue my daughter for supposedly back rent and the back rent of others who he allowed to live in the apartment at the same time my daughter did. He is sending threatening email and text to my wife and I as well. My wife and I live in Arizona. My daughter requested a... View More

Elaine Shay
Elaine Shay
answered on Sep 19, 2021

When tenants sign a lease with co-tenants or have roommates live with them and share rent expenses, the landlord can hold either tenant responsible for the full amount of the rent due under the lease. Unless a guaranty is limited in some manner, the guarantor obligates him or herself to do... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: Landlords voided our lease without informing us

Hi! My roommate and I signed a lease together on August 31 for September 1 however we were told the apartment would not be ready until the 10th. We contacted them on Tuesday the 7th and were told that our lease cannot be allowed as it was double-sided. So we then resubmitted the lease. And we were... View More

Elaine Shay
Elaine Shay
answered on Sep 9, 2021

It isn't clear from your post whether you have been dealing directly with the landlord or through a real estate agent/broker. If you were dealing with a broker and have not received a fully executed copy of your lease, you probably don't have a binding contract yet. If you do have a... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: If I move, am I responsible for the removal of a squatters belongings? I’m in Brooklyn, NY.

This person has refused to leave my apartment and I feel it’s better if I move. He’s never been on the lease and was only her to assist me as I am disabled and need attendant care. But he has a ton of stuff and I don’t want to be responsible for paying to move his stuff. I’ve been to... View More

Elaine Shay
Elaine Shay
answered on Sep 8, 2021

In order to successfully effect a surrender of an apartment to the landlord, it must be vacant of all occupants. If the tenant allowed someone else to also reside in the apartment, regardless of whether that person is referenced in the lease, the tenant remains responsible to the landlord until... View More

2 Answers | Asked in Landlord - Tenant and Real Estate Law for New York on
Q: Can you sue your landlord for moving expenses due to uninhabitable conditions?

can you sue your landlord for moving expenses due to uninhabitable conditions such as creating rodents, electrical conditions, no hot water, and stirring up asbestos by doing illegal renovations to a house? dust was all over the place. (breaking of walls) ( I had the items tested, it contains... View More

Elaine Shay
Elaine Shay
answered on Sep 7, 2021

Usually, violations that interfer with the habitability of your apartment may entitle you to a rent abatement but not necessarily other damages.

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1 Answer | Asked in Real Estate Law for New York on
Q: which form to use for the purpose of remove deceased spouse's name to the Title and Deed of the house in NY?

Where do I file the application to remove the deceased husbandis name in NY Queens County?

Elaine Shay
Elaine Shay
answered on Sep 7, 2021

In order to remove the name of a deceased spouse from the title to real property, a new deed must be recorded. Whether the property automatically passes to the surviving spouse or whether the estate may need to be probated/administered depends upon how title to the real property was held prior to... View More

1 Answer | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for New York on
Q: I live in auburn New York I had a flood in my apt it was sewage do I have a case

I was out of my apt last year for 3 in a half months for this they told us it was fixed and I lost a lot of furniture and clothes I would like them replaced and 2 plus 4 says they are not replacing anything

Elaine Shay
Elaine Shay
answered on Sep 3, 2021

Ideally a tenant should maintain renter's insurance to cover damages to his or her personal belongings. In the event a tenant a tenant does not have insurance coverage to cover his or her losses, a landlord may be responsible if the flooding can be proven to be due to the landlord's negligence.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for New York on
Q: I am on section 8 and my landlord wants to do renovations

I am on section 8 and my landlord wants to do renovations in the whole house without a permit and I think there is asbestos in the walls. Can I stop him until I get it checked out, or do I need to go to court to force him to stop?

Elaine Shay
Elaine Shay
answered on Sep 3, 2021

If your landlord begins renovations and does not have proper permits, you can call 311 to be referred to proper DOB office to report work without permits. If an inspector finds work is being done without the proper permits, a Stop Work Order can be issued.

1 Answer | Asked in Real Estate Law for New York on
Q: purchased together before marriage, never put in our names husband left divorced 3 years ago. Who owns the land

Land purchased before marriage. Never put deed in our names. Divorced 3 years ago without mention of propertyin the divorce. ExWife paid taxes last 3 years and occupied the home. Husband just put property deed into his and new wife's name. Told ex wife and 18 year old child they are squatters... View More

Elaine Shay
Elaine Shay
answered on Sep 1, 2021

Basically, anyone can file an adverse possession claim but that doesn't mean anything about the likelihood of obtaining a successful judgment. In New York, the standard for an adverse possession claim has evolved but the strength of the claim is heavily dependent on the facts of the... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: A friend paying the rent with his check. Lease is on my name. NYC landlord suspicious.

Mid year through the lease, I had to move out but the landlord did not want to break the lease even with three months notification. A friend moved in and has been paying the rent with personal check. The landlord is now suspicious. What can I do?

