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New York Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for New York on
Q: Hello, my landlord just sold my house. The new owners just gave me a 30 day vacancy notice, do I still have to pay..

Rent for the remaining 30 days ?

Sandra M. Colatosti
Sandra M. Colatosti
answered on Sep 30, 2022

Yes.

1 Answer | Asked in Landlord - Tenant for New York on
Q: My landlord is refusing to give me my deposit and is instead giving it to my ex-partner who is also on the lease.

The landlord signed a new lease with my ex-partner and is trying to 'roll-over' my deposit to a lease agreement that I am not apart of. I need help getting my lease back as stated in the lease agreement.

[Update] Can you inform me of my options?

Elaine Shay
PREMIUM
Elaine Shay
answered on Sep 30, 2022

You may sue your landlord and ex-partner in Small Claims Court for the refund of your security deposit.

2 Answers | Asked in Landlord - Tenant for New York on
Q: If Docket/Index numbers vary among a Warrant of Eviction, Notice of Petition, Petition... is that grounds for dismissal?
Victor M. Feraru
Victor M. Feraru
answered on Sep 29, 2022

I don't think it is. Although it shouldn't have been filed or served that way--it may, and I say MAY be a reason to delay. Generally, these errors happen and are easy to fix. You'd be better off not representing yourself in an eviction for a number of reasons.

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1 Answer | Asked in Landlord - Tenant for New York on
Q: in ny is there a letter for tenant transfer apartment for security deposit difference to use as first month rent

hi, my tenant is switching from the front apartment to the back apartment she paid the security deposit now we both agreed since it will be less rent in the back she will transfer the security deposit from front to back and the difference of $125 will go to first-month rent is there a legal... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on Sep 27, 2022

You might want to provide her with a statement similar to the one you would if she was moving completely within 14 days she moves out of the one apartment. You might want to wait to see the condition of the apartment she is moving out of before putting anything in writing.

0 Answers | Asked in Landlord - Tenant for New York on
Q: what happens with my case if I take payments from section 8 and HRA for my tenant while Im waiting for a court date?

I own a three apartment house in the Bronx and I have a court date on next month for evicting my tenant. Her 90 day notice ended in July 31st and she owes me about seven thousand five hundred of her share of rent . Do I need to return the payments I received from section 8 and HRA on her behalf ?... Read more »

0 Answers | Asked in Contracts, Civil Rights, Environmental and Landlord - Tenant for New York on
Q: Owner/Mgmt in breach of lease/ Warranty of Habitability at my senior bldg. Written notice. No response. Next step?

I live in a privately owned senior bldg. They accept HUD subsidies. In their lease, it clearly states, "no objectionable odors permitted to permeate from tenants' units". I have lived here 6 yrs on the ground floor. There are 4 floors. Never had a problem until about a yr ago. I... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: How to properly evict a tenant who has lived on my property 10 years

I would like to evict my tenant because I don't not want to renew her lease and my daughter is having a baby and I want her to stay in the apartment I have downstairs. I own a 2 family home.

Elaine Shay
PREMIUM
Elaine Shay
answered on Sep 20, 2022

In an ideal world you would speak with your tenant and things would move forward cooperatively. However, that frequently does not work out. Therefore, landlords are required to serve a 90 Day Notice of Termination on a long term tenant before commencing a holdover proceeding in Housing Court to... Read more »

0 Answers | Asked in Landlord - Tenant for New York on
Q: Can I sue my formal landlord for emotional and mental anguish.

Upon selling the house,landlord said we were safe, didn't have to move. Told us this for months. As did his lawyer and the realtor. They said house was sold occupied.

Now I got a Termination of tenancy letter and have until Nov 30 to vacate. I am disabled, and everyone that is... Read more »

0 Answers | Asked in Landlord - Tenant for New York on
Q: In New York City, what if the landlord does not send notice of tenant’s right for a move out inspection?

Should tenant request an inspection, anyway? Or has the landlord forfeited the right to withhold any of the deposit?

0 Answers | Asked in Landlord - Tenant for New York on
Q: What are the eviction laws pertaining to emergency housing by DSS in NYS. I have been here over 2 months

I have been here over 2 months and the other day they sent a fax over saying they are no longer responsible for paying for me to stay here. Can they just kick me out or is it the same eviction process as regular residential rentals

2 Answers | Asked in Landlord - Tenant for New York on
Q: I got a default judgement against me from unpaid rent . They are garnishing my wages however there was another person

Are they supposed to garnish my wages for all unpaid debt or are they supposed to make me pay half

Elaine Shay
PREMIUM
Elaine Shay
answered on Sep 12, 2022

Generally, when a lease is signed by co-tenants, each co-tenant is responsible to the landlord for the full amount of the rent.

