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New York Landlord - Tenant Questions & Answers
2 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Tenants in New York State are not paying rent. Do both tenants on the lease agreement have to be served separately?

I rent an apartment to a couple in New York State. They're both listed in the lease agreement. They are a few months behind and I want to have a process server serve them a 14 day notice. Do they have to be served separately?

Michael David Siegel
Michael David Siegel
answered on Nov 28, 2023

Yes, each tenant and occupant must be independently named and served in the notice, and the landlord/tenant case once commenced.

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1 Answer | Asked in Landlord - Tenant for New York on
Q: Can my landlord not allow a second esa, when I have an actual prescribing doctor for both the first and second?

I have had PTSD, depression, and anxiety since 13 I am now 20. I was given an ESA by my therapist two years ago now in January. I have brought her back and forth between my moms house and college for the last two years, but she had started getting only cat syndrome and not being emotionally... View More

James L. Arrasmith
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answered on Nov 28, 2023

It's important to understand the legal framework surrounding Emotional Support Animals (ESAs) in rental housing, especially as it pertains to your situation in New York. Here are some key points to consider:

Fair Housing Act (FHA): Under the FHA, landlords are required to make...
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2 Answers | Asked in Landlord - Tenant, Real Estate Law and Health Care Law for New York on
Q: My landlord is closing on his home on 12/1/2023. I have COVID now since Thanksgiving, must I still move out by 11/30/23?

I tested positive on Thanksgiving day, 11/23/23. My doctor says I must isolate/quarantine for minimum 10 days bc I also have bronchitis as well. I am considered almost a severe case hence why he advised I must isolate minimum 10 days. But my move out of the apt date is in the middle of the... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Nov 26, 2023

Dear Manhattan Tenant

Oh, boy. In New York a landlord is without any legal and lawful right and authority to demand the tenant move out simply because the landlord sold the house. In fact a landlord has no power without a Housing Court judgment and an eviction warrant to force the tenant...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: Do I have the right to evict my tenant if the one is stealing mail
James L. Arrasmith
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answered on Nov 26, 2023

In New York State, if you suspect your tenant of stealing mail, it's important to handle the situation with legal prudence. Mail theft is a federal crime, and any suspicions should be reported to the United States Postal Inspection Service and local law enforcement. They have the appropriate... View More

2 Answers | Asked in Landlord - Tenant for New York on
Q: Hi. I lost my apt a few months ago. I had nowhere to go so 6 wks ago my boyfriend (who lives in his parents finished att

attic) started sneaking me into their house. It’s connected to their living space but they hardly ever go upstairs. And since there’s a a bathroom upstairs, I only went downstairs to come and go through the side door. My rescued pigeons have also been here (parents knew) as well as any... View More

James L. Arrasmith
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answered on Nov 19, 2023

Under New York law, even if you have been living in someone else's home without a formal rental agreement, you may still have certain rights as a tenant. Since you've been residing there for more than 30 days, you are considered a month-to-month tenant under New York's tenant laws.... View More

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1 Answer | Asked in Landlord - Tenant for New York on
Q: If i live with my sister who charges me 700 in rent plus she take my moms money who has dementia am i being ripped off?

And she does nothing for my mom either. Feeds her but that is all

James L. Arrasmith
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answered on Nov 19, 2023

In New York, the fairness of rent charges can depend on various factors, including the local housing market, the amenities provided, and the terms of any rental agreement you may have with your sister. If you believe the rent is excessive compared to similar accommodations in West Seneca, you might... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: How to know if my long island apartment is legal?

Been living in an apartment for almost 5 years, with two rent increases. One increase of 5% and another of 20%. We don't have access to the heat or air conditioning, and have to ask for either to be put on when needed. It's also the ground level of a house.

Steven Warren Smollens
Steven Warren Smollens
answered on Nov 16, 2023

Dear Brooklyn Tenant:

Usually, a legal apartment would allow a tenant to alter the settings via a thermostat for heat and cooling.

