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Questions Answered by Sandra M. Colatosti
2 Answers | Asked in Landlord - Tenant for New York on
Q: How is this legal ?? I went to court for eviction with a legal aid the pension is agree to amend petition to include

Present rent which is June the judge gave me till the 14 of July to pay the back owed $ on June 6 my landlord went to city marshals to get me out in 14 days my aid sent me a copy of court paper by mail with another paper saying to pay June rent on time really ?????

Never agreed to that... View More

Sandra M. Colatosti
Sandra M. Colatosti
answered on Jun 24, 2023

Generally, an agreement to pay the arrears includes a provision to pay the current rent on time. Failure to pay the current rent on time is grounds for the landlord to have you evicted. You can stop the eviction by paying all the rent you owe.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: I've been without full power in my mobile home because park management will not do electrical repairs and I was told it'

It's a dangerous situation and I have no hot water or cooking stove

Sandra M. Colatosti
Sandra M. Colatosti
answered on Jun 4, 2023

It depends. If you own the mobile home and there is an electrical problem in the home, you are responsible for getting it repaired. If you rent the mobile home, the owner is responsible. If the problem is outside the home, the park manager or power company would be responsible for the repair,... View More

3 Answers | Asked in Landlord - Tenant for New York on
Q: i live in NYS and would like some advise on how to evict my boyfriend from my home.

BF is not on my mortgage. we have one child in common who is 6. he will not leave. i have been given conflicting information on how to proceed so i would appreciate any guidance.

Sandra M. Colatosti
Sandra M. Colatosti
answered on Apr 26, 2023

First, you need to have him served with a 10-day notice to quit. If he does not leave after the 10 days, you have him served with a 30 day notice (i.e., must serve by the end of the month prior to the month at the end of which you are telling him to leave). If he doesn't leave, you must file... View More

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3 Answers | Asked in Landlord - Tenant for New York on
Q: Can i get my security deposit back

My landlord for the last apartment I was in had a security deposit of $750 dollars. I paid this and lived in his apartment for over a year on a month to month basis for the same price of $750 dollars. I found a new apartment in December of 2022 and told my landlord about this on December 26th, and... View More

Sandra M. Colatosti
Sandra M. Colatosti
answered on Feb 5, 2023

Under the law, as a month to month tenant, you were required to give your landlord 30 days notice of your intention to vacate; ie, you were required to notify him on or before November 30 that you intended to vacate by December 31st.

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1 Answer | Asked in Child Custody and Family Law for New York on
Q: I have temporary custody of my 21-month-old son. His mother is allowed visitation that is supervised by a CPS twice week

the mother saw the child on 1/24/2022 and was actively using strong drugs. She was tested and tested positive and now is in a rehab. This has been her MOA since she lost custody in 1/2022. We would like legal advice on getting full permanent custody of the toddler. She has an extensive history of... View More

Sandra M. Colatosti
Sandra M. Colatosti
answered on Jan 29, 2023

If the child was placed with you under neglect proceedings against the mother, the court will decide if you should be placed with you permanently during the dispositional phase. You also could file a custody petition.

1 Answer | Asked in Child Custody, Domestic Violence and Libel & Slander for New York on
Q: Custody against an Abuser

I have a custody case coming up at the end of January my child's mother is suspected to be a narcissist I can prove with text messages and recorded phone calls of the abuse she jumps in to relationship to relationship to relationship immediately allowing the new partner to meet our child in... View More

Sandra M. Colatosti
Sandra M. Colatosti
answered on Jan 6, 2023

You can ask the judge to include a provision in an order that neither parent is to introduce the child to a new paramour until at least six months after beginning the relationship. You would benefit by consulting with a lawyer regarding your case if you wish to obtain custody.

3 Answers | Asked in Landlord - Tenant for New York on
Q: As a home owner do I have to pay for broken damaged appliances caused by my tenant?

I am a home owner and when my tenant moved in, all appliances including ceiling fan was in excellent working safe condition. Last summer I had to replace the ceiling fan because he was being too rough with it that the wires got disconnected. Now the oven door frame is broke (looks like it was... View More

Sandra M. Colatosti
Sandra M. Colatosti
answered on Jan 3, 2023

If the tenant is responsible for paying for any damage caused to your property. Therefore, you can ask him to pay for repair or replacement of the item. If he refuses to pay, you may deduct from his security deposit or take him to small claims court. However, the court may only award you an amount... View More

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2 Answers | Asked in Child Custody for New York on
Q: If my mom had custody of my child and she recently passed away does the custody go back to me
Sandra M. Colatosti
Sandra M. Colatosti
answered on Dec 29, 2022

If there was an order giving your mother custody, you must file a modification petition in Family Court stating your mother’s passing as a change in circumstances. If she was awarded custody on your consent or per court order because, for some reason, you were unable to care for your child at... View More

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1 Answer | Asked in Child Custody and Family Law for New York on
Q: We have questions about relinquishing custody of a 14 year old nephew to his adult siblings.

