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New York Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for New York on
Q: How to properly evict a tenant who has lived on my property 10 years

I would like to evict my tenant because I don't not want to renew her lease and my daughter is having a baby and I want her to stay in the apartment I have downstairs. I own a 2 family home.

Elaine Shay
Elaine Shay
answered on Sep 20, 2022

In an ideal world you would speak with your tenant and things would move forward cooperatively. However, that frequently does not work out. Therefore, landlords are required to serve a 90 Day Notice of Termination on a long term tenant before commencing a holdover proceeding in Housing Court to... View More

2 Answers | Asked in Landlord - Tenant for New York on
Q: I got a default judgement against me from unpaid rent . They are garnishing my wages however there was another person

Are they supposed to garnish my wages for all unpaid debt or are they supposed to make me pay half

Elaine Shay
Elaine Shay
answered on Sep 12, 2022

Generally, when a lease is signed by co-tenants, each co-tenant is responsible to the landlord for the full amount of the rent.

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1 Answer | Asked in Landlord - Tenant for New York on
Q: I have a question tenant law

I’m a tenant who was a month to month , always paid rent , no issues at the house with police agency or anything else , I maintain the yard and home , I was given a non lease renewal and then a 30 day notice with no notice at all , and the owner has harassed me etc , destroying my personal... View More

Elaine Shay
Elaine Shay
answered on Sep 2, 2022

Your next step should be to seek representation. If you are unable to afford an attorney, you may call 311 for information on obtaining pro bono representation.

1 Answer | Asked in Small Claims and Landlord - Tenant for New York on
Q: How much can NYC renters be charged for three days in an apartment?

On a month to month lease, we are moving out on the 3rd and new tenants occupy on the 4th. The building manager is saying what they charge us is based on a percentage or what the other tenants don't pay. This all sounds false and shady. We paid every month, never late they walked through the... View More

Tim Akpinar
Tim Akpinar
answered on Sep 9, 2022

Your question may have gotten overlooked for two weeks because of the categories posted under. You could try reposting and adding "Landlord-Tenant" as a category. There's no guarantee every question here is picked up, but you'd have better chances of a L-T attorney seeing your post there. Good luck

1 Answer | Asked in Landlord - Tenant for New York on
Q: Landlord of rental building will not provide storage for items required to be removed from balconies during facade work.

The landlord of our rental building has informed us that exterior facade work under Local Law 11 will be performed for an undisclosed period of time. They are requiring tenants to remove all items from balconies during the entire time period, however long that may be (and in NYC, this could mean... View More

Victor M. Feraru
Victor M. Feraru
answered on Sep 1, 2022

You should engage an attorney who will work this out for you. It sounds like an issue of the landlord simply playing on people's weaknesses.

1 Answer | Asked in Landlord - Tenant for New York on
Q: If a new owner purchased a home we rent, how much notice does he have to give us if he serves us eviction papers?

Prior to our new owners closing our home on 8/3, we were offered to stay here ( he resides locally, but not here) and our rent would go from $2400 a month to $2700 a month. We were told by the realtor that they agreed we could stay here for one year, month to month at $2700 We accepted that offer.... View More

Jack Mevorach
Jack Mevorach
answered on Aug 28, 2022

Is there currently a Lease Agreement in effect? At the very least, have you to be given 90 days notice, and then you would first be served with the proceeding. Have a free telephone consultation with counsel.

Jack

1 Answer | Asked in Contracts, Landlord - Tenant and Small Claims for New York on
Q: I have a contract between me and a guy I had attempted to rent from stating he'll pay me back $900 by September first

The $900 is the total amount of rent and my security deposit as I discovered there were bedbugs, asked him if he had bed bugs, he said he didn't, I had someone from pest control confirm it was a bed bug, and had him sign a contract stating he would pay me back my first month's rent, along... View More

Di Ma
Di Ma
answered on Sep 3, 2022

Hi, is your question how you should recover the $900? Assuming there are no eviction issues, your former landlord breached his promise to return the $900 to you. You have the promise in writing. This case seems ideal for small claims court. Downstate may charge slightly differently but small claims... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: The landlord gave me 6 months to leave his property I need to know do I continue to pay the rent. I’ve never beenlate.

We had a lease but he felt it was unnecessary so I knew when I had another year is when he would raise the rent. He raised it for August so I thought it was good for another year. We had a verbal agreement. Please I have 5 kids and one of my child has autism.

Sandra M. Colatosti
Sandra M. Colatosti
answered on Aug 23, 2022

Yes, you must continue to pay the rent.

1 Answer | Asked in Landlord - Tenant, Real Estate Law and Probate for New York on
Q: My Sister in Law and I are Tenants in Common. The house is filled with the personal property of original owner.

This house passed to us immediately upon the death of the Life Tenant - outside if probate. An Executor or Adminstrator has not yet been appointed by the Surrogates Court. The personal property contained within the house must eventually be distributed to the beneficiaries in the former owners will.... View More

Jack Mevorach
Jack Mevorach
answered on Aug 9, 2022

I wouldn't. The house should be secured by the fiduciary and then the personal property can be inventoried.

Jack

1 Answer | Asked in Landlord - Tenant for New York on
Q: Hello, I live with my elderly, disabled mother in a rent stabilized apt.

Hello, I live with my mother in a rent stabilized apt. Unfortunately i was let go from my job during covid and got backed up on my rent. I had to quit my new job also because i was accepted into nursing school. My mother is disabled and on dialysis. My name is on the lease. My question is, can we... View More

Elaine Shay
Elaine Shay
answered on Aug 9, 2022

There are many available services to assist tenants with avoiding eviction based upon age or disability status. However, neither age nor disability status bar evictions for nonpayment of rent

1 Answer | Asked in Landlord - Tenant for New York on
Q: My landlord is threatening me because I reported the tenants upstairs for dealing drugs. What can I do?

