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New York Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for New York on
Q: We just rented a home in Oswego, NY. It has been verified to have mold in the basement by a 3rd party lab. What do we do

The roof has been leaking and the roofer has been out. It is still leaking. The wall in the kitchen has soft spots on it and is leaking onto our stove. A mold inspector came out and verified there is a lot of mold in the basement needing remediation. There is probably mold throughout the house as... View More

Aubrey Claudius Galloway
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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....
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1 Answer | Asked in Landlord - Tenant for New York on
Q: Can a landlord increase rent without written notice even if the lease is oral monthly

Lease expired after first year of living in building. I've lived there for 3 years as an oral month to month agreement. The landlord claims because of the water bill the rent is increasing. They're responsible for water on the prior lease and the notice was over text not written.

Aubrey Claudius Galloway
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answered on Aug 10, 2024

In your case, the landlord needs to provide 90 days written notice before increasing the rent in the month-to-month tenancy, you are living under. Here are some of the rules and laws relevant to your situation along with analysis and citations to statutes etc.

In New York State, landlords...
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2 Answers | Asked in Landlord - Tenant for New York on
Q: I'm a general manager at a restaurant that I opened back in now 2023 we have been having issues with the Landlord

About a faulty pipe issue for 3 months now it has gotten so bad when I was called into the store there was sewage water everywhere ceiling paint falling down with water they kept telling me they will fix it and it only got more worse. I went in to clean up water and to take photos and I slipped on... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jul 23, 2024

It all depends on the exact terms of your lease. With commercial leases, the legal responsibility and liability for the premises is allocated by the terms of your lease. You may or may not be able to sue your landlord for personal injury and/or damage to the property, depending on if the lease... View More

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1 Answer | Asked in Landlord - Tenant for New York on
Q: Landlord is asking us to pay half of rent

My roommates and I signed a lease for an apartment in Brooklyn. According to the lease, the agreement commenced on July 15, 2024, and our lease terminates on July 31, 2025. My roommates and I have already paid the security deposit and for first month's rent, which is roughly around ~$3,700... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jul 23, 2024

From a legal perspective, the amount you may or may not owe hinges on an interpretation of the lease terms, as well as background decisional law and statutes. From a strategic perspective, you will want to evaluate your goals to ensure that the likely reaction from your dispute aligns with those... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Landlord - Tenant for New York on
Q: Do I have a civil case against Albany housing authority if they served me improperly showed up to court 10 min late

Summary judgement was given to Albany housing authority after they inflated my rent from $50 to $960 retaliation, breach of warrant of habitability, tenant and fair housing rights and disability rights violated and illegal lockout resulting in my homelessness and loss of all my belongings in which... View More

James L. Arrasmith
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answered on Jul 27, 2024

Based on your description, it sounds like you may have grounds for a civil case against the Albany Housing Authority. Improper service, showing up late to court, and inflated rent could be significant issues. If the rent increase was retaliatory, and there were violations of habitability, tenant,... View More

2 Answers | Asked in Landlord - Tenant for New York on
Q: Signed a one year lease as a start to rent2buy situation. Landlord now won't let me move on or give back my deposit

Gave first year rent as down payment. Now wants 50k and when refused won't let me move in or give back down payment till he sells the house.

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jul 8, 2024

You may have a case against this landlord for fraud and/or unjust enrichment. You will need a detailed analysis of the agreements you signed as well as your communications with landlord to evaluate your legal rights.

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1 Answer | Asked in Landlord - Tenant for New York on
Q: If my rent was cashed month of lease termination June 10 2024 and rent accepted july 1 July 25 holdover is it dismis

Rent cashed by property management July 1

Saw my case 1st day July 25

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jul 8, 2024

If the landlord accepted a rent check after serving you a notice of termination, the case probably must be dismissed. However I cannot determine what is actually going on without reviewing the documents in your case. You also can be defeated through procedural defects in your motion to dismiss. Be... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: If rent was accepted month of lease termination June 10 and rent excepted Before holdover court date July 1st court

Court date came July 3 can case be dismissed

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jul 11, 2024

If the landlord accepted rent after serving a notice of termination or commencing a holdover petition, the case should be dismissed.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Landlord leased my apartment to new tenants before my lease was up.

I paid rent at my former apartment for the full month of June. I moved in to my new apartment on June 15th. The broker who was showing my former apartment knew I was going to be moving before my lease was up. He told the new tenants they could move in early (June 24th). He sent me a text saying... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jul 11, 2024

If the landlord has kept the rent for a period where the apartment was leased to another tenant, you have a legal basis to demand those funds be returned under Real Property Law Section 227-e.

1 Answer | Asked in Landlord - Tenant for New York on
Q: How do I file a complain about Landlord refusing to return deposit

And I need that deposit to buy a plane ticket back to my home country to see doctor, I can’t afford health insurance here yet

Aubrey Claudius Galloway
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answered on Jun 28, 2024

In New York, tenants have several options for filing complaints against landlords outside of court actions:

1. New York State Division of Housing and Community Renewal (DHCR): If the landlord is violating rent stabilization or rent control laws, tenants can file a complaint with DHCR....
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1 Answer | Asked in Landlord - Tenant for New York on
Q: Our current landlord has sent us notice to vacate premises in 30 days. We are a month to month tenant.

We have lived in this place since October 2022. Landlord said he needed it for other reasons. I thought 60 days was the legal notice amount. Also can we legally ask landlord to help with moving costs i.e. brokers fee, 1st month rent or security especially if we only have 30 days which is short... View More

Aubrey Claudius Galloway
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answered on Jun 26, 2024

Don’t pay your last months rent and let the landlord take your security deposit in Lou of it.

