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I currently live in Boston, I didn’t even look at the apartment until 4 February. I just got my lease after asking for it for three straight days and they’re charging me from the first. Is this legal?
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answered on Feb 7, 2024
In New York City, a landlord can technically charge rent from the 1st of February if that's what your lease agreement stipulates, regardless of your move-in date being the 15th of February. However, lease terms, including the start date of your tenancy and when rent is due, should be clearly... View More 
I let my friend stay in my apt for 8 months while out of town, now I'm back and she won't leave, she moved her stuff in. There is no lease with her, I'm the only one on the apt lease and I refuse to be homeless. When I move back in, we'll just have to deal with housing court... View More
answered on Feb 7, 2024
I gather that this apartment is your primary residence, you have a current lease, you pay the landlord rent for the apartment, your landord did not charge you for a lease violation [sublease or assign without permission], the apartment has space for two unrelated adults to have private sleep and... View More
My ex girlfriend is refusing to leave the home I own. She moved in with me when I bought the home but is not on the deed of my home. There is no lease agreement and I asked her to leave in October of 2022. I have filed the 10 day three times then a 30 day and she never responded but when I went to... View More
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answered on Feb 6, 2024
In New York, removing an ex-girlfriend from a home you own, where she has been living without a formal lease agreement, can be complicated, especially when she refuses to leave voluntarily. Given that she has resided in the home for over a year, she is likely considered a "tenant at will"... View More
We don't want to go month-to-month on our current lease, as it increases our rent by about $500 per month. If we re-sign our lease, but a unit becomes available in the senior housing complex, can we break our existing lease without penalty?
answered on Feb 5, 2024
Dear Rochester Tenant
How is it possible that the rent will increase $500/month? New York State law says that when a tenancy goes month to month the rent remains exactly the same as the rent paid before the lease ran out.
Moreover in New York the landlord must propose a new lease... View More
My 2 previous tenants together are demanding 11.500$ for overcharge, security deposit, and punitive damages. They broke the roommate agreement and breached the contract of their stay, moving out prematurely. They’re claiming my property is rent stabilized - when in fact is not. They’re... View More
answered on Jan 29, 2024
You probably should share your former tenants lawyer's letter with an attorney along with the lease agreement with those tenants and the rent ledger. Often an attorney could quickly determine whether or not there is potential jeopardy.
It is called the Winter Moratorium Eviction Act of 2023. Just want to confirm if that went into effect last December.
answered on Feb 20, 2024
No. The Bill is stuck in an assigned committee. It has not been passed and it is not law.
https://www.nysenate.gov/legislation/bills/2023/S1403/amendment/A#:~:text=2023%2DS1403%20%2D%20Summary,properties%20during%20the%20winter%20months.
There is no option in my one-year lease that allows Winn to raise my rent during the lease term. Is this legal?
answered on Feb 20, 2024
Dear Albany Veteran:
No legal process exists for any landlord to charge a tenant an increase in rent during a lease term. That should be so for you as well.
https://www.hud.gov/program_offices/public_indian_housing/programs/hcv/vash
My old landlord did a final walkthrough and collected my keys on 11/30/23 and is now claiming I am still responsible for rent for December and January per an addendum in my lease. If they collected my keys and I no longer have access to the unit, and they listed it as available online shortly... View More
answered on Feb 20, 2024
Dear Pen Yan Tenant:
Likely, the turnover of the keys ended the lease obligations. Did your landlord return the tenant security deposit to you within fourteen days of the turnover of the keys? If not, and if the landlord did not provide you a written itemization of legal deductions in the... View More
if we are still in court proceedings for past non payment? I live in nyc. And it’s also a rent stabilized building.
answered on Feb 20, 2024
You must also be a Rent Stabilized tenant. A NYC landlord to a Rent Stabilized tenant is barred by law from refusing to renew a lease even when the tenant owes rent and even if the landlord has a nonpayment eviction case in Housing Court.
My partner and I recently separated and they left behind a few relatively expensive things, such as snow tires, a plow for their truck, and some furniture. My landlord keeps mentioning putting the items up for sale but neither myself or my landlord have a way of contacting the ex anymore as they... View More
answered on Feb 20, 2024
No. No New York law allows a landlord to sell a former tenant's left-behind personal property.
