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New York Landlord - Tenant Questions & Answers
3 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: I moved out of a Manhattan apartment 7 months ago and I’m still trying to get my security deposit back

Landlord agrees I’m owed full deposit. I requested a wire transfer since I left USA (can’t physically cash check here, amount too large for online deposit). Landlord’s staff sometimes say their account won’t allow wire transfers, obv false since other times they say they can wire but it... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Mar 22, 2024

Dear Manhattan Tenant

The controlling statute does not provide any guidance on the allowance of a deduction of the expenses incurred by delivering the security deposit by international wire transfers and not by check within 14 days. It surely would have been a better solution to have a...
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3 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: I moved out of a Manhattan apartment 7 months ago and I’m still trying to get my security deposit back

Landlord agrees I’m owed full deposit. I requested a wire transfer since I left USA (can’t physically cash check here, amount too large for online deposit). Landlord’s staff sometimes say their account won’t allow wire transfers, obv false since other times they say they can wire but it... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Mar 22, 2024

Dear Manhattan Tenant

The controlling statute does not provide any guidance on the allowance of a deduction of the expenses incurred by delivering the security deposit by international wire transfers and not by check within 14 days. It surely would have been a better solution to have a...
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2 Answers | Asked in Landlord - Tenant for New York on
Q: Ending a month to month lease in Brooklyn NY with an argumentative landlord, just trying to figure out my rights, if any

Hello, I am in a month to month lease with my landlord. I am moving out on the 18th of the month, and have given a month's notice. Upon moving in, the landlord offered prorated rent, but when I brought this up to see if that would be an option for moving out they said no. They do not want to... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Mar 22, 2024

Dear Brooklyn Tenant

New York State housing law has not built in to unwritten month to month leases the implied covenant of rent proration. This means that without a written agreement to prorated rent that there is no entitlement to do so.

Your last month rent is due on the 1st day...
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1 Answer | Asked in Civil Rights and Landlord - Tenant for New York on
Q: How are judgements in Housing Court dispersed?

I lived without heat and hot water for almost two years, won judgements against Housing Preservation Department (HPD) and my landlord. At this point, I want to leave. Can I use part of the judgement to move? I can't list everything that's going on, as it is quite extensive. Please advise.

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 21, 2024

Judgments in Housing Court, once awarded, can often be used by tenants for various purposes, including covering expenses incurred due to the landlord's failure to maintain the property. This could include reimbursement for past expenses or to address issues like lack of heat and hot water.... View More

0 Answers | Asked in Landlord - Tenant for New York on
Q: What happens in a situation where a tenant had verbal agreement with landlord that utilities were included. Bldg sold.

New landlord, one yr in to ownership , suddenly stops paying utilities. Utility Co now demands back payment from tenant and is threatening turn off of services. What rights does tenant have?

0 Answers | Asked in Landlord - Tenant for New York on
Q: Can I counter-sue a former tenant who didn't give me time to pay back security deposits and also defame me?

Landlord here, my former tenants(two) are suing me for twice their security deposit fees... I was initially going to give it back once they completely moved out but on their last day, they decided to post on Facebook how much of a s***** landlord I was and urged people not to rent my place. even... View More

0 Answers | Asked in Landlord - Tenant for New York on
Q: Hi, I'm a landlord and I need to increase my tenants rent. I have a month to month agreement. No lease.

I will give them a 90 day notice due to them renting for more than 2 years. If the tenant doesn't agree with the rent increase will I need to give them another 90 day notice or can I use the 90 day rent increase notice as there 90 day eviction ? Thank you

0 Answers | Asked in Landlord - Tenant for New York on
Q: Can a landlord evict me because we had an argument about the heat which is included in the lease and he wasn't providing

Now he gave us a 90 days notice which is done already?

1 Answer | Asked in Landlord - Tenant for New York on
Q: my landlord is avoiding my notice, can I withhold rent next month for not having a smoke detector?

I sent a notice saying please reply when the installation can be made but he hasn’t even seen it yet. Do I have to wait until he sees it or can I start withholding rent or take other action so he doesn’t keep ignoring me? He has been avoiding me for almost a month now.

Steven Warren Smollens
Steven Warren Smollens
answered on Mar 9, 2024

Ordinarily a dwelling is required to be set up in New York State with operating smoke and carbon monoxide detectors. Withholding rent without your own attorney advice is a risky strategy. But calling local code enforcement and arranging for an inspection should provide the notice of housing code... View More

0 Answers | Asked in Criminal Law and Landlord - Tenant for New York on
Q: Spy cams in my mother's apartment. I'm the eldest son and I'm a visitor. My 2 half brothers and stepfather are tenants.

How do I approach this as a visitor(I'm the eldest son) to my issue since I speculate that my 2 half brothers have awareness about having the spy cam all over the living room, kitchen, and bathroom at my mother's apartment in Queens, NY? The family on the 2nd floor of the house and... View More

0 Answers | Asked in Landlord - Tenant for New York on
Q: My landlord has done some immoral and illegal stuff I want to know if it’s possible to sue him for money or the building

He has allowed the tenants to bully me, and vandalize my property.