1 Answer | Asked in Landlord - Tenant and Small Claims for New York on
Q: Can we get security deposit back?

My brother recently passed away 2 months into a lease at a new apartment. He was paid until the end of the month and we will have him cleared out by then. He didn’t have life insurance so getting his security deposit back would be a huge help. Is that a possibility?

Aubrey Claudius Galloway
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answered on Jun 28, 2024

Absolutely. I would file a claim in small claims court. Unless you say “by the court” when your case is called it will be decided by an arbitrator where the rules of evidence are relaxed and the standard is, unofficial, “in the interests of justice”…. so equitable arguments are often... View More

1 Answer | Asked in Health Care Law and Landlord - Tenant for New York on
Q: Can a landlord work with the broker to chase me from the property ? bc of a disability?

I'm displaced and spent over 8000.00 in hotels, still get harassed, they want me out by tomorrow.....

James L. Arrasmith
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answered on Jun 22, 2024

This situation sounds very concerning and potentially illegal. Landlords and brokers are not allowed to discriminate against tenants based on disability. This is protected under fair housing laws in many countries, including the United States.

Some key points:

1. Discrimination...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: Tenants sublease ends. Can i change the locks and have items removed, if not already, without legal trouble?

The apartment is originally in my name and am just subleasing. Can I change the locks without it violating or becoming a squatters right issue?

James L. Arrasmith
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answered on Jun 10, 2024

When your sublease tenant's term ends, you might want to change the locks and remove their belongings, but you need to proceed carefully to avoid legal trouble. Even though the apartment is originally in your name, subleasing creates certain tenant rights for the sublessee.

Before...
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1 Answer | Asked in Family Law, Child Custody and Landlord - Tenant for New York on
Q: My ex gf who i share a 10year old with wont leave my house for over a year n just damages home. How can i get her out?

Alls she does is drink12-14 beers a day, vandalized and damages my home. Leave child alone when i was at work alone to go drink with her new boyfriend. I have all on camera. How can i evict her asap without selling my house

David P. Badanes
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David P. Badanes
answered on Jun 15, 2024

If the child is being left alone, that is the first thing you might want to address. Some 10 year olds are mature enough to stay by themselves, but, I don't think many Judges would approve of that.

Next thing to do is consult with a Landlord-Tenant attorney. If the house is yours,...
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1 Answer | Asked in Contracts, Government Contracts and Landlord - Tenant for New York on
Q: hi i have a concilation agreement contract with hud for discrimination for my sevice animal will any one look at it?

they are willng to pay but they want me to sign a w9 and 1099 tax form

Tim Akpinar
Tim Akpinar
answered on May 31, 2024

Attorneys on this forum can't take up your offer to review your contract. The format here is limited to Q & A. It isn't set up for attachments or confidential review of documents. That's probably why the question wasn't picked up. You could reach out to attorneys through the... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: I need to assign my lease; my request was denied and I'm not sure if it qualifies as "unreasonable" per tenant rights.

I submitted a request to assign my lease (one-year lease ending on August 31st). My reason for request is that I have to leave the state for a job, and cannot continue living in the apartment and paying rent for the remaining months. I have not had any issues paying rent in a timely manner (or any... View More

Jack Mevorach
Jack Mevorach
answered on May 28, 2024

This issue usually presents itself in the context of a rent stabilized tenancy. It appears that your first choice is to temporarily sublet and then, if that's not possible, terminate early. Am I correct?

Jack

1 Answer | Asked in Landlord - Tenant for New York on
Q: I am residing in a rent stabilized apartment which my LL never disclosed to me, can she evict me?

Her relative reached out to me after I confronted her and advised they inter to move in and what to buy me out. Is this legal and what can I do?

Elaine Shay
Elaine Shay
answered on May 21, 2024

In NYC Rent Stabilized tenants have many rights and are generally entitled to the offer of a renewal lease. However, there are certain circumstances where Rent Stabilized tenants may still be evicted, including nonpayment of rent. In addition a landlord may refuse to renew a Rent Stabilized... View More

2 Answers | Asked in Landlord - Tenant for New York on
Q: One of the roomate have not pay the rent . Landloard took us to the court

I entered into a lease agreement with two other roommates for a term of one year until March 1. Unfortunately, one of them has been refusing to pay rent for some time. As a result, the landlord has taken all of us to court since all our names are on the lease. The roommate who consistently paid... View More

Elaine Shay
Elaine Shay
answered on May 20, 2024

Generally, tenants are jointly and severally liable for rent payments until the vacant apartment is surrendered to the landlord. In plain language this means that whatever agreement roommates may have between themselves regarding how the rent will be share the landlord can look to any of the... View More

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1 Answer | Asked in Landlord - Tenant for New York on
Q: How can I stop relocation charges from HPD when I fixed my violations? I am being charged for tenants living at shelter.

Hello, I need some assistants as landlord who have been facing relocation charges from HPD for almost about a year now. I need help as a way out of this. HPD has been uncooperative and unwilling to help. I got a violation last year in February from DOB, a vacate order. Which has been fixed and... View More

Steven Warren Smollens
Steven Warren Smollens
answered on May 19, 2024

Dear Brooklyn Property Owner:

Several possible city departments are entitled to demand payment of expenses and fines when an agency issues a vacate order and a tenant is displaced from an illegal dwelling.

See for example:...
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