Get free answers to your Landlord - Tenant legal questions from lawyers in your area.
I am a tenant with a month-to-month lease in upstate New York, and I have given a 30-day notice in the middle of the month. Am I allowed to leave mid-month, and how does this affect my rent obligations for the final month?
answered on Feb 26, 2025
Dear Albany Tenant:
The notice by the tenant to end a month-to-month tenancy is effective on the last day of the month following the month the notice was provided. Technically, it is a 'one-month' advance notice, not thirty days, but no one, not even most experienced attorneys,... View More 
I lived in a family-owned home in Brooklyn, NY, for 49 years, sharing the bills with my family. In June 2023, I received a text from a family member giving me 60 days to move out, followed by a letter in August stating the house would be renovated, and my belongings would be thrown out if not... View More
answered on Feb 26, 2025
Dear Brooklyn Tenant:
What a family. You were illegally evicted. That was a crime. Had you called the police back then, there may have been arrests made. You had a short period of time to sue for an unlawful eviction.
In New York State, a one-year statute of limitations controls... View More
Is it possible to have a lease assigned to me even though I am not related to the current tenant? It concerns a residential, rent-stabilized property in NYC. The tenant has been living there for many years and now wants to assign the lease to a long-time friend, but not a family member. The... View More
answered on Feb 14, 2025
Dear Manhattan Tenant
Yes. But a NYC landlord is not required to agree to the proposal to assign the lease. The landlord is able to unreasonably reject the proposed assignment. The only remedy in this event is that the tenant could cancel the remainder of the lease.
An Assignment... View More
I'm dealing with an eviction situation involving my tenant, a hoarder who has refused to move after I served a 90-day notice that expired on January 31, 2025, following New York's legal procedures. I intended to sell the property in January 2024, but couldn't due to this issue. The... View More
answered on Feb 14, 2025
Dear Buffalo Property Owner
You are missing the key component of the eviction event and that is you did not bring the tenancy terminated holdover tenant to court. A properly served written 90 day notice is known as a preliminary or predicate notice. To turn it into an eviction proceeding... View More
I had a slip & fall on ice on my driveway which led to a physical injury. My landlord has repeatedly left the driveway unplowed & full of ice, where another one of my neighbors fell. I had to plow the entire driveway to get my vehicle out to which I blew my lower back out to today.
answered on Feb 10, 2025
Sorry to hear what happened to you. Landlords in New York have a legal duty to keep their property in a reasonably safe condition and are responsible for any harm caused by dangerous conditions about which they had notice. The injury to your back was not caused by a dangerous condition, but by... View More
answered on Feb 7, 2025
Regardless of relationship, the landlord typically has someone or all of you severally obligated by written lease to pay the rent. How you get it together is up to you and your room mates. If you default, the people on the lease get sued.
i have also call police and complain and i have police report how to kick out tenant immd out
answered on Jan 28, 2025
Dear Commack Property Owner
There is no eviction without a court proceeding. Month to month tenancy does not require a fault ground for the eviction proceeding unless the owner is subject to the Good Cause Eviction Law.
Use a local lawyer familiar with your local District Court.
I am seeking legal representation for a high-stakes housing discrimination and disability rights case involving violations of the Fair Housing Act (FHA) and Americans with Disabilities Act (ADA).
This case concerns a prominent NYC property management company’s failure to provide... View More
answered on Jan 14, 2025
I'm sorry for your ordeal. Your post straddles several practice areas. In response to your question seeking an experienced attorney to take the matter to trial, it could be difficult for attorneys here to offer their services to you. The format here is limited to Q & A, rather than... View More
My mom who just passed away has been renting a rent stabilized apartment since the mid 70's. The apartment complex, originally rentals were converted to co-ops back in the 1980's with the option to buy. Mom continued to rent the apartment. Her existing lease will expire end of June this... View More
My mom who just passed away has been renting a rent stabilized apartment since the mid 70's. The apartment complex, originally rentals were converted to co-ops back in the 1980's with the option to buy. Mom continued to rent the apartment. Her existing lease will expire in June. (As she... View More
answered on Jan 13, 2025
Dear Valley Stream Tenant:
Generally, there is a right of family member succession tenancy for Rent Stabilized tenancies. These are more complex when the remaining family member lives with a non-purchasing tenant after a cooperative conversion.
