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New York Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for New York on
Q: Can a landlord increase rent by 700 dollars?

Landlord has increased rent by 700 dollars in the span of 2 months, most recently they increased by 500 dollars this month and only gave a 15 day notice. They said that if we do not pay the full amount then we should start getting ready to be evicted.

Elaine Shay
Elaine Shay
answered on Jun 24, 2022

If a residential tenant in New York resides in an apartment that is not rent regulated and does not have the protection of a current lease, there is no restriction on the rent a landlord may charge. However, if the landlord seeks to increase the rent 5% or more, the landlord must provide the... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can the landlord kick me out? In the case the landlord can, how much time do I have to leave?

The landlord has been complaining about noise after 11pm. They live below, but sometimes we may get up at night to use the bathroom. The landlord is threatening up for months about having to leave. We installed foam flooring and a rug to help absorb any possible noise. This is a month to month... View More

Elaine Shay
Elaine Shay
answered on Jun 22, 2022

Unless a tenant is rent regulated or has the protection of a current lease, the landlord does not need to justify the reason he or she may seek to evict a tenant. However, the landlord must obtain a judgment of possession from court before evicting any tenant.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Management made the super knock on my door for the rent. That is a private matter that the super shouldnt know right?
Elaine Shay
Elaine Shay
answered on Jun 22, 2022

Wrong. There is no requirement that truthful information regarding rent arrears be withheld from employees working on behalf of the landlord.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Am I allowed to withhold rent in new york state due to unfixed flooding

I notified my landlord of flooding in my room in may it is the middle of June and it is still not fixed. My furniture has molded and had to be thrown out due to the flooding. I now have nowhere to sleep and the issue is not fixed. Can I legally withhold rent until they fix the flooding and give me... View More

Sandra M. Colatosti
Sandra M. Colatosti
answered on Jun 20, 2022

You can withhold the rent. However, if the landlord takes you to court to evict you and obtain a judgment for the rent arrears, the court may award you only a partial abatement of the rent for the portion of the apartment that constituted a breach of warranty of habitability and the landlord a... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: How do I go about a subpoena I received regarding a old apartment I lived at it say I owe money cause I broke my lease

I need some some help I received a subpoena regarding a old apartment I live at that saying I have to answer a questionnaire and that I owe them money for a back rent for me breaking my lease, I did break my lease but it was due to there negligence the apartment was infested with bedbugs my... View More

Sandra M. Colatosti
Sandra M. Colatosti
answered on Jun 18, 2022

Sounds like you received an information because your former landlord already obtained a judgment against you.

1 Answer | Asked in Landlord - Tenant for New York on
Q: I am a tenant/employee. In March I got a notice to move out June 30. I’m still working there. Should I pay rent ?

I’m still an employee at my job and live upstairs from work. I get paid bi-weekly and didn’t get paid may 26 .. on June 9 I got paid one paycheck. Should I pay July rent

Sandra M. Colatosti
Sandra M. Colatosti
answered on Jun 16, 2022

If you move out June 30, you wouldn’t have to pay rent for July.

1 Answer | Asked in Landlord - Tenant for New York on
Q: I was diagnose with copd and emphysema due to black mold landlord not want to pay to fix I stop paying rent can she evi

I was diagnosed with copd and emphysema due to the black mold in my apartment the landlord didn’t want to pay to fix it. Finally she sent someone in to replace one wall and cover up the mold that’s still behind there I am bringing a personal injury suit against her or at least want to I stopped... View More

Roland Godfrey Ottley
Roland Godfrey Ottley
answered on Jun 13, 2022

Your apartment is likely not habitable given the mold infestation. Your landlord has an obligation to remedy that problem in the appropriate manner. Since you have stopped making payment because the landlord refuses to repair the mold. If the landlord were to move to evict you from the apartment... View More

2 Answers | Asked in Landlord - Tenant for New York on
Q: I lease an apt but don't live in it what rights does someone living in it 3yrs have?

I gave her 60 days notice to leave and she said she has rights and that I cant do this. I have family that wants the apt.

Roland Godfrey Ottley
Roland Godfrey Ottley
answered on Jun 3, 2022

You would be the landlord in relation to your subtenant who is in possession of the premises. Since you indicated that she has been living there for three years, you should serve her with a 90 day notice instead of a 60 day notice. If after that time has expired, she does not move out of the... View More

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1 Answer | Asked in Landlord - Tenant for New York on
Q: Need a landlord attorney that won’t break the bank. Tenant has not paid rent going on 4 months

Tenant has blocked all communication with us. Saw her in driveway over the weekend and she acted like she did not know who I was and called the police saying she was being followed and harassed, I was just asking if I could please have the rent. Trying to do this the nice way, gave her 3 separate... View More

Elaine Shay
Elaine Shay
answered on May 24, 2022

Like myself, there are many attorneys who respond to questions posted here and can assist you with a landlord/tenant matter. Simply search the attorney directory and select one or a few attorneys to reach out to and interview.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for New York on
Q: Rent is being increased from 1950 to 3500 with no written notice. What can I do? Lived in the home for 12yrs on LI.

The current lease that I have signed by the owners of the home is dated 2012. One of the owners has passed away and the second owner is bed-bound and dying. The wife has hired a broker and the broker is making all the decisions on the home. When speaking with the broker she states that all the... View More

Elaine Shay
Elaine Shay
answered on May 20, 2022

Unless you have a current lease or live in rent regulated housing, there is no restriction on the amount that a landlord may charge for rent. However, in 2019 HSTPA was enacted state-wide and landlord's are required to give written 30-90 day notice of rent increases of 5% or more.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Living in “Seasonal” home all year without knowing ….

