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New York Landlord - Tenant Questions & Answers
2 Answers | Asked in Personal Injury, Real Estate Law, Civil Litigation and Landlord - Tenant for New York on
Q: What kind of lawyer do I need? My single wide trailer burned down, no fault of my own! l

I had been complaining to the landlord for months they would try to fix it, it was never right, he and His Drunk handyman put in bigger fuel jets and it burned twice as much fuel. a few days ago at bed time it went out, we hit the reset and a few minutes later the furnace went up in flames, we made... View More

Tim Akpinar
Tim Akpinar
answered on Feb 7, 2022

First find out if your loss is covered by insurance. If there was an insurance policy in effect for the premises, then the type of lawyer you would need would be a civil litigation lawyer versed in property and casualty claims. Thankfully, it looks like no one was injured. If there is a policy in... View More

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1 Answer | Asked in Landlord - Tenant for New York on
Q: Hi I am landlord of New York State. I rent out a basement and the agreement is we will pay the electricity.

But the tenants use so many electricity per month and I got a thousand electricity bill per month. What can I do. The contract will be ended after 1.5 years.

Elaine Shay
Elaine Shay
answered on Feb 4, 2022

Parties are responsible for the bargains they make by written contracts such as a lease. Therefore, if a tenant is using the rented premises as intended by the lease and the electric charges are higher than the landlord may have expected, the tenant is not under an obligation to agree to modify... View More

4 Answers | Asked in Landlord - Tenant and Personal Injury for New York on
Q: Being sued along with tenant for a dog attack. Am I responsible?

I'm a landlord in FL with a property in NY. The suit claims that my tenant's dog attacked a minor. It wasn't in the lease but we had verbally told the tenant that no pets are allowed. Am I still liable for the damages caused? What are our next steps?

Michael Bersani
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answered on Feb 4, 2022

You’re in luck. Under current New York State case law, a dog bite victim can only hold someone liable who either owned or harbored the dog. In your fact scenario, the landlord did neither. He simply owned the building where a tenant resided who owned and harbored the dog. it is very unlikely that... View More

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1 Answer | Asked in Landlord - Tenant for New York on
Q: can i use my security deposit as last months rent in long island?
Elaine Shay
Elaine Shay
answered on Feb 3, 2022

Security deposits are intended to be available to pay for any damage to the apartment caused by the tenant before vacating. Applying the security deposit to last month's rent would defeat that purpose and, therefore, is not appropriate. That being said, landlords don't have many options... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: How long can a "guest" stay in an apartment for and how many hours until it is considered a tenant?

Ex; a roommates bf staying over every night, parking in the driveway, eating dinner and breakfast. Using the bathroom IE utilities, heat electric TV everyday for months. Should he be considered a tenant and start contributing towards the rent.

Elaine Shay
Elaine Shay
answered on Jan 31, 2022

Someone doesn't become a "tenant" based upon the number of hours they spend at an apartment. A tenant is someone with a contractual relationship with a landlord to pay rent for the occupancy of the apartment. It seems that what you are describing is simply a "house guest"... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: Hello! I recently moved out of an apartment in woodhaven, 1 year prior to the official lease ending.

I received a verbal go ahead from the landlord. I signed my new lease to my new home on December 24th, however today I received a letter from a law office representing my previous landlord stating “you have, without permission of your landlord sublet/ and or assigned your rights of occupancy to... View More

Walter Sage Jennings
Walter Sage Jennings
answered on Jan 28, 2022

Based on what you have described, we do not have enough information to answer this in full. But if you have left some occupant in the apartment who was not paying rent to anyone, you may still be liable for the rent, depending on what the facts. However if the occupant that you left in the... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: Does a landlord in NY State have to serve notice to quit/cure prior to filing petition Holdover Recover Real Property?

Serving a 30 day notice together with rent demand isn't sufficient service to then proceed with a Holdover petition to Recovery Real Property? No notice to Cure or Quit ?

Elaine Shay
Elaine Shay
answered on Jan 27, 2022

A rent demand is served in connection with starting a nonpayment case not a holdover proceeding. Since landlord's that are self represented are held to the same standards as those who retain counsel, avoid being penny wise and pound foolish and hire a local attorney to assist you with your... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: my house was sold at tax auction , the buyers are threatening me with a lockout eviction . what are my rights?
Elaine Shay
Elaine Shay
answered on Jan 25, 2022

If your house was sold at auction, you may still have time to redeem your interest in the property. With respect to occupancy of the property, the purchaser will have to obtain an order permitting you to be evicting and should not resort to self-help.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Do I have to pay my landlord a fee for breaking my lease if other tenants in the home have made it uninhabitable?

Tenants who live in the same home have locked me out of the apartment, made verbal threats, and continually harass me. The home is no longer accessible for me and is threatening my safety.

Elaine Shay
Elaine Shay
answered on Jan 24, 2022

If you have a written lease with your landlord, you remain responsible for your obligations, including rental payments, until the lease expires or is terminated with consent of both landlord and tenant. If you have roommates that you are on the lease with or whom you invited to reside with you,... View More

2 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Can my landlord rise the rent as he wishes because it's "fair marker value" ? I've been here for a year already.