The letter states that my landlord will violate my and my brother's lease because I have reported the tenants upstairs to the police because they deal drugs out of their apartment. Because I witnessed a favorite tenant of the landlord's buying drugs from one of the drug dealers upstairs,... View More

Elaine Shay
Elaine Shay
answered on Aug 5, 2022

You may want to contact the Tenant Harassment Prevention Task Force

https://www1.nyc.gov/site/hpd/services-and-information/thpt.page

1 Answer | Asked in Family Law, Real Estate Law and Landlord - Tenant for New York on
Q: Hi, my family is in the process of being evicted by the main tenant my grandmother she is refusing to sign moms HRA form

Her refusal comes from her lawyer and without that form my mother and brothers health benefits will end my mother is in need of a surgery that can help her with weight loss from and accident and relieve the risk of becoming blind from Papilledema

Sandra M. Colatosti
Sandra M. Colatosti
answered on Aug 3, 2022

You should consult a lawyer

3 Answers | Asked in Landlord - Tenant for New York on
Q: Can my landlord require proof of my chronic illness to make a repair?

The intercom and buzzer for my apartment hasn't worked in over a year. My building management has claimed over the same year that they are waiting on a chip to replace the entire system. In the interim, Ive requested an electrician look at the current system to see if a temporary solution... View More

Roland Godfrey Ottley
Roland Godfrey Ottley
answered on Aug 2, 2022

NYS Multiple Dwelling Law Sec. 50-a, regulates entrances: doors, locks and intercommunication systems in building that meet the criteria. Your landlord/ management company has to have the intercom and buzzer. The owner should explain why it is taking a year to fix the intercom and buzzer system.... View More

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1 Answer | Asked in Landlord - Tenant for New York on
Q: Holdover delinquent rm renter (I am prime tenant, not prop owner of mkt rate apt) invoked ERAP to stay eviction. Help!

He was in unit <12 mos & served Notice of Term. BTW I rec'd ERAP already! His clear ineligibility/fraud reported to ERAP 2 weeks ago by ph 2x.We are before Judge Howard Kings Housing Ct. I am not repped. HELP.

Roland Godfrey Ottley
Roland Godfrey Ottley
answered on Jul 30, 2022

Well you will need to file a motion to vacate the ERAP stay! We can help you! Call The Ottley Law Firm at 7182212162.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Is my landlord responsible for paying the heat and hot water as the residential lease for the house in New York I rent ?

Lease stipulates: Section 5.5 Tenant will be responsible for all utilities and services required on the Premises except that Landlord will provide the following: Heat, Hot Water

Elaine Shay
Elaine Shay
answered on Jul 28, 2022

Generally this type of provision is interpretted to mean that the landlord is required to maintain the equipment that generate heat and hot water but the tenant is responsible for the associated utilites necessary to generat the heat and hot water.

1 Answer | Asked in Criminal Law, Civil Rights, Federal Crimes and Landlord - Tenant for New York on
Q: What shall I do?

I am considering to take a legal action against my tenants on 1st floor in my rental house (legal 2-family) due to tenants behaviors as follows:

- Repeatedly using my private garage without my permission;

- Repeatedly opening my private letters, and sealed them back;

-... View More

Elaine Shay
Elaine Shay
answered on Jul 25, 2022

If your tenants do not have the protection of an unexpired current lease and are not rent regulated, you may commence a holdover proceeding to recover possession of the apartment. Strongly recommend retaining an experienced landlord/tenant attorney to assist you with the process.

1 Answer | Asked in Immigration Law and Landlord - Tenant for New York on
Q: If a US sponsor petitions for an adult family immigrant, what is the USCIS accommodation requirements if the US sponsor

resides in a one bedroom apartment with a lease agreement stating one occupant?

Monica E Rottermann
Monica E Rottermann
answered on Jul 6, 2022

USCIS requires a petitioner to file an affidavit for support, Form I-864, and meet certain income thresholds based on the federal poverty guidelines and household size. This requirement does not extend to accommodations. You can see the income requirements here: https://www.uscis.gov/i-864p

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can a tenant install a door camera, and record other tenants coming and going without there permission in N.Y.?
Elaine Shay
Elaine Shay
answered on Jul 5, 2022

Generally, people are free to record others in public. For example, a landlord may install a video camera in building hallways or entrances provided they are not aimed to view the interior of tenants' apartments. Likewise, provided it is not prohibited by the terms of a lease, a tenant may... View More

2 Answers | Asked in Landlord - Tenant for New York on
Q: Can I have a legally prepared agreement with a month to month tenant to ensure that tenants adhere to the rules?
Elaine Shay
Elaine Shay
answered on Jul 1, 2022

If your property is not rent-regulated, you may legally have a month-to-month rental agreement with your tenant. However, like with all tenancies, if a tenant fails to adhere to the terms of the agreement, you may still be required to go to court to enforce your agreement or obtain relief such as... View More

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1 Answer | Asked in Landlord - Tenant for New York on
Q: The tenants didn't want the furniture in my fully furnished place. I stored it. Their lease is up, who moves it back in?

I rented out my fully furnished apartment to tenants who were worried they would damage it (they have children). I did them a favor and stored it for the duration of their lease. Who is responsible for moving it back in? The contract says the home is furnished and has a detailed list of all the... View More

Sandra M. Colatosti
Sandra M. Colatosti
answered on Jun 24, 2022

You are.

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