Q: about landlord violation
I moved out of state due to work, my wife and kids still live in New York at the apartment, her name is on the lease I still pay the full rent every month, if there are violations in the apartment:
1- can I take the landlord to court on behalf of the safety of my kids
2- can I stop payment due to non fixing
3-if they serve an eviction notice on the door not in person, what are my options?
Thank you so much for your help
A:
1. Maybe, it depends on the violations;
2. Yes, you do not have to pay rent for any day a qualifying condition/hazard is present;
3. Laugh, because they have to sue you in Court with one of two types of “summary proceedings”, either (if you have not paid rent) 1. “A Summary Non-Payment Proceeding, or, 2. “A Summary Holdover Proceeding - This is If you held over past your lease, automatically becoming month to month and were served with a 30 notice to vacate
My firm does a lot of these cases and offers free consultations over the phone. Feel free to call me if you would like to talk about this or if you have any further concerns. I hope my answer helps.
Aubrey C. Galloway III, Esq.
(914) 912-1555
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