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0 Answers | Asked in Landlord - Tenant for New York on
Q: Harassment tenant of rent stabilized by Landlord

Tenant stabilized for 24 years, SCRIE. New landlord bought building: raised bill for active lease; refused offer renewal; After complaint offered 2,5m backdated lease; refused to sing; signed 4 months later but white out what I signed; wrote 25% on white out,using my signature. He never... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: I have a question tenant law

I’m a tenant who was a month to month , always paid rent , no issues at the house with police agency or anything else , I maintain the yard and home , I was given a non lease renewal and then a 30 day notice with no notice at all , and the owner has harassed me etc , destroying my personal... Read more »

Elaine Shay
PREMIUM
Elaine Shay
answered on Sep 2, 2022

Your next step should be to seek representation. If you are unable to afford an attorney, you may call 311 for information on obtaining pro bono representation.

1 Answer | Asked in Small Claims and Landlord - Tenant for New York on
Q: How much can NYC renters be charged for three days in an apartment?

On a month to month lease, we are moving out on the 3rd and new tenants occupy on the 4th. The building manager is saying what they charge us is based on a percentage or what the other tenants don't pay. This all sounds false and shady. We paid every month, never late they walked through the... Read more »

Tim Akpinar
Tim Akpinar
answered on Sep 9, 2022

Your question may have gotten overlooked for two weeks because of the categories posted under. You could try reposting and adding "Landlord-Tenant" as a category. There's no guarantee every question here is picked up, but you'd have better chances of a L-T attorney seeing your post there. Good luck

1 Answer | Asked in Landlord - Tenant for New York on
Q: Landlord of rental building will not provide storage for items required to be removed from balconies during facade work.

The landlord of our rental building has informed us that exterior facade work under Local Law 11 will be performed for an undisclosed period of time. They are requiring tenants to remove all items from balconies during the entire time period, however long that may be (and in NYC, this could mean... Read more »

Victor M. Feraru
Victor M. Feraru
answered on Sep 1, 2022

You should engage an attorney who will work this out for you. It sounds like an issue of the landlord simply playing on people's weaknesses.

1 Answer | Asked in Landlord - Tenant for New York on
Q: If a new owner purchased a home we rent, how much notice does he have to give us if he serves us eviction papers?

Prior to our new owners closing our home on 8/3, we were offered to stay here ( he resides locally, but not here) and our rent would go from $2400 a month to $2700 a month. We were told by the realtor that they agreed we could stay here for one year, month to month at $2700 We accepted that offer.... Read more »

Jack Mevorach
Jack Mevorach
answered on Aug 28, 2022

Is there currently a Lease Agreement in effect? At the very least, have you to be given 90 days notice, and then you would first be served with the proceeding. Have a free telephone consultation with counsel.

Jack

1 Answer | Asked in Contracts, Landlord - Tenant and Small Claims for New York on
Q: I have a contract between me and a guy I had attempted to rent from stating he'll pay me back $900 by September first

The $900 is the total amount of rent and my security deposit as I discovered there were bedbugs, asked him if he had bed bugs, he said he didn't, I had someone from pest control confirm it was a bed bug, and had him sign a contract stating he would pay me back my first month's rent, along... Read more »

Di Ma
Di Ma
answered on Sep 3, 2022

Hi, is your question how you should recover the $900? Assuming there are no eviction issues, your former landlord breached his promise to return the $900 to you. You have the promise in writing. This case seems ideal for small claims court. Downstate may charge slightly differently but small claims... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: The landlord gave me 6 months to leave his property I need to know do I continue to pay the rent. I’ve never beenlate.

We had a lease but he felt it was unnecessary so I knew when I had another year is when he would raise the rent. He raised it for August so I thought it was good for another year. We had a verbal agreement. Please I have 5 kids and one of my child has autism.

Sandra M. Colatosti
Sandra M. Colatosti
answered on Aug 23, 2022

Yes, you must continue to pay the rent.

1 Answer | Asked in Landlord - Tenant, Real Estate Law and Probate for New York on
Q: My Sister in Law and I are Tenants in Common. The house is filled with the personal property of original owner.

This house passed to us immediately upon the death of the Life Tenant - outside if probate. An Executor or Adminstrator has not yet been appointed by the Surrogates Court. The personal property contained within the house must eventually be distributed to the beneficiaries in the former owners will.... Read more »

Jack Mevorach
Jack Mevorach
answered on Aug 9, 2022

I wouldn't. The house should be secured by the fiduciary and then the personal property can be inventoried.

Jack

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