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Questions Answered by Sandra M. Colatosti
3 Answers | Asked in Family Law and Child Custody for New York on
Q: Does 3 non consecutive weeks of vacation access for both parents mean 1 week time frames or 21 days as the parent wants

We have an agreement that states 3 non consecutive weeks. My ex-wife sees this as an opportunity to take 21 days as she sees fit. I have been instructed this is incorrect and am looking for further advice

Sandra M. Colatosti
Sandra M. Colatosti
answered on Jun 28, 2022

By definition, non-consecutive means the weeks do not run together.

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1 Answer | Asked in Landlord - Tenant for New York on
Q: The tenants didn't want the furniture in my fully furnished place. I stored it. Their lease is up, who moves it back in?

I rented out my fully furnished apartment to tenants who were worried they would damage it (they have children). I did them a favor and stored it for the duration of their lease. Who is responsible for moving it back in? The contract says the home is furnished and has a detailed list of all the... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on Jun 24, 2022

You are.

1 Answer | Asked in Child Custody for New York on
Q: Could my sister lose in court custody because she works midnights?
Sandra M. Colatosti
Sandra M. Colatosti
answered on Jun 23, 2022

No.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Am I allowed to withhold rent in new york state due to unfixed flooding

I notified my landlord of flooding in my room in may it is the middle of June and it is still not fixed. My furniture has molded and had to be thrown out due to the flooding. I now have nowhere to sleep and the issue is not fixed. Can I legally withhold rent until they fix the flooding and give me... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on Jun 20, 2022

You can withhold the rent. However, if the landlord takes you to court to evict you and obtain a judgment for the rent arrears, the court may award you only a partial abatement of the rent for the portion of the apartment that constituted a breach of warranty of habitability and the landlord a... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: How do I go about a subpoena I received regarding a old apartment I lived at it say I owe money cause I broke my lease

I need some some help I received a subpoena regarding a old apartment I live at that saying I have to answer a questionnaire and that I owe them money for a back rent for me breaking my lease, I did break my lease but it was due to there negligence the apartment was infested with bedbugs my... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on Jun 18, 2022

Sounds like you received an information because your former landlord already obtained a judgment against you.

1 Answer | Asked in Landlord - Tenant for New York on
Q: I am a tenant/employee. In March I got a notice to move out June 30. I’m still working there. Should I pay rent ?

I’m still an employee at my job and live upstairs from work. I get paid bi-weekly and didn’t get paid may 26 .. on June 9 I got paid one paycheck. Should I pay July rent

Sandra M. Colatosti
Sandra M. Colatosti
answered on Jun 16, 2022

If you move out June 30, you wouldn’t have to pay rent for July.

1 Answer | Asked in Family Law and Child Custody for New York on
Q: can a guy that's dating a girl who pregnant and not the father sign the birth paper as if he was.
Sandra M. Colatosti
Sandra M. Colatosti
answered on Jun 13, 2022

Yes. However, by doing so, he will be responsible for child support for the child until the age of 21.

1 Answer | Asked in Child Custody and Family Law for New York on
Q: Is there any possible way to get away from my mentally and physically abusive mother? she cant support us three kids.

My mother is constantly yelling at us kids. She can not support the three kids she has. My father can support me and those living with him. My mother won't even let me bring him up in a conversation without her getting angry. Please help me. He is trying everything to get me but there's... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on May 22, 2022

Your father will need to file a petition with the Family Court in the county in which you live. Your father could contact the court to have them send him the petition or get a copy online at the NY courts website. The Court will give more weight to your desire to live with your father if you are a... Read more »

1 Answer | Asked in Child Custody for New York on
Q: I was not aware that I had a custody case order in effect from 2014. Neither of us went to court thought it was closed

I was not aware I needed court permission to move. My ex was okay with the move for the first 6 months of relocation. He was the one who funded and moved our belongings, he was my reference for the new apartment, he paid the rent as part of the child support, he was 100% ok with the move. The move... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on May 16, 2022

You should file a modification petition seeking to relocate with your son. I would advise you to speak to an attorney.

2 Answers | Asked in Child Custody for New York on
Q: I’m going for custody trial it’s worth to get a lawyer to represent my case , I feel my legal aide from court is not
Sandra M. Colatosti
Sandra M. Colatosti
answered on May 16, 2022

It always is better to be represented by a lawyer, especially if there is a trial.

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1 Answer | Asked in Landlord - Tenant for New York on
Q: Living in “Seasonal” home all year without knowing ….