Elaine Shay
Elaine Shay
answered on Sep 1, 2021

If you moved out and had someone not on the lease move in to the apartment and pay rent, you have effectively subleased your apartment. Most leases prohibit tenants from subleasing without the landlord's consent. You ask, "What can I do?" The answer to that question depends upon... View More

1 Answer | Asked in Tax Law, Real Estate Law and Appeals / Appellate Law for New York on
Q: I have been paying commercial property taxes for a common ground

I own residential and commercial property that sits on 1 lot. The commercial property next to me was run by a bank and was recently vacated. A new owner has informed me of a substantial common ground

Elaine Shay
Elaine Shay
answered on Aug 31, 2021

Your post doesn't contain a question. If you want assistance with general information related to your situation, it would be helpful to understand what it is you want to know.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can my landlord put me out with just a 90 notice
Elaine Shay
Elaine Shay
answered on Aug 30, 2021

If you are not protected under any of the existing rent regulations and you don't have a current lease, the landlord may properly serve you with written notice terminating your tenancy on 30-90 days notice. If you fail to vacate, the landlord would then have to commence a holdover proceeding... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: I'm renting a house w/ lease stating "Yearly lease has potential for renewal up to 3 years" Can I stay if owner returns?

I am renting a house with a 3 year possible commitment. The lease states: "Yearly lease has potential for renewal up to 3 years with the rate staying the same and after the first year the ability for tenants to give 30 days notice of vacating without penalty" If the owner decides to... View More

Elaine Shay
Elaine Shay
answered on Aug 30, 2021

Leases, like other contracts, cannot always be accurately reviewed by looking at just one sentence or clause. Therefore, your best course of action to obtain an accurate answer to your question would be to forward the entire lease to an attorney and have it reviewed.

1 Answer | Asked in Real Estate Law for New York on
Q: Three brother inherited mother’s house. Two want to buy it together. Third will not agree to sell house. What can be don

The house is located in Aguadilla P.R.

He also refuse to agree to sell an additional property we inherited from my mother.

He said he would buy the house original. Once the house was appraised he wanted to buy it for less. Two other brother refused and said they both would by it at... View More

Elaine Shay
Elaine Shay
answered on Aug 24, 2021

If the property in in Puerto Rico, you will need to direct your questions to attorneys that practice there instead of New York.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Landlord is trying to get my wife to reapply for her rent-stabilized apartment instead of renewal.

My wife is a co-tenant in a rent-stabilized apartment. The other tenant moved out and severed contact with us. When we informed them, the management company told us that we had to reapply for the apartment instead of offering a renewal. Shouldn't my wife automatically be offered a renewal as a... View More

Elaine Shay
Elaine Shay
answered on Aug 23, 2021

When adding or deleting co-tenants to a rent stabilized lease, the landlord is generally permitted to issue a new lease instead of a renewal lease. However, this does not automatically mean that the landlord has the option to decline issuing the new lease to an existing tenant.

1 Answer | Asked in Real Estate Law for New York on
Q: If husband passed away and on lease do I have to reapply if I’m already in the apt
Elaine Shay
Elaine Shay
answered on Aug 19, 2021

In part that depends on the terms of the lease and whether the apartment is rent regulated in any manner.

1 Answer | Asked in Landlord - Tenant for New York on
Q: I’m in NY. Can you tell me the law for eviction where there is no lease in place with no rent?

Brother will not leave my parents house. He has caused damage to their property, involved in drugs and has verbally threatened them. He refuses to leave. He has been there going on 2 years.

Elaine Shay
Elaine Shay
answered on Aug 18, 2021

In family situations, Housing Court may not be the appropriate route and an ejectment proceeding may have to be commenced. The determination of which court to proceed in and the required notices can you complicated for a non-lawyer to properly navigate. Therefore, consider retaining experienced... View More

1 Answer | Asked in Contracts and Real Estate Law for New York on
Q: How would I arrange a Tennants in Common situation to jointly buy a home with several people?

What type of real estate agent would I need? What type of lawyer would I need?

Elaine Shay
Elaine Shay
answered on Aug 9, 2021

It is important that you retain an attorney that is well-versed in forms of propery ownership to confer with you about the form you ownership you mentioned. For example, it may be more advantageous to own the property as an LLC with an operating agreement that provides for addressing common... View More

1 Answer | Asked in Banking and Probate for New York on
Q: Person not participating in inheritance procedures.

My brother refuses to be involved in signing papers needed regarding my fathers estate. My mother’s bank accounts are frozen and they have a house in PR. Also my father sold his car to his brother in PR before dying but no title was signed my brother refuses to sign an affidavit giving up his... View More

Elaine Shay
Elaine Shay
answered on Aug 2, 2021

If a required family member will not sign waivers, the party seeking to file the Petition for Probate or Administration will be required to seek the service of Citations from the Court.

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