1 Answer | Asked in Landlord - Tenant for New York on
Q: my landlord changed the key and i cant get in becouse she said she will call the cops if i do what do i do?:
Elaine Shay
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Elaine Shay
answered on Mar 5, 2024

Generally, if a tenant who has been illegally locked out calls the police, the police will require the landlord to provide access. If this doesn't work, you can go to your local housing court and start an illegal lock-out case to regain possession.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can the primary tenant in a roommate holdover case can adjourn case due to lack of legal representation?

On Primary Tenant behalf ???

Steven Warren Smollens
Steven Warren Smollens
answered on Mar 5, 2024

Dear Manhattan Tenant

While the statute only deals with the tenant right to a 'free' adjournment to secure counsel as a Petitioner you will require the consent of the Roommate and the Roommate's attorney and the Judge as well.

Beware if you securean adjournment this...
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1 Answer | Asked in Civil Litigation, Land Use & Zoning, Landlord - Tenant and Small Claims for New York on
Q: Can I sue my landlord?

We have been living in an apartment for almost a year. In the second month of living here, the heater went out and the landlord took over 6 months to fix it, throughout the entire “heat season” in nyc we had no heat. For the past two months we withheld rent to force him to fix the problem. He... View More

Michael David Siegel
Michael David Siegel
answered on Mar 4, 2024

Call "311" and have the Department of Buildings issue violations. You cannot be evicted while violations are present.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Does a written lease agreement take precedence over previous leases/intent when the listed lease term is incorrect?

My fiancée and I have lived in our current apartment in Upstate New York for just under 8 years. After the first, our leases have historically run 1 Oct--30 Sep. We've been happy with the property and management, but an opportunity arose to upgrade to a townhouse in a community that rents out... View More

Elaine Shay
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Elaine Shay
answered on Mar 4, 2024

Generally, the terms of the most recent written lease control the term of the tenancy, including the end date of the lease.

1 Answer | Asked in Landlord - Tenant for New York on
Q: What recourse is there against landlord who non-renews for retaliation?

We received the notice over 90-days prior to renewal (June 1), that our lease will not be renewing. We have lived in this apartment building (with over 190 units) in Rochester New York for four years now. We have always paid our rent in full and on time, have not violated any lease terms/community... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Mar 4, 2024

Dear Rochester Tenant:

In New York State housing law, retaliatory eviction is among the recognized statutory defenses a tenant has available when the landlord terminates the rental agreement, and the tenant contests the end of the tenancy as a defense of the landlord's holdover...
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1 Answer | Asked in Landlord - Tenant and Personal Injury for New York on
Q: can i sue my landlord, my ESA dog fell out a 2nd story window. none of my windows are compliant with building code

esa dog is in critical condition amputated leg

Elaine Shay
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Elaine Shay
answered on Mar 4, 2024

While landlord's generally have responsibility to install child safety bars for children, there is no such requirement for pets. Generally when a pet is injured or killed the liability is limited to cost to purchase pet or cost of treatment for injury.

1 Answer | Asked in Estate Planning, Real Estate Law and Landlord - Tenant for New York on
Q: Mother died 20 yrs ago no will all children but 1 deceased but the in hospice. Condo board brought Public Administrator

In to take over granted 6 months. Can a family member get power of attorney to get condo back in Surrogate court for the child so nephews don't get evicted.

Steven Warren Smollens
Steven Warren Smollens
answered on Mar 4, 2024

Without a will, all the children living when their mother passed away became the heirs of the real property. Any one of the adult children had the power to become the legal administrator of their mother's estate and transfer the deed from the decedent's estate to each sibling, as well as... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: How long would it take a landlord to evict two individuals who are disabled.

They have been tenants for over 16 years and has paid their rent. The landlord called in December to tell them they must be out by the end of March. The landlord said they do not have to pay rent during that time for them to save enough money to relocate. However, the following month he sent a new... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Feb 25, 2024

New York State housing law does not have any specific protection for disabled residents in relation to eviction.

But tenants with a 16 year long tenancy without a lease must first be served with a written notification that the landlord is not continuing the tenancy at least ninety days...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: What to do when landlord has refused to respond to a tenant and do no repairs,yet sends a quit amounts of rent not owed

I live in a home that is supposedly 2 apartments,my son lives on the otherside of me,the landlord has decided to send him and i notices to quit,each for$ 23.000

That would equal 46000 all together, now hes served court papers to evict my son,and not me,yet jes never talked to me or made any... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Mar 4, 2024

Dear Elmira Tenant:

Rent is a debt to pay to a landlord only when a rental agreement exists. A rental agreement may run month to month. Still, no landlord will find a judge ready to believe that both tenants in the two-family house simultaneously continued to live in the building without...
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