I live in Cairo, NY in an extremely small cottage for the last 4+ years and since I have moved in, I have questioned my landlord why my heating bills were so high and he said it was just the cost of electricity. Then recently, my landlord mentioned that this place used to be a resort which finally... View More

Sandra M. Colatosti
Sandra M. Colatosti
answered on May 15, 2022

I would think that if it truly was illegal to rent the cottage as a year-round home, the Code Department would issue your landlord some kind of citation or prohibit him from continuing to rent it out as a year-round home. You could try taking your landlord to small claims court if you feel you are... View More

1 Answer | Asked in Car Accidents and Landlord - Tenant for New York on
Q: I scraped my landlord's car on March 31st. I immediately checked the car and did not see any damage. More below.

She responded quickly and informed me she did not see any damage either - not to worry it was okay and would park better in the future. Last Thursday, an itemized estimate for car repair was left on my kitchen table without any notice, entering my apartment without notice. This is over 35 days... View More

Sandra M. Colatosti
Sandra M. Colatosti
answered on May 12, 2022

This is not really a landlord-tenant matter, although she should not have entered your apartment without your permission. You should tell her that you do not feel that you should pay the bill because it was agreed at the time of the incident that there was no damage to the car. If she,... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: My mother agreed to sell her house to her nephew. He has broke all stipulations. Can she evict?

It was a verbal agreement. He quit paying her 4 months ago and now acts as if he owns the house. He even told her to find elsewhere to live. He has only paid a total of $2450 out of $75000. Did damage to the property without fixing it. He refuses to leave or pay. Can she evict him?

Sandra M. Colatosti
Sandra M. Colatosti
answered on May 11, 2022

Assuming she has not actually deeded the house over to him, she can evict him.

1 Answer | Asked in Landlord - Tenant for New York on
Q: I share apt w/ another person. I am going away for a month. Do I still have to pay rent? My name NOT on lease.

I am going away for a month, Share apartment with another person. Their name is on the lease, mine is not. This is not a vacation that I am going on. I feel like I should NOT be held responsible for my portion of the rent as I will not be incurring any expenses, nor will I be bringing in any income... View More

Sandra M. Colatosti
Sandra M. Colatosti
answered on May 10, 2022

While, technically, the person whose name is on the lease is liable for the rent, you should contribute to your portion of the rent for the month you are going to be away. If the entire rent is not paid, you could be subject to eviction as an occupant of the premises. You might want to look at it... View More

2 Answers | Asked in Landlord - Tenant for New York on
Q: Can my landlord evict me for opening our window? Says downstairs neighbors bill doubled due to this.

Our landlord has threatened to evict my family due to the downstairs neighbors electricity bill doubling, it’s spring time and we can’t even open our windows afraid of getting evicted.

Sandra M. Colatosti
Sandra M. Colatosti
answered on May 5, 2022

How does your open window affect the downstairs tenants' heating bill?

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1 Answer | Asked in Landlord - Tenant for New York on
Q: Can a landlord evict because tenant stop paying rent for no repairs and cockroach infested we put our rent money toward

One of the tenants are disabled the other one has a asthmatic machine. So what can we do legally to get our electric back on because they shut it off. We put our rent toward cockroach sprays and bug killer and bait and traps

Sandra M. Colatosti
Sandra M. Colatosti
answered on May 4, 2022

Your landlord can start a non-payment eviction proceeding. You would be entitled to a reduction in the rent for breach of warranty of habitability, but not necessarily the entire rent.

1 Answer | Asked in Landlord - Tenant for New York on
Q: She used an old warrant of eviction that was granted before she accepted the erap. We never went back to court

We owed rent and then went to court last october.that amount has since been paid by the erap.she had me served with the old warrant of eviction even after she got the money from the erap program,we never went back to court for anything owed that wasnt covered by erap.so basically what we went to... View More

Elaine Shay
Elaine Shay
answered on Apr 26, 2022

Generally, you may file for an Order to Show Cause ("OSC") seeking to stay the eviction and vacate the prior judgment in the court that issued the judgment and warran.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Is there a lawyer that does pro bono work in eviction in greene co.

Trying to evict a module home owner off my property. He doesnt pay rent but pays the taxes on the land instead.

Elaine Shay
Elaine Shay
answered on Apr 26, 2022

Generally, pro bono services are not available to property owners. However, it is important to move forward on your claim to prevent the tenant from obtaining rights to the property by adverse possession.

1 Answer | Asked in Landlord - Tenant for New York on
Q: served 14 day warrant of eviction , after she accepyed ny state erap money on my behalf

We had court in October of last year and we worked out an agreement, landlord has since received money on my behalf from ny state erap program and she wants to sell the place so she had me served with a 14 day eviction thats up this week, that was from our court date last october, but she accepted... View More

Sandra M. Colatosti
Sandra M. Colatosti
answered on Apr 26, 2022

Eviction is permitted if tenant defaulted on rent after period for which ERAP received.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: renting question when owner is selling house

I rent an apartment in a house, no lease- month to month. the owner is selling house. She wants to send open house viewers into my apartment now and i am worried about covid. She said it would be second viewers only, but isn't following through with this. Is this fair? Do I have any rights? I... View More

Elaine Shay
Elaine Shay
answered on Apr 25, 2022

A landlord is not required to share information regarding plans to move from or sell the property they own. Unless a tenant has a lease or is a rent regulated tenant, a landlord does not usually have to have a reason to ask a tenant to move. When selling a house, landlord's are not required... View More

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