Asked in Real Estate Law and Landlord - Tenant for New York

Q: What shall I do?

I have rented my apartment last December in a coop I have a lease and in the rider specifically states that the <<sublessee waives any rights or benefits which may be derived from section 226 of the real estate property law nor the provisions of the emergency sublessee Protection act nor the rent control laws of NYC .The building and the unit are not subject to any rent regulating laws whatsoever.>>

the rent was due April 15 the tenant is did pay not yet.I understand this is a difficult situation for everybody but I am paying the maintenance.I have limited income.Could you please give me some ideas on how to best handle this.Thank you

3 Lawyer Answers
Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: There is nothing you can do at this point. Evictions are stayed until further notice. The landlord/tenant court is closed until further notice. Your tenant knows this, and is taking advantage. Hopefully, the lease is long enough that you will be able to sue later, if the tenant does not pay. In truth, the tenant may have financial hardship and you should reach out and make a payment plan.

Gregory Byrnes
Gregory Byrnes
PREMIUM
Answered
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: As stated by other respondents, there is little you can do at this point. Courts are not accepting new proceedings at this time. However, you should start taking action to prepare notices (known as predicate notices) required by law so that you can commence the action right away. Relevant provisions of law you should review are Real Property Law Sections 235 and 711. This list is not exhaustive of all steps you need to take to commence a case.

George E. Patsis
George E. Patsis
PREMIUM
Answered
  • Landlord Tenant Lawyer
  • Lindenhurst, NY
  • Licensed in New York

A: There is very little you can do as the courts are closed and all evictions are stayed. One possibility is negotiating with the tenant to reach a solution that works for both parties.

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