answered on Mar 30, 2023
Contracts generally do not need to be in writing to be enforceable. Certain types of contracts do, such as those for the sale of real property or leases for periods of more than year. But unless excepted from the “statute of frauds” which requires certain agreements to be memorialized in... Read more »
My lease doesn't allow sublets or assignments. I asked, and they said no. I've considered using Real Property Law Section 226-b, but would like to know more about the process before proceeding? Additionally, the lease says nothing about "breaking" the lease or a penalty involved... Read more »
My friend owns a funeral home in Bronx, NY. People he trusted over the years have locked him out of his home/business, changed passwords on accounts and access to his business website.
Is that something that happens often? How can someone question whether it is valid, I cannot afford an attorney - how to protect myself? They want to evict me.
This caused false understanding that continues to-date for approximately 1 year at this point. As an example, I heard that the word Eviction was translated into a word from a different language, that if translated back to English, would be Inadmissible or Not Allowed to Enter, instead of Ejectment.... Read more »
ORDER TO SHOW CAUSE WAS DENIED , AND THE APPELIATE UPSTAIRS IN HOUSING , WHERE APPEALED , ALSO WAS DENIED.
HES HAS BAD INFECTIONS IN HIS LEGS AND FOOT , AND ON 14 MEDICATIONS. SAD BUT TRUE
WHAT IS HIS NEXT STEP. ADULT PROTECTIVE SERVICES AGREE THAT HE SHOULD BE EVICTED , CRAZY STUFF
This concerns a 62, a home attendant who worked 10+ years with a special needs individual whose tenant of record mother, LONG WITH HER, resided in a 1930, four family dwelling place in Ridgewood, N. The home attendant lived with this mother daughter team in a non traditional family relationship. In... Read more »
answered on Mar 24, 2023
I gather you are a friend. You posted a similar question. I suppose you believe the home attendant living with a family for all those years, in a so-called non-traditional family relationship, and with no other place of her own to call home, and now aged 62, is entitled to a permanent property... Read more »
Ex and I signed lease for an apartment in June 2020. After one year it became a month-to-month lease. I have not actually lived there for well over a year. Just found out that for an entire year prior to that she was taking most of the money I gave her towards my half of rent and not paying the... Read more »
answered on Mar 19, 2023
Dear Manhattan Tenant:
How does a month-to-month tenancy continue with you as a tenant after you moved out and ceased paying rent to the landlord?
In NYC a tenant ends a month-to-month tenancy by moving out and by not paying rent after moving out.
In NYC landlords cannot... Read more »
My lease says "Landlord will not be liable to you due to any interruption or curtailment of heat, hot water, air conditioning or any other service furnished to you, except as provided by applicable law. you may not withhold any rent, nor will rent be abated, as a result of such interruption or... Read more »
I am trying to get out of this lease, it is a non-regulated property. The landlord is insisting that I have to relet the apartment and I am still liable.
I have a 6 month trial commercial lease. Started Dec1, 2022. With a three month guarantee and there after month to month basis. After June 2023, it would renew if no notice was given within 30 days from tenant to be a year lease. I would like to leave at the end of March 2023 today I would like to... Read more »
answered on Mar 14, 2023
The terms seem a little unusual, but whatever you agreed will govern. If the lease is month to month, no notice is required as a matter of law. Just do not pay April, and leave by March 31. However, if your document requires something different, that will govern.
I put automatic payment, and I did not get it off in the last month. I have demanded the landlord to refund me back the extra rental fee for over 6 months, and I still have not received any payment. I looked it up and only deposit case is mentioned.
answered on Mar 13, 2023
If the apartment is Rent Stabilized file a complaint for a Rent Overcharge. If you prevail you may secure triple damages for that extra month paid and not refunded, promptly.
If your tenancy was not Rent Stabilized, you may inquire about filing a criminal complaint with your local NYPD... Read more »
I moved out of an apartment and the landlord, besides keeping my $630 security deposit, sent an invoice for an additional $1500, all for supposed damages. The damages were for things like paint, carpet, and blinds, all of which were 15 years old because I was a long-term tenant and the items were... Read more »
I have contacted the police on several occasions, I have reached out to the landlord which he ignored my messages. These people are coming out to their backyard at 12am and dont stop until the next morning. Theyre very loud, playing music on a speaker, singing, talking loudly, being aggressive and... Read more »
answered on Mar 10, 2023
Noisy neighbors are frequent problems for tenants and landlords. Depending upon whether the tenants causing the problem are rent regulated or free market can significantly impact the likelihood of the landlord's ability to address the situation. Withholding rent will likely get your... Read more »
Thank you Mr Smollen for your comprehensive response to my question concerning succession rights.
A 64 years old woman worked as a resident caretaker for a special needs individual since 2012. The tenant parent of the disabled individual died in 2017, the resident caretaker continued caring for the special needs person until 2019 when she was transferred to a facility for care. The caretaker... Read more »
answered on Mar 9, 2023
Dear Friend of a former Home Health Care Provider:
"Succession Rights" is an umbrella expression that covers all the potential relationships of a Rent Stabilized tenant with other persons sharing the apartment with the Tenant as a Primary Residence and who may be the Tenant's... Read more »
My mom recently sold a duplex that I lived in with my family. The apartment we lived in was in significant disrepair so we invested over $6000 in renovations (permission was received). We also paid almost $6000 toward a new roof as well. Though we paid for rent till the end of the month. She... Read more »
answered on Mar 13, 2023
Generally, tenants investing money into improving a rental unit have no expectation the landlord will kick back that money when they move out.
Locking you out of your home without a court order is a crime. If you called the police when this happened mother could face arrest.
You... Read more »
I was informed that she isn’t able to recertify her housing government assistance apartment while have an outstanding balance. Is that accurate? Also I have asked countless times to see where my payments have been sent and I have not gotten any response from her. I’ve asked her for the... Read more »
answered on Mar 5, 2023
Dear Manhattan Tenant:
You may have been taken for a ride. The Tenant is not allowed to sublet subsidized housing where the tenant is required to certify. There is no barrier to certification even with a rent-due balance.
Landlord put in new heating system. I was paying for the fuel oil. Wants me to pay for the initial fill of propane, but is selling the property and has given me a notice to vacate. I am concerned that I will not be reimbursed for the unused propane.
answered on Mar 1, 2023
Dear Canadaigua Tenant:
In New York State there is no such document in Tenant and Landlord law known as a notice to vacate. Is that the name used by the landlord? If so, it is likely no more than a trick since no lawyer would use those words on a tenancy termination or notice of intention... Read more »
I did not move into the apartment at any time. I did not sign a lease nor did I receive keys. I requested a deposit because my step father passed away he was my mothers caregiver and I now have to be responsible for her and my uncle who is autistic and both need round the clock care. I sent a... Read more »
answered on Feb 24, 2023
Dear Islip Tenant
You did not create a tenant security deposit without signing a lease. The security deposit statute is not involved.
Your right to sue for recovery of the money turned over as a hold deposit depend on the writen disclosure made and signed by you and the written... Read more »
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