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New York Landlord - Tenant Questions & Answers
0 Answers | Asked in Landlord - Tenant for New York on
Q: I live in NY state Albany area. I am evicting my tenants to move back in to my home.

The tenants have applied for the ERAP program. Because I am moving in I can still go through with the eviction but have to wait for either an approval or denial from ERAP!! It’s been 4 months since they applied for the Erap and it looks like it’s going to be several more months before a... Read more »

2 Answers | Asked in Landlord - Tenant for New York on
Q: I need free legal advice as a renter who had to move due to moms disability who lived with me and I am still paying rent
Walter Sage Jennings
Walter Sage Jennings answered on Jan 14, 2022

if you have a lease you may have to negotiate with the landlord to end it early depending on the terms of the lease you may be able to sublet the balance of your term it is difficult to give you an answer without having more information

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2 Answers | Asked in Landlord - Tenant for New York on
Q: I need free legal advice as a renter who had to move due to moms disability who lived with me and I am still paying rent
Walter Sage Jennings
Walter Sage Jennings answered on Jan 14, 2022

if you have a lease you may have to negotiate with the landlord to end it early depending on the terms of the lease you may be able to sublet the balance of your term it is difficult to give you an answer without having more information

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0 Answers | Asked in Small Claims, Contracts, Real Estate Law and Landlord - Tenant for New York on
Q: Are unsigned email agreements legally binding?

House I've been renting 5 years was sold. New owners offered cash verbally, in person and via email, for me to move soon (possible but not ideal). If I agree (via email), move and they don't pay, do I have recourse options?

1 Answer | Asked in Contracts, Real Estate Law, Landlord - Tenant and Small Claims for New York on
Q: Are unsigned email agreements legally binding?

House I've been renting 5 years was sold. New owners offered cash for me to move soon (possible but not ideal). If I move and they don't pay, do I have recourse?

Michael David Siegel
Michael David Siegel answered on Jan 14, 2022

Unsigned email exchanges can be legally binding. It depends if a complete agreement can be divined from them.

0 Answers | Asked in Landlord - Tenant for New York on
Q: If an ex left couches at my place how long until they are considered abandoned and I can either keep or get rid of them?

I am asking for a friend who isn't sure what to do and she lives in Syracuse, NY.

3 Answers | Asked in Landlord - Tenant for New York on
Q: I live in NY. A friend of mine has asked that I sign a lease agreement with her as a co-signer. Can I create a separate

contract between my friend and me, essentially saying that if she fails to pay her portion of rent and I am on the hook for the entire rent to the landlord, then my friend promises to indemnify me? Are these types of side contracts legal?

Elaine Shay
Elaine Shay answered on Jan 7, 2022

Being a tenant does not prevent you from entering into legal contracts with your roommate.

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1 Answer | Asked in Landlord - Tenant for New York on
Q: Can a landlord break a lease with a tenant who is causing unanticipated expenses?

I have a tenant who stayed in the house for 1.5 years and has another 1.5 years on the lease.

The tenant is frequently asking for repairmen to come and fix issues that are borderline negligence (e.g., they said the dishwasher broke and wanted us to install a new one, but our contractor... Read more »

Walter Sage Jennings
Walter Sage Jennings answered on Jan 7, 2022

Not unless it is specifically contained in the lease agreement itself. However you may be able to bring a suit for expenses caused by the tenant.

0 Answers | Asked in Landlord - Tenant for New York on
Q: Is the tenant responsible for unreported water leak?

I have a tenant whose rent agreement is for another 1.5 years. I pay the water bill. This tenant's bills for the past year have been $130/6 months. The plumber was in the house in December doing maintenance and heard a water leak that he said was apparent. The tenant told him he tried to fix... Read more »

2 Answers | Asked in Real Estate Law, Energy, Oil and Gas and Landlord - Tenant for New York on
Q: I own a Condo (which is on the 3rd floor) and the gas was shut off because of a gas leak

but the gas leak is not in my apartment or in the walls

it might be in the rizer from the ground floor to my apartment but my plumber could not find it

Question

who is responsible to fix that is it the condo owner

or the condo management board

Michael David Siegel
Michael David Siegel answered on Jan 5, 2022

Condo Management

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0 Answers | Asked in Landlord - Tenant for New York on
Q: Should i send my tenants lawyer her remaining balance of her deposit minus damages if we havent went to court.

