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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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
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
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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answered on Jan 1, 2023
10 days notice.
Our mom was approved for a green card at 2016. At the same time we(her children) were approved too even if we were in Africa at 2016. We started the process to move from Africa to Usa. And finally at 2018, we got a visa type YY to travel to USA. In 2020, We started the process to get our green... View More
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answered on Aug 2, 2022
I am not sure why your lawyer gives that advise! Nevertheless, I would say that since your mother's status has now changed to that of a US citizen, your status changed to a potential derivative citizen, an immediate relative; a preference one category; or a preference three category. The... View More
The intercom and buzzer for my apartment hasn't worked in over a year. My building management has claimed over the same year that they are waiting on a chip to replace the entire system. In the interim, Ive requested an electrician look at the current system to see if a temporary solution... View More
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answered on Aug 2, 2022
NYS Multiple Dwelling Law Sec. 50-a, regulates entrances: doors, locks and intercommunication systems in building that meet the criteria. Your landlord/ management company has to have the intercom and buzzer. The owner should explain why it is taking a year to fix the intercom and buzzer system.... View More
My parents applied for asylum 9 years ago when we first came to the US. We came with visit visa and never left. I got married to a citizen and just got my green card. In three years I will be a citizen and my question is can I apply for my parents green card if they have PD? I need to learn if... View More
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answered on Jul 30, 2022
By PD, I presume you mean prosecutorial discretion. If so, you should be able to file for your parents once you become a USC.
He was in unit <12 mos & served Notice of Term. BTW I rec'd ERAP already! His clear ineligibility/fraud reported to ERAP 2 weeks ago by ph 2x.We are before Judge Howard Kings Housing Ct. I am not repped. HELP.
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answered on Jul 30, 2022
Well you will need to file a motion to vacate the ERAP stay! We can help you! Call The Ottley Law Firm at 7182212162.
I'm looking for an experienced attorney who can advise me on the best strategy given the following inputs:
- Had a 1st time DUI in Monterrey country (CA) in July 2020 (no injuries, no accidents but 0.17 BAC)
- Lost the Monterrey court in Sept 2021 but made an appeal which is... View More
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answered on Jul 18, 2022
It appears as though you have been convicted of DUI. You must have a decision/order/judgment from the court to indicate that you were convicted. In any event, you have appealed this conviction and the outcome of that appeal may take a while. However, for argument sake, let us say that your... View More
we received a letter from irs stating we owe 2012 2014 taxes with my old ss number and my husbands old Itin Number. we both are now Green card holder for 5 yrs now with new ss numbers. I had a misdemeanor for theft under $75 in 2000, i did my community service and case closed.Do I need to report... View More
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answered on Jul 11, 2022
Provided that all the other issues and considerations for filing for citizenship are without problems, then you may be able to overcome your problem of owing IRS back taxes by negotiating a settlement with them. If you are able to do so and you have been paying taxes for the last 3 to 5 years, then... View More
Today, I became a US citizen. My mom is currently a green card holder. 8 years ago my mom filed a police report against my dad for domestic violence. (However, there's no police report filed against my dad according to the olathe police.) Then we filed for a U-visa. Got approved, then after 3... View More
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answered on Jul 10, 2022
I understand that he is your dad and even though he caused you and your mother mental trauma, you still want to sponsor him to get his green card. While your father would be an immediate relative, if you were to sponsor him now that you have here citizenship, I'm not sure what criminal charges... View More
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answered on Jun 24, 2022
Since you are a US citizen sponsoring your wife, you must file an affidavit of support, even though you do not have sufficient income. However, you will need a cosponsor, someone who has sufficient income and who was either a green card or US citizenship. This person who has to be presently... View More
Separation is not legal and against my will. What would be the consequences on the day of oat ceremony? Also, I have a 6 months old daughter for whom I am providing adequate support. I do not want to proceed with filing divorce yet. But the more I wait, I will lose my chances of primary custody.... View More
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answered on Jun 24, 2022
In your situation, since you are soon to get sworn in as a US citizen, the fact that your wife has separated from you would not be of any consequence at this time. As long as you are still legally married, which it sounds like you are, you should be good to go for your naturalization. USCIS has... View More
I have DACA.
I live in Houston, TX and plan on visiting Brownsville, TX.
My understanding is there's a Border Patrol stop leaving Brownsville? Should I be concerned even though I'm only going to Brownsville, TX?
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answered on Jun 24, 2022
You should be able to travel throughout the United States with your DACA status. I do not know why you would need to go through an immigration checkpoint, when you are traveling domestically. In any event, have proof of your DACA status and you should be allowed to travel as planned.
I was diagnosed with copd and emphysema due to the black mold in my apartment the landlord didn’t want to pay to fix it. Finally she sent someone in to replace one wall and cover up the mold that’s still behind there I am bringing a personal injury suit against her or at least want to I stopped... View More
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answered on Jun 13, 2022
Your apartment is likely not habitable given the mold infestation. Your landlord has an obligation to remedy that problem in the appropriate manner. Since you have stopped making payment because the landlord refuses to repair the mold. If the landlord were to move to evict you from the apartment... View More
I was brought to the US by my parents illegally, w/o inspection or Visa in 1989 when I was 3 yrs old. I have been in this country ever since. I am now under DACA and have a Work Permit.I am applying for Green Card w/Form I-130 & I-486 & I-864 as my Spouse of 4 years is a US Citizen.
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answered on Jun 5, 2022
Well,, if you in fact you entered the United States without inspection as a minor along with your mother, then you would not be able to obtain your green card. Unless there's some waiver that you may be able to take advantage of. In addition, unless you have been grandfathered under 245(i),... View More
The only problem is that I was laid off in January 2022. I’m still looking for a job. Can I still sponsor both my parents without earning an income right now or can any friend/family help sponsor them?
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answered on Jun 4, 2022
You can go ahead and sponsor your parents. You will still have to file an affidavit of support even though you are unemployed and not able to support your parents at this time. You can have a family member or friend that meets the income requirement to cosponsor your parents and file an affidavit... View More
Tourist visa from Brazil (allowed stay 6months max), am I able to apply for DACA?
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answered on Jun 4, 2022
Let us say for argument sake that you do qualify for deferred action for childhood arrivals, I do believe that there is a ban on USCIS processing initial DACA applications. The Biden Administration is attempting to reverse that ban in an ongoing appeal. Therefore, if you are filing this... View More
Should the record be pardoned? Should we just leave it as it and apply. The situation was a one off situation and corrective measures were taken and there have been no other situations that have come after.
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answered on Jun 4, 2022
We do not know the date when the crime was committed to see how remote it may be from your application now. Not sure if there was more than an arrest and what exactly the person was convicted for if in fact they were convicted. In any event, USCIS will be focusing on whether the criminal conviction... View More
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