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Questions Answered by Toshinori Isoai
1 Answer | Asked in Landlord - Tenant for New York on
Q: Can I sue my landlord for mold, property Damages?
Toshinori Isoai
Toshinori Isoai answered on Jan 26, 2021

We need clarification. Damages were caused to your personal property due to the existing mold, and you are trying to recover monetary compensation? Or you see mold in your apt, etc, which makes you sick, etc?

If the former, yes, but you need to establish all the elements to get recovery....
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1 Answer | Asked in Traffic Tickets for New Jersey on
Q: Can my apartment complex tow my car out of a leasing office space if there closed for business

The leasing office closes at 6pm and towed my car at 10 pm

Toshinori Isoai
Toshinori Isoai answered on Jan 25, 2021

Yes, if you were not authorized to park your vehicle there regardless of the office's business hours. You can be additionally charged with an abandonment of a vehicle charge.

2 Answers | Asked in Real Estate Law for New York on
Q: We just sold our farm (not our permanent residence). Most equipment was still in barns and new owners said no hurry.

Papers are signed and new owners say everything is theirs if each item had not been specified as ours. Do they now own our things?

Toshinori Isoai
Toshinori Isoai answered on Jan 13, 2021

You will need to carefully review the terms and conditions of the contract. Generally, any personal properties must be removed out of the premises prior to the transfer of the ownership (usually the closing date) unless otherwise stated in the contract. If any non-fixture items are left on or after... Read more »

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1 Answer | Asked in Landlord - Tenant for New York on
Q: I am looking to purchase a home with a tenant on a month to month land contract. What is the eviction process

The tenant is delinquent since November

Toshinori Isoai
Toshinori Isoai answered on Jan 5, 2021

You may need to review the lease between the current owner /landlord and the month-to-month tenant to see if the occupant is a month-to-month tenant. You may want to review the expired lease between the owner and the tenant.

The best way is to have the current owner to get the tenant our...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Does this only apply to renal spaces or does this also apply to owned spaces with the owner living in the space?

Referring to - 2006 New York Code - Unlawful Eviction - 26-521 Unlawful eviction

Toshinori Isoai
Toshinori Isoai answered on Jan 4, 2021

Very likely yes. It's not about whether the landlord/owner is living in the building or space. It's about whether you are lawfully occupying the dwelling unit, has a valid lease, etc. If you are a lawful occupant, then any attempt by the owner/landlord to evict you for not-legally... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for New York on
Q: “Tenant will pay its pro-rata share of property tax increases over the Tenant's 2021/22 base year 20% of tax increase.

It’s a paragraph from commercial lease.

Toshinori Isoai
Toshinori Isoai answered on Jan 4, 2021

I don't see a question here, but the clause is not unique in commercial lease in NY. That's among the terms and conditions where lawyers for the parties involved negotiate vigorously for their clients.

3 Answers | Asked in Civil Litigation and Animal / Dog Law for New York on
Q: Can someone still take me to small claims court after a notarized general release form was signed?

My dog was attacking another dog at a dog park and the owner got bit in the process. A police report was filed. An ambulance came and took her to the ER. She got the ER bill. I paid for it and we signed a general release form specifying the amount that was to be paid (the ER bill). It was... Read more »

Toshinori Isoai
Toshinori Isoai answered on Jan 4, 2021

It can cut both ways. If you have a good release form executed, you should be able to use it to fight the additional demand for the expenses. On the other hand, if the terms and conditions are too "loose," then you may need to fight all the way. Since it's already indicated that the... Read more »

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1 Answer | Asked in Landlord - Tenant for New York on
Q: I am renting a house and the landlord's husband say he is blocking my back door so I will now only have one entry way.

Can he do this?

Toshinori Isoai
Toshinori Isoai answered on Dec 28, 2020

We need more facts to better answer the question.

The answer mostly depends. Does your landlord need to block your way temporarily to make repairs, structural changes for safety for the building, etc? If not, you need to carefully review the lease as to what space constitutes the premise...
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2 Answers | Asked in Landlord - Tenant for New York on
Q: can you ask for 2 months rent and 1 months security when renting a apartment in a private house in Nassau County, LI
Toshinori Isoai
Toshinori Isoai answered on Dec 8, 2020

Probably not. Under New York Law, “no deposit or advance shall exceed the amount of one month’s rent under such contract.” A landlord cannot not request advance rent payments or security deposits greater than one’s

month rent.

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1 Answer | Asked in Landlord - Tenant for New York on
Q: Can I take a management company to court, because they are charging me for a whole year or rent?

I broke the contract because I was getting away from an abusive relationship. I gave the company a 30 day notice and submitted proof of order of protections. I received a letter back stating that I was able to leave but they will stay with the deposit. Please advice.

Toshinori Isoai
Toshinori Isoai answered on Dec 5, 2020

From the question, I'm assuming that you had a lease but sent a notice to the landlord/management company and left the premises. Your lease needs to be reviewed carefully, but probably you will be deemed to have breached the contract by leaving without paying before the lease expires.... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can a landlord withhold security deposit if there is no lease?
Toshinori Isoai
Toshinori Isoai answered on Nov 30, 2020

It's not clear from the question why security deposit was tendered if there was no lease in the first place. Elaboration will be necessary to better address your issue.

