If you don’t appear, a default judgment will be entered against you, regardless of the merits of the case. The judgment creditor could then proceed to levy your bank accounts and seek a turnover of the funds to the NYC Marshall to satisfy the judgment. The statute of limitations for rent arrears... View More

I believe that this is a duplicate question. In general, the recently enacted Consumer Credit Fairness Act has actually reduced the statute of limitations to three (3) years for rent arrears in New York. If you have made any payments after April 7, 2022, it shouldn't reactivate the debt under... View More

Dear Buffalo Tenant:

More than what you observe is going on. Start with the wrong address. An address of the premises sought to be recovered in a summary proceeding is a material element of the pleading of a petition. If the wrong address is stated in the Petition, then there is no ability... View More

Legally, I think what they are doing is very questionable. Real Property Law section 227-e requires you landlord to mitigate damages once he is properly notified that you intend to break the lease. Meaning after being properly notified by you, he can’t simply sit back and let the arrears pile up... View More

If you have an ERAP appliction pending, the landlord is stayed from taking any action to evict you until a determination on your application is issued. Commercial tenants are not entitled to file an ERAP application nor are they entitled to the related stay preventing eviction. It sounds like... View More

It would be helpful to have more information about the leases and the facts surrounding them. For example, how was it that you did you not know you were signing a lease if you in fact signed it? The facts surrounding the signing and whether a contract was formed may also be relevant. Was there... View More

You should make arrangements with landlord to pay rent another way- by mailing check/money order to LL; paying through a payment app like PayPal or Venmo or making payments into all’s bank account

You may go to the Housing Court in the County that issued the warrant of eviction and make an application for an Order to Show Cause ("OSC") to stay your eviction. You may bring certified funds payable to the Petitioner to demonstrate to the Court you have the funds available to satisfy... View More

No. Your tenant had no obligation to get involved with an altercation between you and your roommate.

You may try to deposit the check again. Be aware that the Uniform Commercial Code permits a bank to refuse to honor a check more than 6 months old, so that’s another issue to consider. Of course if you try to deposit and the check is dishonored again, you will have to pay the fees to the bank a... View More

Here's a link to guidance from the NYC Civil Court regarding a roommate holdover case: https://nycourts.gov/courts/nyc/housing/holdover_roommate.shtml

However, it is strongly recommended that you retain an attorney to assist you through the process.

Tenants are permitted to have roommates but any issue between the tenant and his/her roommate is not a basis for you to evict the roommate. Depending on the circumstances, you could start a case against your tenant as well as the roommate. However, as long as you are being paid the agreed rent by... View More

Your question remains open for three weeks. It might have gotten overlooked under the Real Estate heading. You could repost and add Landlord-Tenant as a category. Some questions go unanswered, but you might have better chances of a response under L-T law. Good luck

If your landlord attempts to retain your security deposit, you may sue in Small Claims Court and the Court will determine the issue.

Unless your property is rent regulated or the rent is otherwise restricted by a housing program, there is no limit on the rent increase you can request. However, if you intend to raise the rent by 5% or more above the current rent, you must serve the tenant written notice of your intent to do so.

Generally, unless a tenant is protected by the terms of his or her lease or applicable rent regulation program, a landlord is free to terminate a month-to-month tenancy by service of the appropriate Notice of Termination, which is 30-90 days depending upon how long the tenant has been in possession.

Yes.

You may sue your landlord and ex-partner in Small Claims Court for the refund of your security deposit.

I don't think it is. Although it shouldn't have been filed or served that way--it may, and I say MAY be a reason to delay. Generally, these errors happen and are easy to fix. You'd be better off not representing yourself in an eviction for a number of reasons.

You might want to provide her with a statement similar to the one you would if she was moving completely within 14 days she moves out of the one apartment. You might want to wait to see the condition of the apartment she is moving out of before putting anything in writing.