Although there is no local law (NYC) and no State law (New York State) that gives tenants any right to air conditioning (cooling), both local and State...
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3 Answers | Asked in Landlord - Tenant for New York on
Q: Is it legal for my apartment complex to charge me $10,000 to break my lease early?

My husband and I live in a one-bedroom apartment in New York State. Due to unforeseen circumstances, we now need to move in with a friend and her child. It is against our lease to have more than two people as tenants. We would like to break our lease to move into a bigger apartment, but per our... View More

James L. Arrasmith
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answered on Nov 13, 2023

Lease agreements in New York are legally binding contracts, and the terms for early termination, including any fees, are typically outlined in the lease itself. If your lease specifies a $10,000 early termination fee, this fee is generally enforceable, provided it is not deemed punitive or... View More

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2 Answers | Asked in Animal / Dog Law, Small Claims and Landlord - Tenant for New York on
Q: Neighbor told landlord that they were going to sue me because my dogs are barking… Landlord texted us and told us…

It’s been a few weeks since the neighbor complained and I have been working to address it… I noticed my dogs bark when they see people walk by so when I am home I make sure they are under control and when I am gone I put them in a small quiet room with no windows and with toys… to try to keep... View More

James L. Arrasmith
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answered on Nov 13, 2023

In New York, dealing with a neighbor's complaint about dog barking can be a delicate situation. It's commendable that you're taking steps to control your dogs' barking. If your neighbor proceeds with a lawsuit, they would need to prove that the barking is excessive and... View More

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1 Answer | Asked in Landlord - Tenant for New York on
Q: My ex girlfriend said she was moving to her mothers and i don't want her to come back. How can i guarantee this?

She said that she doesn't want to be in the relationship and neither do i. I am the sole owner of the house and have paid for everything for the last six years.

James L. Arrasmith
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answered on Nov 13, 2023

In New York, if you're the sole owner of the house and your ex-girlfriend has expressed her intention to move out, you have the right to ensure she doesn't return to reside in your property. After she moves out, it's advisable to change the locks to prevent unauthorized access.... View More

2 Answers | Asked in Landlord - Tenant for New York on
Q: Can I be evicted from mobile home park based on alleged false answers on application over a year and half ago

Used parents’ address as my legal address during prison term on application; after paying for a background check to be performed, which I eventually passed and was approved to sign a lease. My third lease this year they refused to enter into after offering me the lease to sign.

James L. Arrasmith
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answered on Nov 12, 2023

The legality of eviction from a mobile home park based on alleged false answers on an application can vary based on state laws and the specifics of the lease agreement.

Generally, if the lease agreement or park rules explicitly prohibit providing false information on an application, and it...
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2 Answers | Asked in Landlord - Tenant for New York on
Q: Holdover eviction case

My landlord has broken every right afforded to me under the law. How do I write an outline? How do I know what crimes I should organize my evidence under and how do I find out what penalties he could incur and if any how much money I can ask for? How do I work in pain and suffering and what is the... View More

James L. Arrasmith
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answered on Nov 8, 2023

In preparing an outline for your case, begin by listing all the alleged violations and organize your evidence chronologically for each claim. Research the New York State Tenants' Rights Guide, which outlines landlord obligations and tenant rights, to identify potential legal breaches. To... View More

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2 Answers | Asked in Landlord - Tenant for New York on
Q: I receive a 30-day notice to leave premises because the leasing office said there is footage showing someone in my backy

I receive a 30-day notice to leave premises because the leasing office said there is footage showing someone in my backyard smokes. I don’t smoke nor does anyone on my lease smokes. When I asked to have this fixed the leasing office said the lawyer will call me no call

James L. Arrasmith
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answered on Nov 8, 2023

If you've received a 30-day notice to vacate based on allegations that are inaccurate, it's important to address this with your leasing office formally. Request the purported evidence of smoking and any incident reports in writing. If they are unresponsive, consider sending a certified... View More

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1 Answer | Asked in Landlord - Tenant for New York on
Q: I have a tenant occupied property that I am buying. They currently have a month-to-month lease that is just verbal.

