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Questions Answered by Roland Godfrey Ottley
2 Answers | Asked in Landlord - Tenant for New York on
Q: My landlord lives above me and makes excess noise daily. I have complained several times. They’ve acknowledged the noise

And said they’d quiet down. Didn’t happen. The next time I went to them they said they’d soundproof ceiling. Nothing. I have so much video of the noise from upstairs. I’m startled daily out of my sleep from them dropping things on the floor. I also used a decibel reader, and when they drop... View More

Roland Godfrey Ottley
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answered on Jan 17, 2024

I would say that you would have a case for harassment and constructive eviction, amoung other possible claims. You seem to have the ability to measure and record the ambient sound from their apartment to record the chronic noncompliance. You should consult with a landlord tenant attorney. Good luck.

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2 Answers | Asked in Landlord - Tenant for New York on
Q: My building was bought at auction and I had a living agreement with my last landlord to rent now my new landlord is

Trying to take me to court to evict me. what are my rights

Roland Godfrey Ottley
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answered on Jan 9, 2024

Since you have a lease (written lease) in effect from your prior landlord, then the new landlord may find it difficult to evict you from the premises. The new landlord will have to show that you are not paying rent, you are causing a nuisance, you are breaching the lease or the owner wants to use... View More

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3 Answers | Asked in Immigration Law for California on
Q: A F1 student with valid status is elegible for Medi-Cal. Use the benefit can bring problems? Like to get a green card?
Roland Godfrey Ottley
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answered on Jan 8, 2024

Most universities and colleges offer their own health insurance plans specifically designed for international students. These plans generally meet visa requirements and can be a good option for F1 students. Alternatively, F1 students can also purchase private health insurance plans from various... View More

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3 Answers | Asked in Immigration Law for Colorado on
Q: DACA extended parole

I am a DACA recipient can i get an extended parole to visit family in Mexico if it is for a wedding?

Roland Godfrey Ottley
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answered on Dec 23, 2023

I do not believe it would be a good idea for you to travel outside of the United States for that purpose, because it may not qualify for a reason to obtain advanced parole. In addition, you may be subject to the 3 or 10 year bar to returning to the USA, if you leave the United States after having... View More

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3 Answers | Asked in Immigration Law for New Jersey on
Q: Can i file a humanitarian reinstatement of a petition filed by my mother who passed away in 2014?

Hi there, my mother petitioned me in 1992 and got current in 2010 but failed to proceed with it. My mom passed away in 2014, me and my husband entered USA in 2012 with r1 and r2 visa that expired last 2016. we’re currently staying here in NJ. Then my brother, an american citizen who also lives... View More

Roland Godfrey Ottley
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answered on Dec 15, 2023

You have acquired more than 1 year of unlawful presence in the USA, so if you LEAVE, you will face a 10 year bar to returning to the USA. Your unlawful presence will prevent your F4 adjustment application. However, you may be eligible under section 245(i) of the INA, since your mom filed for you in... View More

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3 Answers | Asked in Criminal Law, Immigration Law, Federal Crimes and Gov & Administrative Law for Colorado on
Q: Is it possible to purchase a pistol for my situation legally? Thank you for helping!

I'm married so In my green card process in CO. I've EAD Card, Temporary SSN, Currently I'm getting a driver license, Hunting license.

I've been staying Denver for almost more than 1 year.

In my apartment someone got shot and died a couple days ago by some guy so... View More

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answered on Dec 9, 2023

You need to do a consult with an immigration attorney in Colorado. Here is some information that may help.

According to Colorado Gun Laws, you need to provide identification and pass a background check through a licensed firearms dealer or through the Colorado Bureau of Investigation...
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1 Answer | Asked in Divorce, Immigration Law and Family Law for Washington on
Q: I have a couple questions I was wondering if you could help with:

1- If a legal permanent resident of the United States who is married to a US citizen moves out of the country permanently do they need to notify USCIS? And do they need to abandon their residency if they do not plan to return? Also, if they don’t notify USCIS, should their spouse do it, and could... View More

Roland Godfrey Ottley
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answered on Dec 9, 2023

A permanent resident married to a US citizen must notify USCIS when moving out permanently.

If they don't plan to return, formal abandonment through Form I-407 is necessary.

The I-864 affidavit becomes invalid upon permanent departure, regardless of formal abandonment....
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1 Answer | Asked in Divorce, Immigration Law and Family Law for Washington on
Q: If a permanent resident of the United States moves to their country of origin permanently and divorces their US citizen

…spouse, are they entitled to maintenance from the affidavit of support that their spouse signed? I read the affidavit is no longer enforceable if the permanent resident leaves the USA. But what if they don’t formally abandon their residency? Can they still sue their spouse and demand monthly... View More

Roland Godfrey Ottley
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answered on Dec 9, 2023

A permanent resident married to a US citizen must notify USCIS when moving out permanently.

If they don't plan to return, formal abandonment through Form I-407 is necessary.

The I-864 affidavit becomes invalid upon permanent departure, regardless of formal abandonment....
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3 Answers | Asked in Landlord - Tenant and Personal Injury for New York on
Q: Is my landlord responsible for my medical bills- I was struck by lightning on her property.

