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.

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

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

You should never sign a general release without an attorney giving you the ok to do so.

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

Without knowing the details of the water damage, one possibility is that the insurance adjuster and building super want to confirm that the source of damage is not from directly above, which could make your unit the most likely possible source to look into. You mention feeling uncomfortable - you... View More

Dear Queens Tenant:

The truth is that unless the lease allows the landlord a right to early termination, you do not need to accommodate the owner's house sale. Even a properly ended lease in New York does not require the tenant to move out voluntarily. The tenant could wait it out and... View More

Dear Great Neck Tenant:

An appeal from Nassau County District Court is at the Appellate Term (9th and 10th Judicial Districts. You will need a form that I cannot discover online. (https://www.nycourts.gov/courts/ad2/appellateterm_forms.shtml

You also need a Request for Appellate... View More

Any legal eviction in New York State requires an initial inquiry about the relationship of the Petitioner (the party initiating the lawsuit similar to the Plaintiff) and the Respondent (the other party, who may be either a tenant or a licensee). The paths to getting into court are different.... View More

If your relationship with your live-in 'ex' fits a category of landlord/tenant or landlord/not tenant relationship, there is a form of summary proceeding available to use. Perhaps a holdover tenancy termination summary proceeding or a holdover Licensee holdover summary proceeding.... View More

Dear New York Apartment Building Investor:

This may surprise you, but there is no proper way to purchase an apartment building in NYC, let alone evaluate the property, without an attorney.

Both J-51 and 421-a are examples of long-term run 'with the land' real property tax... View More

Although domestic relations is not one of my practice areas, I can offer a few thoughts. Often, a rent stabilized tenancy is claimed to be marital property. That's one consideration.

Of course, if the landlord and your husband agree, he can be removed and the renewal would be in your... View More

No. This is not proper. A security deposit cannot exist when there is no lease

Dear NYCHA Tenant:

I am sorry that New York Housing Law gives no breaks to tenants looking to remove unwanted roommates and family members. You will end up needing a lawyer to evict your son.

I cannot say that NYCHA will not let you change the locks or prevent your son from entering... View More

Aubrey Claudius Galloway Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 10, 2024

In New York State, the statute of limitations for residential rent arrears is generally six years. This means that a landlord has six years from the date the rent was due to file a lawsuit to recover unpaid rent.

Here are some key points to consider:

1. **Six-Year Limit**: Under New... View More

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answered on Aug 10, 2024

A "Tenant Affirmation of Noncompliance" is a legal document used in New York State in the context of housing court proceedings, particularly in cases involving nonpayment of rent or other lease violations. This form is typically used by tenants to assert that the landlord has not complied... View More

Peter J. Weinman Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 29, 2024

If the damages were sufficient to justify a deduction from the tenant's security deposit, I do not see a round-trip uber trip as unreasonable -- any more than if the landlord ordered the items to be delivered and had to pay a delivery fee.

In New York, when a landlord terminates your tenancy within one year of lodging a complaint about the premises, you may have a retaliatory eviction defense to summary eviction proceedings in housing court. If you prevail, the petition to evict will be dismissed, and you may be awarded additional... View More

If you have been served a notice of termination within one year of lodging a complaint with your landlord, yes, you have a potential retaliatory eviction defense under New York law. This will be a question of proof, documents, and evidence. If you can prove your case in Court, you may be able to... View More

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answered on Aug 10, 2024

Dealing with mold in your rented home can be concerning. Here are the steps you should take:

1. **Notify Your Landlord**: Inform your landlord or property management company immediately about the mold issue. Provide them with the report from the third-party lab as evidence.

2.... View More