As a new landlord, I am just acquiring the property. Do I have the right to evict this tenant because I need their apartment for a family member that is currently getting evicted from their property. Do I have the right to evict them the day that I get the property. What are my rights as a new... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Nov 5, 2023

Dear Angola Property Owner

Congratulations on acquisition of a deed to real property. Unfortunately NYS housing law does not provide shortcuts to the legal eviction process regardless of need or emergency. You will need a lawyer.

You need to know how long the month to month...
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1 Answer | Asked in Energy, Oil and Gas and Landlord - Tenant for New York on
Q: Can my Landlord charge me $1,080 for the gas heating each month? I rent a 2- bedroom apartment in westchester county NY

We didn’t have to pay for gas/heating the first year we lived here, however last year apparantly prices went up and he started charging each apartment (4 total) about $200-$300 additionally each month during the winter only for this reason. This past week, they came to refill the houses gas tanks... View More

James L. Arrasmith
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answered on Nov 4, 2023

Your landlord can charge for gas heating if it's stipulated in your lease agreement. If your lease specifies that heating costs are included in the rent, then your landlord generally cannot add additional charges without your consent or without renegotiating the lease. Increases in utility... View More

2 Answers | Asked in Landlord - Tenant for New York on
Q: Does the landlord have to give a reason why he chose one tenant over another? in NYC
T. Augustus Claus
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answered on Oct 30, 2023

Landlords in NYC have broad discretion in choosing tenants, and they are not required to disclose their reasons for rejecting an applicant. However, landlords cannot discriminate against applicants based on protected characteristics, such as race, religion, gender, sexual orientation, or... View More

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2 Answers | Asked in Landlord - Tenant for New York on
Q: Can my super enter my apartment without my permission? He lied to the police so they could do a “wellness Check”?

My superintendent told the police I haven’t responded to their calls to check some unit with the ac. He brought the police and opened the apartment without permission. I have been in contact with management. They also have cameras and can see I’ve been in an out of the apartment. The police... View More

James L. Arrasmith
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answered on Nov 4, 2023

In New York, a superintendent generally cannot enter your apartment without permission except in certain circumstances, such as an emergency where immediate entry is necessary to prevent damage to property or to address a significant safety concern. A "wellness check" fabricated under... View More

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2 Answers | Asked in Landlord - Tenant and Criminal Law for New York on
Q: Tenant Question: Would like to validate the 2023 Winter Eviction Moratorium per NYS Senate that commences November1?

Also would like to validate that Moratorium lasts till April 15 of 2024!!!!!? THIS BILL HAS BEEN PASSED AND SIGNED BY NYS GOV!!!!!! I’d like to gain Tenant representation to hold him accountable for all he’s done that goes against his very own written lease agreement. Literally trying to evict... View More

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answered on Nov 4, 2023

If your landlord is violating the terms of your lease and you have evidence of unauthorized entry, you might consider seeking a restraining order and you may also have grounds to pursue legal action to resolve the harassment and potential illegal eviction attempts. It would be wise to consult with... View More

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2 Answers | Asked in Landlord - Tenant for New York on
Q: Hello there. My landlord told me on that she would like for me to leave by the end of the year. Do I still pay rent?

Her reasoning was that she wants the house back to just her and her kids. We also do not have a written lease and never had a verbal agreement about when I move out in the past. She only told me this on October 24th, 2023 through text message.

Steven Warren Smollens
Steven Warren Smollens
answered on Oct 26, 2023

Dear Brooklyn Tenant

This notification is insufficient for a tenancy termination notice. In NYC the Law requires this notice is Written and also served by a process server.

You want to fight this? If so you'll hire a lawyer. NYS Law does not force the landlord to forfeit rent...
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