Get free answers to your Landlord - Tenant legal questions from lawyers in your area.
answered on Oct 11, 2023
We can't make attorney recommendations or referrals here. The format is limited to question and answer. Without knowing the details of your matters (the Supreme Court one and the L-T one), one option could be to supplement your searches with the "Find a Lawyer" tab or the attorney... View More 
Judge, Court Clerk and Attorneys/Landlords NYS
answered on Oct 11, 2023
You can try reporting the matter to the Office of the Attorney General, https://ag.ny.gov/i-want/use-whistleblower-portal Keep in mind that if your complaint arises out of litigation or a proceeding to which you are a party, it's unlikely that the AG's office will take any action.
I am being evicted from a owner that claims he owns the property that i reside in, i have a lease dated till 2025 and this new owner claims that i am a squatter. i have lived here since 2019. i need help answering the notice. i have proof from living here since 2019 and i have a copy of the title... View More
answered on Oct 15, 2023
Dear Uniondale Tenant:
A legal lease is an absolute defense to a landlord claiming entitlement to an eviction unless the landlord initiated the eviction lawsuit based on a claim the tenant violated a condition of the lease and did not cure the claimed breach within the period to do so. You... View More
Another party and I drafted a simple sublease agreement for commercial office space. We reviewed all terms and made adjustments. We signed the document and the other party is now wanting to amend terms after sharing it with their attorney. Am I obligated?
answered on Oct 3, 2023
Since the sublease is signed by you and the tenant, that is a done deal. How you deal with the new demand is a business decision. Happy subtenant or unhappy subtenant? A subtenant who walks away? Your subtenant has an attorney. You should as well.
As caretaker for over twenty years living in in a NYC home in reverse mortgage, my client died recently. Because the three siblings stopped access to detailed information from the doctor's during my former client's dying days, I refuse to cooperate with them. Can they forcefully access... View More
For example they get evicted in March. The company that controls the mortgage evicts them, cleans up and refurbishes the house for sale. Is it possible for the person who was evicted to make an offer several months later to repurchase the house? Would they have to pay the mortgage payments they... View More
answered on Sep 27, 2023
It is possible--once the bank owns the property they would list it for sale and would have the ability to accept/reject offers on the market.
They’ve been performing a slow illegal eviction. They gave me until November 15th to move out and now I was just served. I have to be in court on October 13th for an eviction hearing. I’ve been trying to find an apartment but I wasn’t given adequate time and they shut off wifi service... View More
answered on Oct 15, 2023
Shutting off the utility services is a crime in New York State, and the landlord would have been arrested if you called the police. An unlawful eviction should also cause the court to stop the landlord from prosecuting a legitimate eviction case.
The Court eventually will allow an eviction... View More
Friend had apt & sublet to family member. Family moved out after breakup & their ex-partner living in apt. Lease renewal was forged by family member and ex-partner was aware and currently living in said apartment.
answered on Oct 15, 2023
There is no legal right anywhere at any time to forge a lease with another's name.
answered on Oct 15, 2023
https://ww2.nycourts.gov/COURTS/8jd/ltnonpay.shtml
Generally, legal notices for an eviction are written, prepared by an attorney, and are served by a process server (never by the landlord).
Nonpayment cases require a certified mail letter, a 14-day (written) Demand to Pay Rent, and... View More
I am renting in Brooklyn in a long-term Airbnb. I pay the leaseholder directly. I told her I was moving, but paid for 5 days for the following month because I plan to move on the 1st or 2nd. We don't have a written agreement, but she said that I have to move on the 30th. I said that's... View More
answered on Sep 20, 2023
Dear Brooklyn Tenant:
It is hard to say which side is right because you and the tenant acted outside the law as presently consituted. A long-term Airbnb is indistiguishable from a sublease since Airbnb is ordinarily a short-term rental (that is under thirty days) and, in most instances is... View More
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answered on Sep 19, 2023
In New York, state law mandates that a landlord must return a security deposit within 14 days after the tenant has vacated the property. Even if a lease agreement states a different duration, such as 60 days, provisions that attempt to waive or diminish a tenant's rights under the law are... View More
I was the live in caregiver of an 84 year old whose home is currently in Reverse mortgage. The issue is the out of state siblings of the caregiver intend to seek to obtain Letters of Administration. I think should be the Administrator. Also, are there options for me to remain in the home for an... View More
answered on Sep 13, 2023
Dear Queens Caregiver:
Why not apply to Queens County Surrogate Court to be the Administrator? If you prevail, you will have a tough job hunting down unknown heirs of the deceased homeowner. You get to live rent-free until a party with a superior right to possession succeeds in an eviction... View More
I am renting a room in a house with multiple other roommates. The house I am renting, I live with my landlord. In my lease I can only have 1 guest at a time for 2 hours with a limitation of 6 times per month. Another rule is that I can only have 1 guest at a time spend the night with a limitation... View More
answered on Sep 11, 2023
Dear Queens Tenant
Do you mean multiple other Roommates share your room or the landlord rents other rooms in the house?
If so, your landord is engaged in the prohibited business of maintaining an illegal Single Room Occupancy dwelling within a one family house.
If that is... View More
I request from tenant a month ago to change meter to her name but she did not, May I tell the electric company to stop service for this meter since it is still in my name?
answered on Sep 14, 2023
No, you cannot. It would be best for landlord-tenant attorneys to answer your question, but your post remains open for a week. You could repost and add "Landlord-Tenant" as a category. The question was probably overlooked in the Real Estate category. Good luck
answered on Sep 7, 2023
Dear Brooklyn Tenant:
Why not, as long as the Zelle payment is equal to the rent due when you paid? Zelle is evidence of direct payment. Why did your landlord deny this?
Me this woman’s # she never said she was a broker.I found the apartment myself & someone else from the Managment company showed me the apartment. I was told I had to pay a $25 application fee ,And if I wanted the apartment I had to send a check in her name to hold the apartment & she... View More
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answered on Sep 7, 2023
It depends on whether it was an application fee or a brokerage commission. Landlords and its managing agents are able to charge application fees. However, they can not charge you a brokerage commission unless it is disclosed, you agree in writing to pay such brokerage commission, and the broker was... View More
answered on Sep 6, 2023
Generally, landlord's are not required to provide any advance notice to tenants that a property is being sold. Instead the purchaser simply steps into the shoes of the seller in relationship to the tenants after the closing. If the owner is seeking to have non-rent regulated tenants move in... View More
answered on Sep 5, 2023
Dear Queens Property Owner:
There are many forms of commercial leases available for use by property owners who choose to avoid using a lawyer (and that is never recommended). Some notions in law may stand in the way of a lease forfeiture without a right to cure in the event of a declared... View More
I’m considering buying a property. On this property is a mobile/manufactured home in disrepair. The water lines are in danger of freezing, the oil heat is questionable, the slab is undermined and I’m not allowed to inspect. According to the real estate agent the tenant will be out 60 days after... View More
answered on Sep 5, 2023
First, hire an attorney. You do not want to enter into a contract to purchase the property with an existing tenant. Your contract must guarantee free and clear possession and without any tenancies and occupants. There is no such thing as relying on the real estate broker's statement the tenant... View More
answered on Aug 30, 2023
Dear Manhattan Landlord
Possibly because you did not make the offer of a new lease as required by Real Property Law Section 226-C. Depending upon the total time of the tenancy, you would need to provide 30, 60 or 90 days advance written notification to sign a new lease. In NYC this... View More
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