I live in Cairo, NY in an extremely small cottage for the last 4+ years and since I have moved in, I have questioned my landlord why my heating bills were so high and he said it was just the cost of electricity. Then recently, my landlord mentioned that this place used to be a resort which finally... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on May 15, 2022

I would think that if it truly was illegal to rent the cottage as a year-round home, the Code Department would issue your landlord some kind of citation or prohibit him from continuing to rent it out as a year-round home. You could try taking your landlord to small claims court if you feel you are... Read more »

1 Answer | Asked in Child Custody for New York on
Q: How do i give back custody of a child to her father.
Sandra M. Colatosti
Sandra M. Colatosti
answered on May 14, 2022

More information is needed to answer this question. For example, does he want custody? Are you the child’s mother? Why do you want to give custody back to him?

1 Answer | Asked in Car Accidents and Landlord - Tenant for New York on
Q: I scraped my landlord's car on March 31st. I immediately checked the car and did not see any damage. More below.

She responded quickly and informed me she did not see any damage either - not to worry it was okay and would park better in the future. Last Thursday, an itemized estimate for car repair was left on my kitchen table without any notice, entering my apartment without notice. This is over 35 days... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on May 12, 2022

This is not really a landlord-tenant matter, although she should not have entered your apartment without your permission. You should tell her that you do not feel that you should pay the bill because it was agreed at the time of the incident that there was no damage to the car. If she,... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: My mother agreed to sell her house to her nephew. He has broke all stipulations. Can she evict?

It was a verbal agreement. He quit paying her 4 months ago and now acts as if he owns the house. He even told her to find elsewhere to live. He has only paid a total of $2450 out of $75000. Did damage to the property without fixing it. He refuses to leave or pay. Can she evict him?

Sandra M. Colatosti
Sandra M. Colatosti
answered on May 11, 2022

Assuming she has not actually deeded the house over to him, she can evict him.

1 Answer | Asked in Landlord - Tenant for New York on
Q: I share apt w/ another person. I am going away for a month. Do I still have to pay rent? My name NOT on lease.

I am going away for a month, Share apartment with another person. Their name is on the lease, mine is not. This is not a vacation that I am going on. I feel like I should NOT be held responsible for my portion of the rent as I will not be incurring any expenses, nor will I be bringing in any income... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on May 10, 2022

While, technically, the person whose name is on the lease is liable for the rent, you should contribute to your portion of the rent for the month you are going to be away. If the entire rent is not paid, you could be subject to eviction as an occupant of the premises. You might want to look at it... Read more »

3 Answers | Asked in Family Law for New York on
Q: Good morning I had a fire and I let my daughter stay with her father to go to school now he doesn't want to give her bac

I went and got her yesterday now he is telling me to bring her back or I am going to jail what can I do

Sandra M. Colatosti
Sandra M. Colatosti
answered on May 7, 2022

If you do not already have a custody order, you should file a custody petition in Family Court.

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2 Answers | Asked in Landlord - Tenant for New York on
Q: Can my landlord evict me for opening our window? Says downstairs neighbors bill doubled due to this.

Our landlord has threatened to evict my family due to the downstairs neighbors electricity bill doubling, it’s spring time and we can’t even open our windows afraid of getting evicted.

Sandra M. Colatosti
Sandra M. Colatosti
answered on May 5, 2022

How does your open window affect the downstairs tenants' heating bill?

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1 Answer | Asked in Landlord - Tenant for New York on
Q: Can a landlord evict because tenant stop paying rent for no repairs and cockroach infested we put our rent money toward

One of the tenants are disabled the other one has a asthmatic machine. So what can we do legally to get our electric back on because they shut it off. We put our rent toward cockroach sprays and bug killer and bait and traps

Sandra M. Colatosti
Sandra M. Colatosti
answered on May 4, 2022

Your landlord can start a non-payment eviction proceeding. You would be entitled to a reduction in the rent for breach of warranty of habitability, but not necessarily the entire rent.

2 Answers | Asked in Family Law and Domestic Violence for New York on
Q: 6 days no communication. Then had to ask two days in a row, 2 days before court if it was adjourned. It was not.

This is often and my requests are ignored. I never have any direction or answers. After expressing my concerns multiple times, my lawyer motioned to be removed. Can I get a new 12b lawyer?

Sandra M. Colatosti
Sandra M. Colatosti
answered on May 1, 2022

You can explain your situation to the judge and ask to have a new lawyer appointed to represent you.

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