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New York Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for New York on
Q: Can a person be given a notice or can a court order intending to evict residents be hung on your door?

A letter stating that a hearing will be held in our town at a courthouse located on a specified location on a date 10 days from today? Was left on my door

First question being can they hang that petition on your door or must be served to you by a state official?

Second question if... View More

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

Looks like you were served with an eviction petition by substituted service which is perfectly legal and does not have to be served by a state official.

2 Answers | Asked in Landlord - Tenant, Tax Law and Business Law for New York on
Q: I live in the US and own a condo in Jamaica, WI I want to rent to vacationers. What do I need to do to?
Samuil Buschkin
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answered on Apr 20, 2022

If you make any income from your rental activity, per US Tax law, you must include it in your annual tax return. The way you organize or register your activity abroad is a matter of applicable local or international law abroad.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Renting in jamaica queens apartments Please help with my notice for not renewing my lease without cause?

I am been asked to find new apartments and given 3 month notice stating my lease will not be renewed. I do not know the reason why they are saying so and we are finding it hard to find new house to buy or rent in this market. I have baby with special needs and i do not know what to do. I want to... View More

Elaine Shay
Elaine Shay
answered on Apr 20, 2022

The landlord is not required to renew or extend a lease or state a reason for seeking to terminate a non-regulated tenancy. However, if you do not vacate by the date specified in the Non-Renewal Notice, the landlord must obtain a judgment of possession through the courts before you can be evicted.... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: Is it illegal for my landlord not to provide mailboxes?
Sandra M. Colatosti
Sandra M. Colatosti
answered on Apr 19, 2022

United States Postal regulations require landlords of buildings containing three or more apartments to provide secure mail boxes for each apartment unless the management has arranged to distribute the mail to each apartment. Landlords must keep the mail boxes and locks in good repair.

1 Answer | Asked in Landlord - Tenant for New York on
Q: I live in Brooklyn NY in a privately owned building can I install a ring camera on my apartment entry door

Facing another tenants entry door with out the landlords consent?

Sandra M. Colatosti
Sandra M. Colatosti
answered on Apr 19, 2022

I would get the landlord’s consent before installing it.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Can you evict an 18 year old from the family residence in NY who has not graduated high school?

And before anyone else offers a lecture on parenting, maybe assume we have done everything else in our power and are being terrorized on a daily basis.

Elaine Shay
Elaine Shay
answered on Apr 12, 2022

Maybe the better question is why would a family member living with the 18 year old want to evict a high school student from his/her family home. If there are problems within the family, there are a number on resources for assistance depending on the problems involved.

1 Answer | Asked in Landlord - Tenant for New York on
Q: My husband and I own the house. Five years ago, when his two adult sisters needed a place to stay, we said they could

Stay with us. The four of us verbally agreed the two sisters would each pay $300 per month for “rent”, but we have nothing in writing. One sister (in her 50’s) pays fairly consistently. The other (in her 40’s) stopped paying last May. It is now April. She refuses to work, refuses... View More

Tim Akpinar
Tim Akpinar
answered on Apr 30, 2022

I'm sorry your question went unanswered for three weeks. You could repost and add Landlord-Tenant as a category. There's no guarantee all questions here are picked up, but you might have better chances of a response under the L-T heading. Good luck

3 Answers | Asked in Bankruptcy, Collections and Landlord - Tenant for New York on
Q: I filed for bankruptcy in December of 2021. Could the servicer foreclose on me in 2022?

I filed for chapter 7 bankruptcy in 2021. The courts discharged my mortgage on my home. The servicer transferred the mortgage to a new servicer. The servicer has indicated that they have accrued nearly $5,000 in legal fees. Is the servicer legally able to foreclose on me within one year of my... View More

Howard E. Knispel
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Howard E. Knispel
answered on Apr 1, 2022

There is no law that allows a person to live in their home if they are not paying the mortgage. If you filed Chapter 7 then you either intended to surrender the home or redeem (pay off the entire mortgage).

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1 Answer | Asked in Contracts, Real Estate Law, Construction Law and Landlord - Tenant for New York on
Q: we rented/own property from a shady dealer who promised that we'd have foundation (there isn't). can we sue or get help?

my mother who rented from our old landlord was promised that the three houses (trailers) would have foundation under all of them. when the ink was placed and the money spent we were stuck with 3 trailers that had no foundation, were not up to code, and now are slowly destroying themselves because... View More

Elaine Shay
Elaine Shay
answered on Mar 17, 2022

In order to determine whether you have a potential cause of action against the seller, the contract that was signed will need to be reviewed. I suggest scheduling a consultation with a local attorney to have the contract and the facts of your situation properly reviewed so that you can receive the... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: My tenant lawyer discontinued my Case without my consent though we have all the proofs to win the case, what to do now?

