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One of my roommates is attempting to become a holdover tenant at the end of our lease. I am primary tenant on a joint lease. The guarantor is sending her a written cease and desist. For my safety and proof for the security deposit in case she purposefully damages the apartment, I am considering to... View More 
Too many people rents a room at their house “illegally” without paperwork or lease agreements. But what rights and protection does the homeowners have in that situation without the legal paperwork? Especially if the tenant doesn’t pay rent properly, how to evict them legally?
My brother is the current leaseholder of our Bronx residence. Due to prior financial difficulties, I have been subletting from him for over five years without formal authorization from the property owner, and this arrangement lacks written documentation. My wife and I have cohabited in the... View More
answered on Oct 30, 2024
Dear Bronx Tenant
Is this a Rent Stabilized apartment?
Does your brother also live in the same apartment with you and your wife?
If so, then your arrangement with your brother is not a sublease even if you pay rent to your brother.
If your brother is living in the... View More
My therapist was doing paperwork for one but the housing told me if I get an ESA I will get kicked out
answered on Oct 27, 2024
Dear Catskill CAP Housing Tenant
I do not know what the basic pet ownership rules are for your Housing. An ESA is not a service animal. NY State has certain anti discrimination rules relat
ing to ESA animal companions that are more expansive than the Federal Rules.
I... View More
answered on Oct 27, 2024
Dear Brooklyn Resident
Who defined your legal status as a Licensee?
If you are as you say then you may not have anti eviction protection like a tenant.
I wouldn't take your word for this.
Why not try to see if a Housing Court Judge in Kings County will... View More
My family law attorney told me to seek help regarding this particular matter- it's outside the area of her expertise.
My mother, father, and grandmother (maternal) lived together for the last 30-ish years. My mom passed 3 years ago, and my father still has not moved out. The house is... View More
answered on Oct 24, 2024
Dear Albany Family Member:
You hire an attorney for your grandmother who knows how to do eviction proceedings.
The only obligation created by the Legislation relating to the five day letter is that it is mailed by certified mail to the tenant. There is no further obligation.... View More
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answered on Oct 23, 2024
Potential tort liability for both.
They have my security deposit from when I initially moved in.
The judge will dismiss my case since I have the proof of payment...but sincec i received the court notice, I stopped my rent payment from March, 2024...so my concern is whether the landlord or his attorney has the authority to request the judge right away to issue another notice of non-payment... View More
answered on Oct 22, 2024
Dear Brooklyn Tenant:
First things first. I gather that your initial court date is looming, and you filed the Answer to the nonpayment petition around March/April 2024.
Since the landlord's attorney decided not to offer to discontinue the case when you answered that you paid... View More
I sleep over at my girlfriend's house sometimes. Her lease says nothing about having guests coming over & I've been visiting for over 3 years. Recently, her landlord had an issue with me sleeping over even when she's been aware I've been coming over for years. I primarily... View More
answered on Oct 11, 2024
Dear Brooklyn Tenant
I responded to your issue on another online forum.
Your girlfriend's landlord does not have a lease provision for restricted overnight guests or even a two week visit.
But your girlfriend resides in a jurisdiction that has not embraced Good Cause... View More
I sleep over my girlfriends sometimes. Her lease says nothing about having guests coming over & I've been visiting for over 3 years. Recently, her landlord had an issue with me sleeping over even when she's been aware I've been coming over for years. I primarily live in Brooklyn... View More
answered on Oct 10, 2024
Dear Brooklyn Tenant
If you moved in permanently as a Roommate the landlord has no legal basis to complain.
But even without the landlord having a just cause to complain about your visiting overnight from time to time your girlfriend is the one who has to deal with a landlord who... View More
I sublet a room in an apartment in NYC. The sublease was meant to be for a year but the main tenant decided it was not working out and asked me to vacate within 30 days. That will place my last day of occupation part way through next month. Can they charge me for the full rent next month if rent is... View More
answered on Oct 7, 2024
Dear Manhattan Roommate.
You are not a subtenant if you rent a room only. I gather that you had a written agreement for one year.
If so a verbal request for you to move out in thirty days had no legal effect on the one year rental agreement.
answered on Oct 5, 2024
Dear Newburgh Property Owner:
What is the landlord's procedure for a tenant of 10 years to leave the rental?
It is far more difficult now than before your city adopted Good Cause Eviction.... View More
Our rental lease ends June 2025 and we want to negotiate an early lease termination with our current landlord.
We want to move as my wife gave birth to multiples and with a toddler already the 2 bedroom is too small and challenging. I‘m afraid that postpartum my wife could be to stressed... View More
answered on Oct 3, 2024
Dear Manhattan Tenant:
You avoided a colossal error. Since 2019, New York State tenants breaching a lease and leaving an apartment with money owed on a lease without a release from the landlord can sit back and wait for the landlord to rent the apartment again before even confronting the... View More
The owner has passed away. The son was renting it out but he’s since vanished. It’s been over two years since I’ve seen him. The property needs a bunch of work. The deed is still currently recorded with the deceased owners name. What would be my options?
answered on Oct 2, 2024
Adverse possession may not work. You don't gain any rights just by paying taxes and other items. First thing to do is to review the last recorded deed to see who owns the property.
Jack
My rent was never increased for years and now an arrears team is trying to clean up their financials and wants to retroactively charge me 3 years of increases. It is their personal error how can they be allowed to do that?
answered on Oct 5, 2024
Dear Brooklyn Tenant:
Generally, no. Since you paid rent as billed by the landlord, you could raise it as a defense accord and satisfaction, payment, waiver, and other affirmative defenses if sued for the rent.
Meanwhile, I suggest you now show your documents to a lawyer for analysis.
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
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 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
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