I signed a lease agreement for my rental property, but my landlord did not disclose any information about possible lead paint. I recently discovered that my child has lead in his system. The landlord has offered $2,500 to help us move out. What are my legal options in this situation?

Jonathan R. Ratchik
answered on Mar 31, 2025

Sorry to hear what happened to your son. There is no safe lead level in the blood which can cause developmental delays in children. Depending on your son's lead levels and whether it can be causally connected with your apartment, he could have a viable claim against the landlord for lead... View More

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I am dealing with a non-payment eviction case in Southampton Justice Court, Hampton Bays, NY, where the landlord's lawyer claims to have sent multiple Late Rent Notices without evidence, such as certified mail tracking or delivery confirmation. The landlord has not maintained the lot according... View More

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James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2025

Under New York Real Property Law §235-b, landlords must maintain all premises in accordance with the Warranty of Habitability, which requires providing tenants with livable, safe, and sanitary accommodations regardless of what your lease states. Your landlord's failure to maintain the lot... View More

I have been living in my apartment with a month-to-month rental agreement that hasn't been renewed for 2 years. My landlord recently gave me a letter to vacate the apartment within 30 days, but they did not provide a specific reason. I haven't received any previous notices to vacate and... View More

Steven Warren Smollens
answered on Mar 26, 2025

Dear Brooklyn Tenant:

Your landlord may not care that the tenancy termination notice is deficient. Your landlord may still try to use the Housing Court for an eviction. But you will prevail if you know the following and act on it.

New York State eliminated the thirty-day tenancy... View More

I live in New York State and reside in a Section 8 housing apartment that has been purchased by a relative. There is a current lease agreement with a yearly recertification. Can I continue to live in this apartment under Section 8, given these circumstances?

We are dealing with issues with our apartment complex. We have been dealing with excessive noise which breaches the covenant of quiet enjoyment since January (when we reported it) we were told recently that we are months away from a resolution. We have not been properly sleeping and there have been... View More

Tim Akpinar
answered on Mar 28, 2025

A New York landlord-tenant attorney could advise best, but your question remains open for a week. I'm sorry for your ordeal. You could repost your question under the "Landlord-Tenant" heading. It was probably overlooked under the general "Uncategorized" heading. Some... View More

I am looking to sue the Utica Police Department and the apartment complex where I live due to their handling of an emergency vacate order related to my ex-boyfriend, who was abusive. The emergency vacate order, obtained through family court, clearly states he must vacate immediately. However, the... View More

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Stephen Bilkis Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 16, 2025

I’m very sorry to hear about this terrifying and dangerous situation. You have every right to seek legal accountability for what happened, especially given the serious failures by both law enforcement and your apartment complex. There are potential legal claims that could be pursued against both... View More

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I am living in a Mitchell-Lama complex in Brooklyn, NY. I am the successor daughter in my parents' Coop unit, where they moved 30 years ago. Back then, the Coop Bylaws required that 60-70% of the apartment have wall-to-wall carpeting. We're now moving to a larger unit, and the Coop Board... View More

I'm 26 years old and have been living with my foster parents since I was three months old. Recently, I lost my job, and my foster parents want to throw me out of the house, which is concerning because I have nowhere else to go. They've been verbally threatening me, swearing, and accusing... View More

I own a building in Brooklyn with 4 floors and have posted signs requesting that all delivery packages be left in the mail room area. Despite this, delivery drivers from FedEx and Amazon frequently enter the building and ignore the signs. On one occasion, I found a delivery man on the 4th floor... View More

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James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 26, 2025

You have several legal options to address this concerning situation with delivery drivers ignoring your posted signs and behaving aggressively. Consider sending formal cease-and-desist letters to both companies, explicitly stating that delivery personnel must respect your property boundaries and... View More

I am rent-stabilized and have a default judgment in NYC Housing Court for $8,305 from a nonpayment case filed over a year ago. I haven’t signed any settlement or stipulation. My landlord’s ledger shows a balance of $40K, claimed as rent accrued since bringing this action. A judgment of... View More

Steven Warren Smollens
answered on Mar 9, 2025

Dear Manhattan Tenant

You presented a slightly different version of this question on AVVO particularly related to the amount of the underlying judgment as well as the full balance claimed owed.

