Get free answers to your Landlord - Tenant legal questions from lawyers in your area.
I am a tenant in Manhattan and my lease--which runs through August 3 2023-- stipulates that the landlord gives 60 days notice either to 1) increase rent by more than 5% or 2) if they don't intend to renew the lease. My landlord just told me that he wants to increase the rent by more than 5%... View More 
answered on Jun 15, 2023
Dear Manhattan Tenant
No. There's no obligation to renew the lease when the tenancy is not Rent Stabilized.
State law requires that the landlord provide written notification of the fact that the landlord is not renewing the lease.
Sixty days advance written... View More
I own a two family home but use all of the home for myself. I would like to airbnb one of my spare rooms. Im located in NYC and have not applied with OSE yet. On the OSE application, it states to list the type of dwelling; there is a few option on the application, should I listed it as a 2 family... View More
answered on Jun 23, 2023
Dear Staten Island Home Owner:
You need a personal consultation with an attorney. Imagine the risk of an attorney telling you what to do when the attorney has not reviewed the Certificate of Occupancy, the HPD and DOB file for your property, and the records of the Department of Finance, and... View More
Security deposits returned after 60 days
Penalty for late rent at $50 plus $2 per day
-Tenant must steam clean carpets after tenancy
-Arbitrary price list (ie. $20 for nail hole, $15 to clean dishwasher, etc
-Waive trial by jury
-and more
The lease... View More
answered on Jun 12, 2023
Dear Buffalo Tenant:
No proper current form published for a residential lease would use 5-point font. What is your lease's identification (name, form number, publisher)?
[https://ffgnesqs.com/ideal-contract-font... View More
My landlord received ERAP payments in May 2022. They began sending me eviction papers through September 2022. I asked them to please stop sending me this paperwork because it's illegal to do so once they receive ERAP payments. The papers only stopped around September when I appealed to ERAP... View More
answered on Jun 23, 2023
Dear Manhattan Tenant:
It seems as though your landlord operates above the law. If all landlords acted as required by law, there would be far less work for tenant attorneys.
No matter what the landlord threw into the lease, it is the law in this jurisdiction that a landlord may... View More
and he owns the land. The slab is cracking in several areas and my home is no longer level due to a cave in on the property. Is he responsible for the repairs that are needed? He also constructed a retaining wall that needs repairs.
answered on Jun 6, 2023
Dear Stony Point MHP Tenant:
Are there at least three manufactured homes on the same property? If so, your tenancy should be governed by Rent Stabilization. https://hcr.ny.gov/system/files/documents/2018/12/mfhp-program.pdf... View More
No consent given and not informed of installation. New York state location in Erie county. Private house two apartments only.
answered on Jun 4, 2023
Dear Tonawanda Tenant
Your landlord has power to deal with your neighbor's cameras. NY law does not bar video surveillance of public areas and common areas of residential property. The landlord may demand removal of camera in the common hallway.
It's a dangerous situation and I have no hot water or cooking stove
answered on Jun 4, 2023
It depends. If you own the mobile home and there is an electrical problem in the home, you are responsible for getting it repaired. If you rent the mobile home, the owner is responsible. If the problem is outside the home, the park manager or power company would be responsible for the repair,... View More
Hi. I live in New York and am interested in moving to another apt there. The new apt would be in a lower level than where I presently reside and has additional conveniences from my present place of residence. The owner of the new apt has given me a quote of one rate but in order to keep the rental... View More
answered on Jun 4, 2023
Dear Brooklyn Tenant
The cooperative apartment owner isn't interested in fancy tax policies like depreciation or other methods of dealing with capital improvements in the unit. This person wants money back in his wallet and you came around to rent his apartment. He is entitled to... View More
Over the years I have complained about the lack of storage available to me, she has refused to offer any accommodations so I now use my spare bedroom as storage. She was made aware of this several months ago. Recently informed me that she was putting house up for rent and wants to show the house. I... View More
answered on Jun 4, 2023
Hello The Justia question you posted indicates that you live in Philadelphia. If that is so, you need to post your question for Pennsylvania attorney attention.
tenant relationship father was arrested for assult to son full stay away O.P. in place. ejectment action or summary proceeding in N.Y. state
answered on Jun 5, 2023
Dear Warsaw Tenant:
If you are facing an eviction lawsuit, you need an attorney. Only the court will determine if the Life Estate Tenant retains the residual right to possession in relation to the non-tenant son.