Generally, a lease, even a... View More
In this specific situation:
1. Co-Signer A does not participate in the daily business operations of the store.
2. Co-Signer A accuses Co-Signer B of financial misconduct, personal betrayal, and claims that Co-Signer B is an illegal immigrant.
3. Co-Signer B manages the... View More
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answered on Jan 11, 2025
Greetings:
A Commercial Landlord is not an arbitration, mediator, or babysitter for issues by and between its Tenants. The Landlord/Tenant-Guarantor relationship simply establishes that the Tenants enter into a "privity of contract" and "privity of estate" relationship... View More
answered on Jan 10, 2025
A renter usually would not pay property taxes but would pay rent unless a commercial lease states otherwise. Separately, sometimes one person or entity can own land, and another person owns a building that leases the land from the landowner. In that case, the landowner could still be the person... View More
4 years of water damage in the bedroom, living room, and kitchen. They claim to fix it come and repaint for it to happen again the next time it rains. I was dealing with ants, mold, little bugs. In the bedroom, the corner ceiling is detached leading to inside the wall and the opening runs from wall... View More
answered on Jan 8, 2025
Dear Brooklyn Tenant:
Moving out does not prevent the landlord from suing for unpaid rent, just as any ordinary creditor could sue, but the lawsuit is in the regular Civil Court, not the Housing Court, where tenants have all sorts of rights, including the right to an assigned attorney. Make... View More
Our condo association and board are not serving our interests.
Tenant evicted August 2022 (without counsel, guardian ad litem or Advocacy of any kind while attorney’s claimed "no interest but wouldn't elaborate) Tenant evicted under clause "We reserve rig ammendment the lease for the health & safety of tenants). No ammendment to lease... View More
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answered on Jan 5, 2025
I'm really sorry to hear about the challenges you've faced with your eviction. It sounds like you've been through a difficult and complicated process.
To seek recourse, consider reaching out to local legal aid organizations that provide assistance to individuals in situations... View More
answered on Jan 8, 2025
Dear Manhattan Tenant:
A New York landlord has 14 days to present a former tenant with the written itemization of damages the landlord will charge against the tenant's security deposit and to refund the balance of the security deposit. A tenant has no right to return after moving out... View More
I am currently in litigation. The judge ordered leave to refile the motion to amend, denied the motion for summary judgment, and ordered that I accept the defendant's late answer. I filed a lawsuit in the Supreme Court against my now ex-landlord; they were not when I filed. Some points... View More
answered on Jan 8, 2025
No. New York State (Department of State) is not a proper party. All New York domestic corporations and LLCs are registered with DOS. Amending a summons is far more complex than amending a complaint--although recent changes in the CPLR make amendments to complaints more difficult than before.
I am a 67 years old disabled wheelchair bound senior citizen. I have lived at 35 Woodbine Street for 49 years. In June 2023 my brother gifted the house to his daughter for $1. On June 20 she sent me a text telling me I have 60 days to move out. On August 20th I text her back stating I needed more... View More
answered on Nov 23, 2024
This appears to be an illegal eviction and destruction of property, with several legal violations given your specific circumstances.
1. Illegal Self-Help Eviction
- Your niece's actions constitute an illegal "self-help" eviction by changing locks and removing... View More
I currently live in a homeless shelter, there have been ongoing problems with a roommate to which I have brought up to management many times. Over this weekend well management was not there is she flipped out and started yelling at my other roommate and I and even threatened to murder us. I know... View More
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answered on Nov 30, 2024
I'm sorry to hear about the difficult and frightening situation you're experiencing. Your safety is important, and I hope the following information helps clarify your legal options.
In New York State, it is generally legal to record a conversation as long as one party consents to... View More
My brother is the current leaseholder of our Bronx residence. Due to prior financial difficulties, I have been subletting from him for over five years without formal authorization from the property owner, and this arrangement lacks written documentation. My wife and I have cohabited in the... View More
answered on Oct 30, 2024
Dear Bronx Tenant
Is this a Rent Stabilized apartment?
Does your brother also live in the same apartment with you and your wife?
If so, then your arrangement with your brother is not a sublease even if you pay rent to your brother.
If your brother is living in the... View More
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