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So they want $4,265 for the rent we have no paid, and for us to vacate the property. But the reason we have not been paying is because of us failing to get 2 carbon monoxide alarms they we still havent got for 6 months . And i have evidence of us asking them, our smoke alarms dont work, there is... View More 
answered on Sep 15, 2024
Dear Troy Tenant:
It would help your defense based on breach of the statutory warranty of habitability and breach of lease (failure of the landlord to comply with rules, codes, and regulations affecting habitability) if you had Code Enforcement write the violations for no smoke and CO... View More
I rent a 1 BR apartment in Manhattan. This elevator (1 of 3) is frequently out of service and they seemed to have had extra trouble getting me out when it was stuck this time. Most of the time it takes 10-15 mins for a tech to come and get the person out in another 10 mins or so, this time it took... View More
answered on Sep 19, 2024
A landlord-tenant attorney should advise here, but your question remains open for over a week. It looks like could have been some sort of mix-up here. This might be related to which insurance policies handled the loss, your renter policy or a policy related to the building. In either case, the... View More
The apartment complex has refused to return my security deposit and first month's rent, totaling approximately $800, even though they voided my lease due to the initial apartment (C216) not being ready. Instead, they had placed me in a temporary ground-floor unit (B105) and planned to move me... View More
The carpet in the apartment rental is 7 years old. Landlord states he’ll pull the carpet up to see what is below and if there is a stain, he’ll charge me to replace the entire carpet. The stain is maybe 3 inches by 4 inches.
The deposit is over $10,000. We have received the total commission money back. They broke the contract first, but are making us sign an agreement to not sue in order to get our money back. Is this legal? Is there a way to get our money back (and quickly) without signing? Not looking to take legal... View More
answered on Sep 5, 2024
You should never sign a general release without an attorney giving you the ok to do so.
answered on Sep 5, 2024
If your landlord does so, that is a crime, and you could call the police.
'....engaging in a course of conduct which interferes with or is intended to interfere with or disturb the comfort, repose, peace or quiet of such occupant in the use or occupancy of the dwelling unit, to induce... View More
The co-op has private streets and rent stabilized tenants are allowed two free parking spaces. My adult son lives with me. The landlord refuses to pay for a second space and my son was forced to move his car outside the complex. On a few occasions this summer he accidentally left his car within the... View More
I live in a co-op building and the neighbors right below me had water damage. No idea what happened, but their insurance took care of everything a month or two ago. Now, the Super called me that the neighbors and the building management have been emailing for a date for someone to come in and... View More
answered on Sep 3, 2024
Without knowing the details of the water damage, one possibility is that the insurance adjuster and building super want to confirm that the source of damage is not from directly above, which could make your unit the most likely possible source to look into. You mention feeling uncomfortable - you... View More
Nov 1st 2023 I have a 1yr lease agreement on a house that my landlord is now trying to sell. May 30th 2024 landlord stated he found a buyer and signed with them but didnt have an official closing date but told us house will be closed sometime before the end June and we should be gone by July.... View More
answered on Sep 6, 2024
Dear Queens Tenant:
The truth is that unless the lease allows the landlord a right to early termination, you do not need to accommodate the owner's house sale. Even a properly ended lease in New York does not require the tenant to move out voluntarily. The tenant could wait it out and... View More
My Motion to Dismiss in Nassau County Landlord-Tenant Court was dismissed, and I want to appeal it. Can you tell me what forms I need and the procedure? I also need info on getting a stay of my eviction action while the appeal is pending.
answered on Aug 30, 2024
Dear Great Neck Tenant:
An appeal from Nassau County District Court is at the Appellate Term (9th and 10th Judicial Districts. You will need a form that I cannot discover online. (https://www.nycourts.gov/courts/ad2/appellateterm_forms.shtml
You also need a Request for Appellate... View More
answered on Sep 5, 2024
Any legal eviction in New York State requires an initial inquiry about the relationship of the Petitioner (the party initiating the lawsuit similar to the Plaintiff) and the Respondent (the other party, who may be either a tenant or a licensee). The paths to getting into court are different.... View More
answered on Sep 5, 2024
If your relationship with your live-in 'ex' fits a category of landlord/tenant or landlord/not tenant relationship, there is a form of summary proceeding available to use. Perhaps a holdover tenancy termination summary proceeding or a holdover Licensee holdover summary proceeding.... View More
answered on Sep 6, 2024
Dear New York Apartment Building Investor:
This may surprise you, but there is no proper way to purchase an apartment building in NYC, let alone evaluate the property, without an attorney.
Both J-51 and 421-a are examples of long-term run 'with the land' real property tax... View More
My husband and I have had a co-signed rent-stabilized lease since Oct. 2016 that is due to be renewed by the end of this month. I am the one paying for the rent. We are just starting with the divorce procedure. He says he doesn't want to take over the lease because he can't afford it.... View More
answered on Aug 17, 2024
Although domestic relations is not one of my practice areas, I can offer a few thoughts. Often, a rent stabilized tenancy is claimed to be marital property. That's one consideration.
Of course, if the landlord and your husband agree, he can be removed and the renewal would be in your... View More
I have seen pictures of the apartment, but still have not seen it in person and they insist I make half rent deposit. I haven't signed a lease yet and only filled an application for the start.
answered on Aug 21, 2024
No. This is not proper. A security deposit cannot exist when there is no lease
I live in a NYCHA Apartment, and recently had my son removed from my lease. He promised to move in no more than 30 days, but now refuses to do so. How do I get him out of my apartment? I don't want to get in trouble with NYCHA because he refuses to leave. Can I ask NYCHA to start an eviction... View More
answered on Aug 28, 2024
Dear NYCHA Tenant:
I am sorry that New York Housing Law gives no breaks to tenants looking to remove unwanted roommates and family members. You will end up needing a lawyer to evict your son.
I cannot say that NYCHA will not let you change the locks or prevent your son from entering... View More
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answered on Aug 10, 2024
In New York State, the statute of limitations for residential rent arrears is generally six years. This means that a landlord has six years from the date the rent was due to file a lawsuit to recover unpaid rent.
Here are some key points to consider:
1. **Six-Year Limit**: Under New... View More
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