For the past two years, I have returned the renewal lease with increases both by email and US Post. The 1st year I received a counter singed copy. The send year I have not receive the counter signed copy. When I asked for it they said they didn't receive the copy I sent in the mail. So I... View More
answered on May 26, 2023
Dear Brooklyn Tenant:
This would be simple if you were a Rent Stabilized tenant. Rent Stabilized tenants always have a duplicate of the lease renewal forms, their landlords keep track of tenants without returned lease renewals since that leads to an automatic lease default based on the Rent... View More
This on top of him being a not so attentive manager.
answered on May 18, 2023
Failure to provide essential services can entitle a tenant to a partial rent abatement. If you were served with a holdover proceeding, you may be entitled to claim retaliation for report of conditions as a defense. Seriously consider seeking legal representation in your area for assistance.
I wanted to lease a studio in NYC and live with my boyfriend, but since I would be paying the majority rent and my boyfriends credit isn’t great, I wanted to lease the apartment (be the sole applicant) and then take him on as a roommate/occupant. The NYC roommate law seems to say that any tenant... View More
answered on May 18, 2023
Dear NYC Tenant:
It is the other way around. Two tenants named as tenants on one lease are not entitled to an additional Roommate if both tenants live together. One tenant is ALWAYS entitled to the choice of a Roommate. The statute does not exclude Studio apartments.
***2. It shall... View More
Tenant has a lease for and occupy the 2nd floor of a 2-family house and lived there for 12 years. The allegation of illegal basement arose after tenant was given notice to vacate premise
answered on May 15, 2023
When an owner uses a building that has a Certificate of Occupancy for two (2) families for three (3) separate dwelling units, a defacto multiple dwelling is created. The law requires that any building in NYC used for three or more dwelling units must have a current Multiple Dwelling Registration... View More
Please refer to Fact Sheet #30 from the NYS HCR Office of Rent Admin. I was not technically a 'primary resident' of my mom, because it wasn't my primary residence during the last two years per my mailing/license address/STAR abatement. But I never changed my shipping address for... View More
answered on May 13, 2023
From what you have said, it seems like it would be difficult to "win" a succession case in court. Although, an argument can be made that you were there as a caregiver for your mother, the problem being that when the court looks to determine succession they look for documentation such as... View More
My mother and I live together. The landlord would only allow one person on the lease who is my mother. My children and I are listed on an occupant list attached as a rider to the lease. She is 88 yo and wheelchair bound so I have been paying rent. All of a sudden the landlord will not accept it... View More
answered on May 26, 2023
The landlord does not get a market-rate apartment. If your mother is evicted, the next tenant is also rent-stabilized. So that is not what I see going on here. The lease itself likely states the landlord will accept rent only from the tenant. Do this correctly. Secure Power of Attorney and pay the... View More
I’m the daughter and lived in the apartment 54 years. My mother is 87 and in a wheelchair so cannot pay rent. We are in a very low rent rent stabilized unit.
answered on May 10, 2023
No, as long as the rent is being paid the landlord should accept it.
Tenant has been experiencing mental health crisis and had escalating conflict with housemates involving many police calls and crisis services visits. They left no contact information and there is no contact information for family. The other housemates are moving out (no penalty, it's... View More
answered on May 10, 2023
You must retain the tenant's belongings in safekeeping for a reasonable time (usually 30 days). If the tenant does not contact you to reclaim them, you may dispose of them whichever way you like.
I put 500 for an apartment i never moved into due to my job relocating me i was never told it was nonrefundable or else i would have never given the money
answered on May 8, 2023
If you disagree with the determination by the Landlord or Property Manager, you may want to consider commencing a case in Small Claims Court.
I have lived here for 3 years and am aware of the 90 day notice requirement. I want to know how noticed are required, by law, to be served. Email, text, phone, mail? Please cite statute. Thank you
answered on May 3, 2023
Dear Amherst Tenant:
Thank you for your question. I may as well say you should ask the NY State Legislature why the statute does not provide any precise method for delivering the written notification. The word 'service' is not once mentioned in the 362 words of this statute.... View More
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