The lawyer first contacted me to demand a full return of the tenants deposit. The lease is over but the tenant did do damage that surpassed regular wear and tear. The lawyer then asked for pictures i politely denied and referred back to their client as they were present at the final inspection.... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: I currently live in a building apartment in Queens and I rent an extra room to someone, I need to leave the city soon

i need to leave my apartment and the tenant i rent the room doesn't want to leave. Can i leave that person there and break my lease?. I use my itin number to rent the apartment and I lived there with my senior mom, now we need to leave but the tenant doesn't want to leave.

Elaine Shay
Elaine Shay answered on Jan 4, 2022

In order to surrender the apartment to the landlord, you must leave the apartment vacant and free of other occupants. If you fail to do so, the landlord can seek to hold you liable for rent and or legal fees that continue to accrue.

Since you are in the role of "landlord" to...
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0 Answers | Asked in Real Estate Law, Business Law and Landlord - Tenant for New York on
Q: What are "common maintenance charges" "elevator service" in a Queens County, NYC, NY medical office commercial lease?

I am a holdover tenant since my old lease expired May 2003.

My expired lease states,

"Tenant will, at Tenant's own cost and expense, bear, pay as additional rent the common maintenance charges for the premises known as 12-55 and 12-57 150 Street, Whitestone, New York, in... Read more »

0 Answers | Asked in Landlord - Tenant for New York on
Q: How should I proceed with my landlord?

In June 2019 my landlord verbally informed me that he would be raising the monthly rent $100 more each month. He wanted the new amount to be paid that same date he verbally notified me. I did, I have the check history from my bank account to prove it. I continued paying the new amount of $1,975... Read more »

0 Answers | Asked in Landlord - Tenant for New York on
Q: Is there anything legally that I can do regarding the tenants above me making excessive noise?

I’ve live in a 3 unit apartment building in Newburgh NY. I’m in the middle apartment and I’ve been dealing with the tenants above me playing loud music, running back and forth, and loud talking and yelling. This has been going on for about two years. I’ve tried talking to the tenants above... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law and Landlord - Tenant for New York on
Q: Is a contract legal binding if both party's sighned it has been notarized?
Toshinori Isoai
Toshinori Isoai answered on Dec 27, 2021

It depends on what the contract was for, consideration involved, nature of the agreement, roles of the parties, etc.

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1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for New York on
Q: For NYS Real Estate Law 226(c) must the tenant move as requested or can he fight this notice from the landlord?

If 90 days notice applies must the tenant pay all future monthly rents to the landlord?

Toshinori Isoai
Toshinori Isoai answered on Dec 25, 2021

Yes if the "future monthly rents" referenced here are the rent payable under the existing lease. If your landlord gives you the notice of termination or intent of no renewal in a legally sufficient manner, your current lease will terminate at the end of the lease. There is nothing to fight there.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: I lived in an apartment for 7 years, starting in 2012. Landlord is suing me for arrears accrued in 2018,

Under the document dated in 2012. There here several lease renewals after that date and the obligations of the 2012 lease were met. Should he have sued me under the lease that covers the montages in question ?

Michael David Siegel
Michael David Siegel answered on Dec 16, 2021

Yes. If you are month to month, the most recently expired lease governs, except as to term and rent.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for New York on
Q: For NYS Real Estate Law 226(c) must the tenant move as requested or can he fight this notice from the landlord?

This is a new landlord. My apartment building was recently bought with about one month from the previous owners. Must I vacate the premise?

Is there any legal recourse? Must the landlord give a reason for the notice to vacate?

Thanks.

Toshinori Isoai
Toshinori Isoai answered on Dec 16, 2021

The change of ownership won't affect the lease in effect. The new owner must respect and entertain the lease terms unless the lease says otherwise. S/he cannot kick you out. However, RPL §226-c concerns renewal (or no-renewal) of a residential lease. So if your lease is to expire soon and the... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: Hi, I received a buyout offer from my landlord, do I'm obligated to answer the letter?

I live in a rent stabilized apartment for 14 years and I'm not interested in the offer.

Elaine Shay
Elaine Shay answered on Dec 13, 2021

If you advise the owner in writing that you do not want to be contacted about any buyout offer, the owner cannot contact you about it for 180 days unless you advise the owner in writing at some earlier time that you are interested in discussing a buyout, or unless the Court permits the owner to... Read more »

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