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Questions Answered by Victor M. Feraru
1 Answer | Asked in Landlord - Tenant for New York on
Q: If my landlord is selling the house I am living in, how much notice does he have to provide me before having me move out

I have lived at the property for over 6 years. I am located in New York. I am on a month to month lease. My lease has not been renewed since after the first year I have lived here.

Victor M. Feraru
Victor M. Feraru answered on Apr 2, 2021

At least 90 days. This is a situation that is prime for a buyout.

2 Answers | Asked in Landlord - Tenant for New York on
Q: Can my landlord require that I pay next mont rent and keep my security deposit. My lease is up 3/31/21 .

My lease is up and I have not renewed it. Just need I month to move into new place

Victor M. Feraru
Victor M. Feraru answered on Mar 17, 2021

You'll have to pay for the extra month. However, there will be no keeping of the deposit. There are strict rules about that.

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1 Answer | Asked in Landlord - Tenant for New York on
Q: My landlord makes noise plays loud music smokes weed. Can i sue her for all rent my mom is ill and need peace and quiet?

Before moving to the apartment she told us no noise and she wants people who don't smoke drink loud parties etc. She also wants us to hang out with her and her family we said " no besides its covid19." We moved in because we desperately needed an apartment. Two weeks in she started... Read more »

Victor M. Feraru
Victor M. Feraru answered on Feb 25, 2021

Maybe. It would be better to have an attorney write a letter providing notice and withholding rent while you save. You have use and occupancy, so it will be hard to claw back any serious money. Definitely consult an attorney.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Our tenant in New York is consistently very late (2-6 weeks) paying rent. We are selling the house.

How can we encourage her to pay the rent before we close, and what should we tell the buyers about this difficult tenant? Her lease runs through August, at which point the buyers intend to take possession for owner occupancy.

Thank you!

Victor M. Feraru
Victor M. Feraru answered on Jan 29, 2021

So it depends! You may just want to elect to eject or evict the tenant—or work something out with the tenant. There are too many options and variations to write here. Consult with an attorney in NY. I handle these situations regularly!

3 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for New York on
Q: hi. i have an 11 month old daughter. i would like to leave my husband because he's verbally abusive. can i do that?

i live in new york and i have been married for a year and a half. our daughter is 11 months old. i cant live with my husband any longer due to his anger problems towards me and her. he is very verbally abusive and he grabs my child way from me. am i allowed to take my daughter and leave to my... Read more »

Victor M. Feraru
Victor M. Feraru answered on Jan 3, 2021

You’re going to need to get an emergency order of protection. Can you call law enforcement to get it or get a temp order in court.

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2 Answers | Asked in Landlord - Tenant for New York on
Q: I was wondering if my landlord can change my locks on my apartment and not let me in because i turned off my electric.

Its was a month to month so no lease. I payed my rent for the month and started moving some of my things into a storage unit and my landlord changed my locks even though i have 2 weeks left in my rent

Victor M. Feraru
Victor M. Feraru answered on Dec 16, 2020

No he/she cannot. Immediately call 911 at the apartment and provide the officer's your landlord's information.

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2 Answers | Asked in Estate Planning, Real Estate Law, Elder Law and Probate for New York on
Q: Estate Law Question I am a beneficiary for two properties of my late relatives.

I am a beneficiary for two properties. One of the properties I currently live in and the deed is half in my name. The other half is in my late relatives name. The second property I am owed half from the sale of the administrator. No wills were left from my late relatives. I went to mediation and... Read more »

Victor M. Feraru
Victor M. Feraru answered on Dec 1, 2020

Did you go at this along, representing yourself? I need a lot more information before I can give you a better answer. There are too many what if's.

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1 Answer | Asked in Landlord - Tenant for New York on
Q: My tenants lease expired in July 2020. They haven’t paid the last 3 months. What are my options to remove them?

We both agreed that the tenants would pay on a monthly basis. The tenants have not paid a dime of rent for the past 3 months and refuse to pay now because they say they are protected from the covid 19 relief. What can I do? I am sick of being a landlord and really just want to sell the house. Can I... Read more »

Victor M. Feraru
Victor M. Feraru answered on Dec 1, 2020

Your tenants may be protected by COVID 19 protections now, but that doesn't stop you from taking the proper steps to begin the removal process and get them financially on the hook and yourself in line to get them evicted. I would strongly urge you to evict them first and sell after. Selling... Read more »

2 Answers | Asked in Landlord - Tenant for New York on
Q: Landlord is extending next door store. I spent $$ to purchase my store. What terms to negotiate when ending lease early

Landlord is extending the store next to mine in the building she owns. I spent a huge amount of money when I bought the store. What terms should I negotiate as the landlord is pushing me to end the lease early? Thank you.

Victor M. Feraru
Victor M. Feraru answered on Nov 30, 2020

You should definitely not act as your own attorney. You should, however, consult an attorney and explain your situation better. That'll help an attorney guide you. You should definitely be represented, here.

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1 Answer | Asked in Landlord - Tenant for New York on
Q: My property manager filed a false police report

Hi

I need your help or advice.

The property manager of our apartment has filed a false police report saying my husband attacked her, we live in Upstate New York in a town named Watertown. It a predominantly white and my husband is from the Bronx and I and Barbados. We have... Read more »

Victor M. Feraru
Victor M. Feraru answered on Nov 26, 2020

So there are a number of ways you can get out of your lease under the circumstances you're asserting. First, this sounds like a toxic situation. You need an attorney. It sounds like there's a breach of the warranty of habitability and constructive eviction going on. However, there are... Read more »

2 Answers | Asked in Landlord - Tenant for New York on
Q: What can I do if my Mother, the landlord of a residence, used self help eviction tactics against me ? In NYS.