I moved in to my apt. in January of 2021. My lease says $2211 with a concession. My final rental price has changed so many times due to the lack of organization and professionalism from the management company. The original agreement with the manager at the time was never recognized by upper... View More

Elaine Shay
Elaine Shay
answered on Jan 20, 2022

Basically, unless you are in a rent regulated apartment a landlord has the authority to determine the rent and/or any rent increases. The HSTPA of 2019 requires that all landlords provide written notice of rent increases of 5% or more for existing tenants but does not place a cap the allowable... View More

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1 Answer | Asked in Landlord - Tenant for New York on
Q: is there a way to evict a family living in your basement without a lease and it is illegal to have tenants living there

we have a family that we told countless times to leave because we need the basement and they told us that theyre going to leave in a couple of months and they never leave and they are loud and dont respect rules of the house

Elaine Shay
Elaine Shay
answered on Jan 19, 2022

A large percentage of basement apartments are not legally permitted. In order to determine if the basement apartment in your building is permitted, you can start by obtaining a copy of the Certificate of Occupancy.

Regardless of whether the basement apartment is legal, a property owner has...
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2 Answers | Asked in Landlord - Tenant for New York on
Q: I need free legal advice as a renter who had to move due to moms disability who lived with me and I am still paying rent
Walter Sage Jennings
Walter Sage Jennings
answered on Jan 14, 2022

if you have a lease you may have to negotiate with the landlord to end it early depending on the terms of the lease you may be able to sublet the balance of your term it is difficult to give you an answer without having more information

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2 Answers | Asked in Landlord - Tenant for New York on
Q: I need free legal advice as a renter who had to move due to moms disability who lived with me and I am still paying rent
Walter Sage Jennings
Walter Sage Jennings
answered on Jan 14, 2022

if you have a lease you may have to negotiate with the landlord to end it early depending on the terms of the lease you may be able to sublet the balance of your term it is difficult to give you an answer without having more information

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1 Answer | Asked in Contracts, Real Estate Law, Landlord - Tenant and Small Claims for New York on
Q: Are unsigned email agreements legally binding?

House I've been renting 5 years was sold. New owners offered cash for me to move soon (possible but not ideal). If I move and they don't pay, do I have recourse?

Michael David Siegel
Michael David Siegel
answered on Jan 14, 2022

Unsigned email exchanges can be legally binding. It depends if a complete agreement can be divined from them.

3 Answers | Asked in Landlord - Tenant for New York on
Q: I live in NY. A friend of mine has asked that I sign a lease agreement with her as a co-signer. Can I create a separate

contract between my friend and me, essentially saying that if she fails to pay her portion of rent and I am on the hook for the entire rent to the landlord, then my friend promises to indemnify me? Are these types of side contracts legal?

Elaine Shay
Elaine Shay
answered on Jan 7, 2022

Being a tenant does not prevent you from entering into legal contracts with your roommate.

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1 Answer | Asked in Landlord - Tenant for New York on
Q: Can a landlord break a lease with a tenant who is causing unanticipated expenses?

I have a tenant who stayed in the house for 1.5 years and has another 1.5 years on the lease.

The tenant is frequently asking for repairmen to come and fix issues that are borderline negligence (e.g., they said the dishwasher broke and wanted us to install a new one, but our contractor... View More

Walter Sage Jennings
Walter Sage Jennings
answered on Jan 7, 2022

Not unless it is specifically contained in the lease agreement itself. However you may be able to bring a suit for expenses caused by the tenant.

2 Answers | Asked in Real Estate Law, Energy, Oil and Gas and Landlord - Tenant for New York on
Q: I own a Condo (which is on the 3rd floor) and the gas was shut off because of a gas leak

but the gas leak is not in my apartment or in the walls

it might be in the rizer from the ground floor to my apartment but my plumber could not find it

Question

who is responsible to fix that is it the condo owner

or the condo management board

Michael David Siegel
Michael David Siegel
answered on Jan 5, 2022

Condo Management

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1 Answer | Asked in Landlord - Tenant for New York on
Q: I currently live in a building apartment in Queens and I rent an extra room to someone, I need to leave the city soon

i need to leave my apartment and the tenant i rent the room doesn't want to leave. Can i leave that person there and break my lease?. I use my itin number to rent the apartment and I lived there with my senior mom, now we need to leave but the tenant doesn't want to leave.

Elaine Shay
Elaine Shay
answered on Jan 4, 2022

In order to surrender the apartment to the landlord, you must leave the apartment vacant and free of other occupants. If you fail to do so, the landlord can seek to hold you liable for rent and or legal fees that continue to accrue.

Since you are in the role of "landlord" to...
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2 Answers | Asked in Estate Planning, Real Estate Law and Landlord - Tenant for New York on
Q: Is a contract legal binding if both party's sighned it has been notarized?
Toshinori Isoai
Toshinori Isoai
answered on Dec 27, 2021

It depends on what the contract was for, consideration involved, nature of the agreement, roles of the parties, etc.

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1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for New York on
Q: For NYS Real Estate Law 226(c) must the tenant move as requested or can he fight this notice from the landlord?

If 90 days notice applies must the tenant pay all future monthly rents to the landlord?

Toshinori Isoai
Toshinori Isoai
answered on Dec 25, 2021

Yes if the "future monthly rents" referenced here are the rent payable under the existing lease. If your landlord gives you the notice of termination or intent of no renewal in a legally sufficient manner, your current lease will terminate at the end of the lease. There is nothing to fight there.

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