3 Answers | Asked in Real Estate Law for New York on
Q: call time is of the essence.

I am selling a property and the buyer was supposed to close 2 months ago. i want to call time is of the essence. What is the minimum time i have to give them legally. can it be a week or 2 or it has to be a full month?

Toshinori Isoai
Toshinori Isoai answered on Nov 30, 2020

Generally, "time is of the essence" must be stated in the contract. Was there any clause in the contract that gives some flexibility to the purchasers? NY real estate transactions can be pretty frustrating if you want to sell a property right away but the purchaser isn't into it. You... Read more »

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2 Answers | Asked in Real Estate Law for New York on
Q: Is it possible to back out of a lease for an apartment before you move in?

I have recently signed a lease but have not moved in yet and I’ve been moved to part time at my job and will now not be able to afford it.

Toshinori Isoai
Toshinori Isoai answered on Nov 30, 2020

You will need to speak with your landlord. Before you retain a lawyer and start any action out of blue, you can negotiate with him/her about terminating the lease agreement. The landlord may be entitled to a separate legal action to collect the money for your breach of the lease, but given the... Read more »

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2 Answers | Asked in Traffic Tickets and Estate Planning for New York on
Q: Was issued a speeding ticket while in city employee uniform & showed bandg. I work in the security deptmt of the MTA

Can I get the ticket dismissed as a city employee?

Toshinori Isoai
Toshinori Isoai answered on Nov 24, 2020

I'm guessing that you got the citation for the speeding in NYC or where your case will be heard in what's called TVB (Traffic Violations Bureau)? Plea negotiation is not allowed in TVB. So in order for you to have no impact on your license, you need to dismiss the case or get a not-guilty... Read more »

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3 Answers | Asked in Landlord - Tenant for New York on
Q: landlord is selling the house I live in she is trying to let people come in our house to look around we are in Buffalo

New York and are in closing for COVID-19

We have told her no but now her realtor is saying he’s coming in anyway what can I do

And my landlord lives in Germany

Toshinori Isoai
Toshinori Isoai answered on Nov 23, 2020

Unless your lease says otherwise or there is an emergency situation involved, the landlord is generally allowed to enter into the premise to prospective tenants or purchasers for purposes such as repairs, inspections, installation and showing the house/apt, provided that s/he gave you a... Read more »

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2 Answers | Asked in Landlord - Tenant for New York on
Q: I have a tenant in Niagara Falls, NY with no loss of income who has only paid rent once since March 2020.

Do I have any recourse? Its November, 2020. I have not received rent since March. The tenant has no loss of income.

Toshinori Isoai
Toshinori Isoai answered on Nov 18, 2020

More information and factual backgrounds will be needed to better answer your question.

It appears to be unusual for an owner/landlord to wait this long. It's almost 8 months since the last payment. You will probably need to commence an eviction proceeding in the local court that has...
Read more »

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1 Answer | Asked in Real Estate Law and Land Use & Zoning for New York on
Q: How can I fight to contest rpa871.My neighbor is requesting to have my fence remove from on my boundary line.

I’ve lived at this property for over 10 years they recently purchased their property which is already fenced

Toshinori Isoai
Toshinori Isoai answered on Nov 17, 2020

We need more factual background to better answer your question.

If your fence height is less than the legal max and it's located on your property, then RPAPL § 871 won't help the new owner requesting for removal of your fence unless it's encroaching on his/her land.

3 Answers | Asked in Criminal Law for New York on
Q: Passed breathalyzer (of course,) failed field sobriety so officer charged me with dui based on that.
Toshinori Isoai
Toshinori Isoai answered on Nov 18, 2020

More specific factual backgrounds will be necessary for a better answer.

Why were you pulled over in the first place? Speeding? A broken tail light? Was this done part of a traffic "checkpoint" stop by the police? Roadblocks? Did you have any prescription medication in your...
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2 Answers | Asked in Real Estate Law for New York on
Q: Is there a statute of limitations on title liens in NY
Toshinori Isoai
Toshinori Isoai answered on Nov 13, 2020

The answer depends on what you mean by "title liens." If you mean liens like mortgage, there is generally no statute of limitation (SOL) of any kind. But if you mean other types of liens such as judgment liens, then certain SOL apply, but these liens are often renewable. by the lien holders.

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1 Answer | Asked in Real Estate Law for New York on
Q: hi, someone i know recently moved into an apartment with lots of mold that they didn’t know was there

they are now experiencing health problems from said mold and yet their landlord won’t release them from the lease. what can be done about this?

Toshinori Isoai
Toshinori Isoai answered on Nov 13, 2020

Assuming that this is in NY, there is an implied warranty of habitability under the New York Real Property Law § 235-b. If your landlord doesn't repair the qualified conditions, then you have the right to withhold the rent. If the filthy condition has been established as well as its serious... Read more »

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