In August of 2020, my husband and I were given primary physical and joint legal custody of our 12 year old nephew. Both parents were deceased and his two adult siblings asked us to take him as they did not feel equipped to raise him. After two and a half years we feel as though it is time for his... View More

Sandra M. Colatosti
Sandra M. Colatosti
answered on Dec 27, 2022

His siblings must be willing to assume custody of your nephew. If they are not, the Court cannot force them to take custody. If one of them is willing to assume custody he/she should file a custody petition. If you know longer wish to maintain custody of your nephew and neither of the siblings... View More

2 Answers | Asked in Family Law and Child Custody for New York on
Q: Can I request a Lincoln Hearing on a custody modification petition appeal??

Father got full custody of children in August. I’m in the process of filing an appeal on that. Last month, I filed a custody modification due to ongoing reports of alleged abuse by the father. CPS was called by the ER and by the school. CPS worker blamed me for the calls and accused me of... View More

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

No, the appeal is based on the evidence presented at trial or information presented to the Family Court judge. You cannot present new evidence on appeal. You could try making a motion to reargue or renew in Family Court.

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1 Answer | Asked in Landlord - Tenant for New York on
Q: mailboxes belonging to me and other tenants keep getting broken into. NO WORKING CAMS! Stealing our rent too! can we sue

To pay our landlord, we must leave the money in a mailbox which keeps getting broken into and someone is stealing the money from other tenants and me randomly. We are STILL required to pay the amount that was STOLEN. Not only that, even packages are getting taken from tenants' doors. When we... View More

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

You should make arrangements with landlord to pay rent another way- by mailing check/money order to LL; paying through a payment app like PayPal or Venmo or making payments into all’s bank account

2 Answers | Asked in Child Custody, Child Support, Domestic Violence and Family Law for New York on
Q: My ex is incarcerated and it was a domestic violence situation . His mother is requesting custody . Can I ignore this ?

My ex is arrested for attempted murder . He also abused me and his mom was aware that I could not escape the situation easily . She has never met our baby , called or texted me. 3 years later she is trying to serve me with papers for custody / Visitation. Can I just ignore this request ? It is not... View More

Sandra M. Colatosti
Sandra M. Colatosti
answered on Oct 3, 2022

You must appear in court to answer the petition. The fact that she is petitioning for custody does not mean that she will be given custody. Because she is a non-parent, she would have to first show extraordinary circumstances, such as abandonment or neglect on your part. She would then have to... View More

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1 Answer | Asked in Landlord - Tenant for New York on
Q: in ny is there a letter for tenant transfer apartment for security deposit difference to use as first month rent

hi, my tenant is switching from the front apartment to the back apartment she paid the security deposit now we both agreed since it will be less rent in the back she will transfer the security deposit from front to back and the difference of $125 will go to first-month rent is there a legal... View More

Sandra M. Colatosti
Sandra M. Colatosti
answered on Sep 27, 2022

You might want to provide her with a statement similar to the one you would if she was moving completely within 14 days she moves out of the one apartment. You might want to wait to see the condition of the apartment she is moving out of before putting anything in writing.

2 Answers | Asked in Child Custody and Divorce for New York on
Q: My 15 years old daughter is manipulated by her uncle. I am trying to get custody. How will I keep uncle away?

I filed divorce. My wife is using her brother to detach my children from me. I can prove that.

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

Custody can be determined in your divorce proceeding either by agreement or by trial. If you and your wife are unable to agree to a custody that you like, you would benefit from retaining an attorney if you hav not done so already.

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2 Answers | Asked in Family Law and Child Custody for New York on
Q: If my kids were taken out the country with there mother without my consent and we have joint custody?

I'm asking because I have reason to believe she has. She asked me to sign some papers, I asked her where she was going. Here response was it's none of my business.

Sandra M. Colatosti
Sandra M. Colatosti
answered on Aug 2, 2022

Unless the order states that the children cannot be removed from the country, state, area, etc., there is no prohibition against taking the children out of the country without the other parent's consent. It becomes a problem if the relocates the children to another country permanently.

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1 Answer | Asked in Child Custody for New York on
Q: My kids are 13 yrs old and 15 yrs old. If they want to stay with me, can I get full custody? I am in New York.

I am father.

Sandra M. Colatosti
Sandra M. Colatosti
answered on Jul 30, 2022

They are at an age at which their wishes about whom to live with would be given greater weight. However, it would be just one of the factors the court would consider. You first would have to show a change in circumstances, that being the children’s desire to live with you. You then would have to... View More

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... View 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... View More

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... View 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... View More

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... View 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... View More

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... View 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,... View More

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