And said they’d quiet down. Didn’t happen. The next time I went to them they said they’d soundproof ceiling. Nothing. I have so much video of the noise from upstairs. I’m startled daily out of my sleep from them dropping things on the floor. I also used a decibel reader, and when they drop... View More
answered on Jan 17, 2024
I would say that you would have a case for harassment and constructive eviction, amoung other possible claims. You seem to have the ability to measure and record the ambient sound from their apartment to record the chronic noncompliance. You should consult with a landlord tenant attorney. Good luck.
My husband and I have fallen back severely on the rent, due to personal health issues we have ended up owing close to 20,000 in rent with multiple months unpaid for. Today was the court date and there was a stipulation agreement put into place where he would have to pay all the months of rent... View More
answered on Jan 17, 2024
Every unit of the Housing Court has an office that will connect a tenant with the rental assistance program of Human Resources Administration. And every tenant is also entitled to a free no strings attached postponement of the initial Court Hearing date as well as a referral to a court assigned... View More
Neighbors think I go out too much.
answered on Jan 15, 2024
Dear Brooklyn Tenant:
The NY State Legislature, the New York City Council, and your lease do not control how often a tenant uses the apartment door to enter or leave the apartment or the time of day. Slamming a door on the way in or out is annoying to neighbors, but there is also no law for that.
This year the lease is being revised and i was told i will no longer have access to the backyard. I have a greenhouse in the backyard and have always used the backyard. being its a two family house what are my right as to the use of the backyard? i have always had the use of it and part of the... View More
answered on Jan 14, 2024
Dear Huntington Tenant:
There may be several reasons the landlord decided to recover the use of the backyard and the basement. Perhaps the landlord wants exclusive use of the basement. Perhaps the landlord wants to use the greenhouse. Perhaps the greenhouse was an unlawful alteration to... View More
As the phase out period had begun in Sep of 2021. The notice stated that no back charges will be billed but that this surcharge will be required every month. When I get the rental bill, I noticed that the surcharge was actually 6.6% and when I questioned this with the management I was told that... View More
answered on Jan 14, 2024
Dear Queens Tenant:
As a practical matter, responding attorneys are not your lawyers and are not providing legal advice. You cannot be the only tenant impacted by the retroactive collection of the 2.2% surcharge. You may gather your neighbors and seek an in-person consultation at the local... View More
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answered on Jan 12, 2024
In New York, if a landlord failed to collect the 421a Surcharge at the beginning of the phase-out period, there may be limitations on retroactively imposing it. The 421a Surcharge is associated with the 421a tax abatement program, and its collection is subject to specific rules and timelines.... View More
I was served subpoena at night by a woman who l knew years ago. I know the landlord of her building and she and the landlord have been in court on and off for years. I do not reside in their building. I did by email send the resident when l saw her looking distressed in street a few months... View More
answered on Jan 11, 2024
Dear New York witness
You could comply with the subpoena and attend court as commanded by the subpoena. You could seek an order to show cause to quash the subpoena.
Landlord in Brooklyn NY. Asked long term tenant that is on a month to month to surrender property. Gave her the 90 days and officially served her with a service processor. Date to vacate was December 31st. She did not move and said she does not have the funds. So we agreed on March 31st but... View More
answered on Jan 10, 2024
Dear Brooklyn Landlord:
Acceptance of rent after the end date of the tenancy creates a new month-to-month tenancy and would require a new Section 226-C written notification served by a process server.
In Kings County Housing Court, a surrender agreement is not likely to be a good... View More
Trying to take me to court to evict me. what are my rights
answered on Jan 9, 2024
Since you have a lease (written lease) in effect from your prior landlord, then the new landlord may find it difficult to evict you from the premises. The new landlord will have to show that you are not paying rent, you are causing a nuisance, you are breaching the lease or the owner wants to use... View More
answered on Jan 10, 2024
Dear Albany Tenant:
An eviction without a court lawsuit, a judgment from a court, and a warrant of eviction is illegal in New York State and is a crime. You could have called the police right away. Now, you have only a lawsuit for an illegal eviction and will need a lawyer. You could still... View More
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