I’ve lived here for eight years and never complained. I have had problems this last year and been vocal to owner about it for last month and now I am told I have to leave by September 30.

Daniel Michael Luisi
answered on Jul 26, 2024

In New York, when a landlord terminates your tenancy within one year of lodging a complaint about the premises, you may have a retaliatory eviction defense to summary eviction proceedings in housing court. If you prevail, the petition to evict will be dismissed, and you may be awarded additional... View More

I’ve lived here for eight years and never complained. I have had problems this last year and been vocal to owner and now I am told I have to leave by September 30.

Daniel Michael Luisi
answered on Jul 26, 2024

If you have been served a notice of termination within one year of lodging a complaint with your landlord, yes, you have a potential retaliatory eviction defense under New York law. This will be a question of proof, documents, and evidence. If you can prove your case in Court, you may be able to... View More

The roof has been leaking and the roofer has been out. It is still leaking. The wall in the kitchen has soft spots on it and is leaking onto our stove. A mold inspector came out and verified there is a lot of mold in the basement needing remediation. There is probably mold throughout the house as... View More

Lease expired after first year of living in building. I've lived there for 3 years as an oral month to month agreement. The landlord claims because of the water bill the rent is increasing. They're responsible for water on the prior lease and the notice was over text not written.

I first initially signed a monthly lease but due to financial difficulties I’m not able to pay the full 2500 at the beginning of each month, so we split the payments. I want to move out to find something more affordable but every check I use to pay rent so it’s very difficult to save. If I... View More

About a faulty pipe issue for 3 months now it has gotten so bad when I was called into the store there was sewage water everywhere ceiling paint falling down with water they kept telling me they will fix it and it only got more worse. I went in to clean up water and to take photos and I slipped on... View More

Jack Mevorach
answered on Jul 22, 2024

Did you review your lease agreement at any time during those three months?

Jack

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My roommates and I signed a lease for an apartment in Brooklyn. According to the lease, the agreement commenced on July 15, 2024, and our lease terminates on July 31, 2025. My roommates and I have already paid the security deposit and for first month's rent, which is roughly around ~$3,700... View More

Daniel Michael Luisi
answered on Jul 23, 2024

From a legal perspective, the amount you may or may not owe hinges on an interpretation of the lease terms, as well as background decisional law and statutes. From a strategic perspective, you will want to evaluate your goals to ensure that the likely reaction from your dispute aligns with those... View More

Many DHCR and DHCP inspectors have deemed my apartment illegal. The landlord has not done any repairs since 2015. I wanted to file documents with hte court to have an inspector come out and determine if the building should be rent stabilized. Is this possible in NY?

Summary judgement was given to Albany housing authority after they inflated my rent from $50 to $960 retaliation, breach of warrant of habitability, tenant and fair housing rights and disability rights violated and illegal lockout resulting in my homelessness and loss of all my belongings in which... View More

Occupancy is 8 months annually (no winters), it's a five year lease and the annual lease amount is $1,200. The house does not belong to the landlord, this is a ground lease arrangement.

the boyfriend of another woman in another apartment threw a chair at our front door called us whores because we were doing laundry. my mom and I are disabled. we can't find another place. the landlord does nothing, the police do nothing. we don't feel safe, they try to break into our... View More

Occupancy is 8 months annually (no winters), it's a five year lease and the annual lease amount is $1,200. The house does not belong to the landlord, this is a ground lease arrangement.

Gave first year rent as down payment. Now wants 50k and when refused won't let me move in or give back down payment till he sells the house.

Daniel Michael Luisi
answered on Jul 8, 2024

You may have a case against this landlord for fraud and/or unjust enrichment. You will need a detailed analysis of the agreements you signed as well as your communications with landlord to evaluate your legal rights.

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Rent cashed by property management July 1

Saw my case 1st day July 25

Daniel Michael Luisi
answered on Jul 8, 2024

If the landlord accepted a rent check after serving you a notice of termination, the case probably must be dismissed. However I cannot determine what is actually going on without reviewing the documents in your case. You also can be defeated through procedural defects in your motion to dismiss. Be... View More

Court date came July 3 can case be dismissed

Daniel Michael Luisi
answered on Jul 11, 2024

If the landlord accepted rent after serving a notice of termination or commencing a holdover petition, the case should be dismissed.

I paid rent at my former apartment for the full month of June. I moved in to my new apartment on June 15th. The broker who was showing my former apartment knew I was going to be moving before my lease was up. He told the new tenants they could move in early (June 24th). He sent me a text saying... View More

Daniel Michael Luisi
answered on Jul 11, 2024

If the landlord has kept the rent for a period where the apartment was leased to another tenant, you have a legal basis to demand those funds be returned under Real Property Law Section 227-e.

I filed a small claim against a co-leaseholder in my NYC studio. Due to apartment policy, I can't transfer the lease, so during my absence of occupancy, this person became a co-leaseholder by signing a roommate addition form with the leasing office. She and I also signed a separate sublease... View More

Hello, I have a question regarding a tenant - landlord relationship. My landlord is demanding I remove my bird feeder, however nothing in the lease states I cannot have one. My bird feeder is causing no harm to any other resident, and no rodents or other pests are being attracted as a result of... View More

I have a tenant that was given 60 days' notice (8/17/2024) and asked to extend it longer (8/30/2024). Down the line, the tenant changed their mind 2 days before the rent was due for July which is 48 days before the 60 days was up. This is a month-to-month with a 60-day termination notice. Our... View More

And I need that deposit to buy a plane ticket back to my home country to see doctor, I can’t afford health insurance here yet

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answered on Jun 28, 2024

In New York, tenants have several options for filing complaints against landlords outside of court actions:

1. New York State Division of Housing and Community Renewal (DHCR): If the landlord is violating rent stabilization or rent control laws, tenants can file a complaint with DHCR.... View More