She has no insurance on the property that I am aware of. The tree that was struck was extremely tall, and near the house. They were told by an insurance co. to remove it years ago. She threatened to have me “ out on the street” if I contacted national grid to inspect the electrical system. She... View More

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answered on Dec 5, 2023

This is a rather complicated question as it evolves New York negligence law as well as landlord-tenant law. There are many questions to the answered in pursuing either one of these particular claims and so a consultation with an attorney would be necessary. Nevertheless, the tenant would likely be... View More

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2 Answers | Asked in Landlord - Tenant for New York on
Q: Does a tenant need to pay partial costs for items (fridge, cabinet, carpeting) at move out ? No lease in place.

Tenant lives in the Bronx and does not have a current lease. The landlord is asking they pay for repairs/upgrades needed to household items (ex. fridge, cabinet, carpeting). Tenant moving out at beginning of month, and paying for the full month. Landlord will be keeping deposit.

Is tenant... View More

Roland Godfrey Ottley
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answered on Dec 5, 2023

Your friend should ask the landlord to provide her with a detailed list of the repairs and upgrades that he is claiming are necessary, as well as an estimate of the cost of the repairs. She should then review the list to see if she agrees with the landlord's assessment. If she does not agree... View More

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Q: In Massachusetts, Can you be terminated from a job, by employer,if you were arrested but trail ended in not guilty?
Roland Godfrey Ottley
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answered on Dec 3, 2023

I think that you may have a case against your employer. Possibly for terminating you before you were able to exonerate yourself against allegations of committing a crime. In addition, there are statutes in In some states, nuch like New York that would address an employer terminating an employee... View More

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2 Answers | Asked in Immigration Law for California on
Q: Who do I put as my granddaughter's petitioner on ds-260 application?

I'm petitioning my son and he has a daughter accompanying him. I paid for her fee and started her ds-260 application. In there, it's asking who the petitioner is, is it still me?

Roland Godfrey Ottley
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answered on Dec 3, 2023

I will presume that you are a US citizen and care son is single or he is married. Or in the alternative, I will presume that you are a green card holder and your son is not married. In any event, he would also be able to file for your son's daughter who would be granddaughter. No separate... 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

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answered on Feb 4, 2023

The landlord has a duty to decrease (mitigate) his damages. The landlord also has a duty to return your security deposit within 14 days of you vacating the premises. Landlord was supposed to deduct the cost of the damages that you caused to the apartment from your security deposit. Since your... View More

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2 Answers | Asked in Landlord - Tenant for New York on
Q: My neighbor has no lease with renters in his home. One renter is now in jail. How long should he wait to empty the room?
Roland Godfrey Ottley
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answered on Jan 25, 2023

Going in and emptying the room is not lawful. You should confirm that the tenant is in prison and then try to contact them to find out what they would and would not be able and willing to do to keep the place or whether they would surrender the premises. If no agreement can be reached, you may have... View More

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3 Answers | Asked in Landlord - Tenant for New York on
Q: Is it legal for my landlord to use a window (not open) to enter my home while we are away? He lost his key

This is an email the landlord sent while I was away. Is this legal to do for him? The reason is that he have lost his key.

"We did test the boiler for the third time this morning and it started up without hesitation. I left the heat on so it should be warm when you arrive. I did have... View More

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answered on Jan 24, 2023

It is not lawful for the landlord to enter into your apartment in the way that you have described. As a tenant, you have exclusive possession of the space that you are paying rent for. If the landlord would like to get access to your apartment, the landlord has to request reasonable days for... View More

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3 Answers | Asked in Landlord - Tenant for New York on
Q: I paid first month rent and security deposit before i moved in. Can they use my security deposit for 2nd month?

I am having a problem with my bank account due to fraud, I am wondering if management can use the security deposit I gave before I moved in for this month that I owe rent on.

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answered on Jan 12, 2023

No! The security deposit is your money that the landlord gets to hold in trust. The 2019 changes of the law would not allow the landlord to use your security deposit for rent without your consent. When you leave, the landlord must deduct the amount of damages and return the rest in 14 days. You... View More

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3 Answers | Asked in Landlord - Tenant for New York on
Q: If you want to evict squatters in New York State, how many days to quit the premises must the Notice to Quit indicate?
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answered on Jan 1, 2023

10 days notice.

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1 Answer | Asked in Landlord - Tenant for New York on
Q: Landlord's employee came into my apartment when I was naked, they did not knock on the door.

How much can I get if I sue?

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answered on Jan 7, 2024

You may have a case for breach of quite enjoyment, violation of privacy and negligent infliction of emotional distress. Your damages would depend on the strength of your cases. I strongly advise that you consult with a landlord tenant attorney who is familiar with such cases.

3 Answers | Asked in Immigration Law for New York on
Q: expired and lost green card

green card is expired and lost do i just need to file an l-190 or are there additional forms i need to get done

Roland Godfrey Ottley
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answered on Dec 22, 2023

I-90 and some affidavit explaining how the card was lost.

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2 Answers | Asked in Landlord - Tenant for New York on
Q: nonpayment vs holder over case for basement tenant nyc

i have a tenant in the basement that has not paid, i am just looking to get them out not get the money they own. Which case type is the best in this scenario?

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answered on Dec 11, 2023

You will have to go with the holdover case, because since it's a basement apartment, you would not be able to enforce the payment of the rent that you have charged.

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