He advised me to move out of the damaged apartment my landlord refused to fix, then upon moving out he discontinued my case cuz I can’t sue the landlord as a non-tenant

Walter Sage Jennings
Walter Sage Jennings
answered on Mar 15, 2022

I answeredyour question on Avvo. just now. please refer to it.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Other lawyer did not show up for the date and the judge dismissed, then they cancelled and it was still on a later date

I had a housing court date that I showed up for. The opposing lawyer did not show up for the date and the judge dismissed. They called days later and said the clerk messed the date up the date on the answer sheet and the case is not dismissed anymore. Is this allowed? And is there something I... View More

Elaine Shay
Elaine Shay
answered on Mar 14, 2022

Sometimes even court clerk's make mistakes. Even if the case had been dismissed on default, it would not be on the merits and the landlord would only need to make a motion to restore the case to the calendar.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can leasing office tell you when a tenant is moving out?
Elaine Shay
Elaine Shay
answered on Mar 14, 2022

A leasing office may disclose when it expects to have a vacant apartment available.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can tenant still be evicted after applying for rental assistance that is pending?

We have a tenant who has almost never paid rent in full since he started living here but when covid started he stopped paying or would pay small amounts. We were hoping to be able to convict him once the moratorium was over but now he applied for the rental assistance program and it's pending.... View More

Elaine Shay
Elaine Shay
answered on Mar 11, 2022

How does ERAP affect my eviction case?

If you have a pending eviction proceeding, your ERAP application will stay (temporarily stop) your eviction case. This stay remains until a decision is made on your ERAP application. Housing Court will not hear your case and you cannot be evicted...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: trying to transfer father's lease (rental apartment) to his daughter. what kind of letter is needed?
Elaine Shay
Elaine Shay
answered on Mar 7, 2022

Leases are generally not transferable without the consent of both parties. If you are instead referring to succession rights, that is a different question.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can my landlord refuse to let someone from staying in our apartment because he doesn't like them?

My landlord evicted them from there apartment.

Elaine Shay
Elaine Shay
answered on Mar 7, 2022

Generally, a landlord cannot prevent a tenant from having the guests of his or her choice visit or stay over in an unregulated rental apartment. However, if the tenant does not have a lease or is otherwise protected, a landlord may commence eviction proceedings against a tenant that allows guests... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: Is my landlord responsible for property stolen outside apartment building when tenant was refused to bring item inside

Item was delivered but left outside because tenant was told not allowed to bring item inside apartment

Elaine Shay
Elaine Shay
answered on Mar 7, 2022

Probably not as this did not prevent the tenant from storing the item in a different location.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can a wife use landllord & tenant court to kick an ex Husband out of the home she owns that they both live in for years?

tHEIR 24 YEAR OLD, EMPLOYED COLLEGE GRAD SON LIVES WITH FRIENDS IN ny cITY

Elaine Shay
Elaine Shay
answered on Mar 1, 2022

Maybe, but the preferred method is to bring an ejectment action.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Our landlord signed new tenants but didn’t tell us when he was signing the new people, can we stay in the house?
Elaine Shay
Elaine Shay
answered on Feb 10, 2022

Landlord's are not required to disclose to non-regulated tenants of their future plans for a rental unit. In the event a tenant does not have a lease and is not rent-regulated, a landord is required to serve the appropriate notice under HSTPA to terminate an existing tenant's tenancy and... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: Our landlord is threatening to evict us if we don't replace siding on the house ( it was off before we moved in) Can he?

Moved in Aug 2019; siding was off long before we got here. Contract states we are responsible for repairs and maintainence; but I would assume siding would not be included. It is going to cost upward of $5,000 to do this. He also wants us to repair the roof ( which was also damaged before we moved... View More

Elaine Shay
Elaine Shay
answered on Feb 10, 2022

Unless a tenant the protection of an existing lease or is a rent regulated tenant, the landlord does not need cause to terminate a tenancy. However, if a tenant has complained about conditions that require repair and the landlord is acting in retaliation for good-faith complaints, the tenant may... View More

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