I suggest that you are requesting tailored legal advice. That requires a consultation... View More

I entered into a joint lease with my friend, which expires on April 30. I have informed the landlord that I won't be renewing, and he has acknowledged my notice and given me a recommendation. However, my friend intends to stay but hasn't signed a new lease yet. Will I have any liability... View More

I need advice on evicting my roommate in New York. We do not have a written agreement, and I'm the only one on the lease and the person who paid the deposit. My roommate has stopped paying rent, and my landlord has refused to evict her because they say I am fully responsible for the lease. She... View More

Steven Warren Smollens
answered on Mar 26, 2025

Dear Troy Tenant:

Your landlord has powerful legal grounds to be above your dispute with the roommate. The landlord does not have a legal relationship with your Roommate and so lacks standing to sue for an eviction.

Since you do not have a written agreement with the Roommate and the... View More

I was recently approved for an apartment and have been working with a licensed realtor who is in contact with the building management company. However, I have not yet signed the lease. The landlord is asking for the security deposit and first month's rent to be paid via wire transfer before... View More

Steven Warren Smollens
answered on Mar 3, 2025

Dear Manhattan Tenant:

Nothing is illegal about the initial payment request by electronic transmission and subsequent rent payment by check. Although the latter is more or less old-fashioned, it is not illegal. You could also pay by cash, even if the landlord requires a check.

But,... View More

I am moving out on April 12th, and I informed my landlord almost two months in advance. My lease agreement doesn't mention early termination or prorated rent, but states the security deposit can be used for late rent and damages. My landlord is demanding that I pay for half of the month of... View More

Steven Warren Smollens
answered on Mar 3, 2025

Dear Pittsford Tenant:

You did not say when the lease expired. If it ends on April 30, 2025, New York State housing law suggests that the landlord is entitled to the full rent without any apportionment for the entire month of April, even if the tenant plans to move out on April 12th. Both... View More

I am currently unemployed and actively seeking work. I also own a two-family rental property and receive rental income from it. I have never applied for unemployment insurance before. Am I eligible for unemployment insurance benefits?

My wife and I moved out of an apartment in New York City, breaking our lease 2 months early. According to Section 227-E of the NY Real Property Law, the landlord should make a good faith effort to re-rent the apartment at fair market value or the agreed-upon rate. Despite this, our landlord listed... View More

Steven Warren Smollens
answered on Mar 3, 2025

Dear Herkimer Tenant:

You are correct, the statute requires that the landlord mitigate damages. If the landlord fails to do so, the former tenant, if sued, has a defense to a claim for unpaid rent left over from the breached lease.

However, all New York State laws truly depend on... View More

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I received a notice for non-payment of rent in NYC, but before the deadline, I paid the $2,500 past due rent with money orders that were later stolen and cashed fraudulently. Once I realized the problem, I paid the past and present rent again, totaling $2,500, which the landlord's office has... View More

Steven Warren Smollens
answered on Mar 2, 2025

Dear Brooklyn Tenant

You have an initial court date for the nonpayment case because you Answered the Petition. It's not going away on its own. This doesn't mean that the landlord won't discontinue the proceeding on the initial court date since you say that all the rent owed... View More

I currently live in a rent-stabilized apartment in New York City and have recently purchased a co-op apartment as an investment, intending not to reside there. I have not informed my landlord about this purchase, and there are no specific terms in my lease regarding ownership of other properties.... View More

I was living in a family house without a lease, and my niece sent me texts in June 2023 and August 2023, giving me a 60-day notice to move out and stating that any property left would be considered abandoned. I replied in August, requesting more time, but due to three operations and subsequent... View More

Steven Warren Smollens
answered on Feb 28, 2025

From the day of destruction of the personal property the clock started to run on the statute of limitations, which is three years.

What stood in your way suing for monetary damages due to the unlawful eviction?

It's up to the defendant to use the expiration of a statute of... View More

My mother recently passed away on January 28, 2025. I have been living in our apartment as an occupant, but she was the leaseholder. She always handled the bills, but I discovered she hadn’t paid the Con Edison bill for a long time, and now it’s up to $8,000. She left no money or assets.... View More

Steven Warren Smollens
answered on Feb 28, 2025

Dear Manhattan Tenant:

This issue is not strictly a landlord and tenant matter--but it seems at least for the moment--you are at the mercy of Con Ed.

Read the information at:

https://everloved.com/articles/post-death-logistics/how-to-handle-utility-bills-after-someone-dies/... View More