My Mother abandoned the house and relocated. Stopped paying the mortgage as well. Bought herself a new condo. My family and I are living in the home currently. There's a forebearance on the house, which I haven't found out since October 2020. There's utilities that aren't... Read more »

Victor M. Feraru
Victor M. Feraru answered on Nov 21, 2020

I'm not sure you'd be successful on the distress part. However, depending on whether you've been paying rent, you may be considered a tenant and can sue to have the utilities turned back on. You need an attorney, now!

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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

Victor M. Feraru
Victor M. Feraru answered on Nov 20, 2020

So you can definitely hold out and negotiate with the landlord to be bought out. My office deals with these kinds of matters all the time. The landlords will have to evict you if they want you out without buying you out. Consult an attorney!

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2 Answers | Asked in Criminal Law and DUI / DWI for New York on
Q: If I have a bench warrant in NY and have a court case in PA would I get arrested in court when I appear in court in PA
Victor M. Feraru
Victor M. Feraru answered on Nov 10, 2020

It depends what the bench warrant is connected to and whether extradition has been approved. Why not retain NY counsel to clear the bench warrant and try working out a deal. That’s much better than letting a warrant sit out there forever.

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4 Answers | Asked in Car Accidents and Traffic Tickets for New York on
Q: I got a ticket by riding electric scooter and got hit by a car. Will you be able to help me?

I have a video car hit me. Police said I hit the car

Victor M. Feraru
Victor M. Feraru answered on Nov 10, 2020

Depending on the facts it sounds like you could have a very strong case. You'll want to consult with an attorney as soon as possible to go over the facts.

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2 Answers | Asked in Landlord - Tenant for New York on
Q: In Nassau County New York how many days does the landlord have to notify the tenant that he is selling the house?
Victor M. Feraru
Victor M. Feraru answered on Nov 4, 2020

That depends on how long you've lived there. I can better explain this in person. The landlord can't just sell the house and ask you to move. You have rights and there are formalities that must be followed. Feel free to reach out for a better explanation.

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2 Answers | Asked in Landlord - Tenant for New York on
Q: Landlord told me to vacate the property due to "roommate conflict". How do I ensure receiving my security back?

My landlord communicated thru a 3rd party (my mother) 10.13/14 to vacate my current rental due to roommate conflict 2 months into a 12 month rental. There is no current conflict, but I have found alternative housing. Everything thus far has been verbal and thru my mother. How do I ensure my... Read more »

Victor M. Feraru
Victor M. Feraru answered on Oct 26, 2020

Justin, this is a little more detailed than can be written in this forum with justice. Consider calling me, or another Justia attorney, to help answer your questions and give you the best answer possible. My phone number is on my profile.

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3 Answers | Asked in Traffic Tickets for New York on
Q: Got a speedingticket this morning but I'm switchingmy license to Connecticut in 2 weeks do I need to go to court

I got the speeding ticket in weschester county. There's a court date on it. Do I need to go and what should I do, plead guilty or not guilty? Since i'm switching my license to Connecticut in a couple weeks will it affect it? Also will points get transfered over?

Victor M. Feraru
Victor M. Feraru answered on Oct 20, 2020

So if I were you I’d just hire an attorney (my office and others here handle them). Allow an attorney to defend the ticket and or negotiate it down to some kind of infraction to minimize or eliminate any points. The points will follow you so it’s the worst thing to do to plead guilty. Feel... Read more »

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2 Answers | Asked in Landlord - Tenant for New York on
Q: Can my landlord involve relatives in ongoing issue?

As per our oral agreement, rent should be collected on every 1st of the month. Tenants will inform the landlord over the phone that the rent is ready.

However, this month my landlord did not answer his phone on the 1st so I called again on the 2nd he answered and was rude but he was... Read more »

Victor M. Feraru
Victor M. Feraru answered on Oct 15, 2020

So it sounds like your landlord just needs a letter written to him informing him of what he's doing wrong. At the very least this will document everything. Second, he will need to be informed not to contact your father. You have to provide him official notice before you go on suing him.... Read more »

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1 Answer | Asked in Criminal Law for New York on
Q: If someone I know is in Manhattan detention complex and their court date is tomorrow but bail is remanded what happens?
Victor M. Feraru
Victor M. Feraru answered on Oct 13, 2020

It depends on the charge, the bail amount, and if there are any detainers. It's hard to answer that question. Their attorney, or court appointment counsel would argue for bail if the State is trying to remand.

3 Answers | Asked in Criminal Law, Federal Crimes, Immigration Law and Wrongful Death for New York on
Q: Do I lose US citizenship after death?

Hello. I'm wanted in the USA. While I was on bond I managed to get out of the country because I was very scared of consequences(prison). In that foreign country I've bought a fake death certificate and mailed(under different name) it to US court that handles my case(very stupid idea).... Read more »

Victor M. Feraru
Victor M. Feraru answered on Oct 13, 2020

You’re going to want to hire an attorney now to negotiate several things. People make mistakes. Feel free to reach out to me (or any other Justia attorney who handles these matters to help you with your situation. My contact information is in my profile. Don’t just “face the music,”... Read more »

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