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New York Real Estate Law Questions & Answers
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

3 Answers | Asked in Real Estate Law for New York on
Q: What are my options as POA to a parent to force the sale of a co-owned house without cooperation of the other party?

I am power of attorney for my parent. My elderly parent co-owns a house with a sibling. I am concerned that this property will be soon going into foreclosure as my sibling has not made a mortgage payment for many months and in fact my parent had made most payments prior to this year but has stopped... View More

Elaine Shay
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Elaine Shay
answered on May 15, 2024

When a co-owner refuses to cooperate in the sale of real property located in New York, a partition action may be commenced to compel the sale of the property at auction. In most cases, the parties reach a settlement regarding the sale before an auction is actually required.

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1 Answer | Asked in Real Estate Law for New York on
Q: Is there any law prohibiting electronic payment of rent by Rent Stabilized tenants?

My landlord refuses to allow me to use their ClickPay system to make my Rent Stabilized payments although this method is used by their Market Rate tenants. I was told by their representative that they were prohibited from allowing this by law. I found that they are not allowed to REQUIRE tenants... View More

Tim Akpinar
Tim Akpinar
answered on May 14, 2024

A landlord-tenant attorney would have insight into this, but your question remains open for a week. Some questions do go unanswered, but you could try reposting under "Landlord-Tenant" for better chances of a L-T attorney picking up your question. Good luck

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New York on
Q: Sept 2022 I inherited my parents 1st home located in Burgh. April 17th the property surveyed and marked the 17th the

neighbors had thrown a rug over the marker by the 26th they had removed the survey markers and put up landcaping blocks. (neighbor is a landscaper) These people have harrassed my parents when they were alive and now harrassing me. I contacted both the Troy Police and survey co. Law 2005 chapter 730... View More

James L. Arrasmith
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answered on May 1, 2024

I'm sorry to hear about the ongoing harassment and property issues you're facing with your neighbors. It sounds like a very stressful and frustrating situation, especially given the history with your parents. Here are a few thoughts and suggestions on how to proceed:

1. Document...
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1 Answer | Asked in Real Estate Law for New York on
Q: I bought out the co-owner of my house. He had a lien on the house from American Express. I want to pay it off.

I wrote to the address on the court order and to their attorneys. Neither one replied. What else can I do?

Michael David Siegel
Michael David Siegel
answered on Apr 13, 2024

Make a motion to vacate the judgment. That will get their attention.

2 Answers | Asked in Real Estate Law and Estate Planning for New York on
Q: My late father did not include me in his life estate. My mom is the life tenant and my brother is the remainderman.

My brother recently passed away, now it's just me and my mom. Is there any way for me to be added to the life estate?

Carl Nelson
Carl Nelson
answered on Apr 8, 2024

You may share in whatever interest your mother has if she conveys it (all or a share) to you, but she cannot convey more than she has; so her life tenancy would not extend beyond her lifetime. Upon her death your brother’s heirs or those named in his will if he had one (whether that includes you... View More

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for New York on
Q: My stepbrother and I are Executors of our parents estate. I am to get the house which is paid for & 25% of money.

My stepbrother is to get 50 percent of the money, Here’s the issue:

My stepdad owed taxes on property that was sold in 2017. My attorney told me that since the house was bequeathed to me, that I am responsible for the taxes, unless the other executor agrees to help pay.

He said... View More

Benjamin Z. Katz
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answered on Apr 5, 2024

When someone leaves a Will, the Executor must follow the instructions contained within. Normally debts are paid from the estate before distributions are made. I am confused about your statement that the house was sold in 2017 and property taxes are still due.

2 Answers | Asked in Foreclosure and Real Estate Law for New York on
Q: My home is in foreclosure process, but title has not been given over to the lender by the court. Am I able to sell.

I may need to sell for less than what the bank has as payoff amount.

Michael David Siegel
Michael David Siegel
answered on Apr 2, 2024

What you want to do is a short sale. The bank needs to approve it. Likely not worth your time or money.

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1 Answer | Asked in Contracts, Real Estate Law, Civil Litigation and Elder Law for New York on
Q: Homeowner, a 20 yr mortgage, What is the legal strategy to confront Defendants' Note of Issue when my disc not complete

The Mortgage was sold and the new bank quickly changed the existing servicing plan, made payments to the city finance department on my behalf, aggressively sought to recover their disbursements by creating an escrow account and escalated my monthly mortgage pmt to more than five multiple of it has... View More

Jack Mevorach
Jack Mevorach
answered on Mar 31, 2024

Are you alleging that you are fully performing according to the terms of Promissory Note and Mortgage?

Jack

2 Answers | Asked in Estate Planning and Real Estate Law for New York on
Q: My dad’s name was taken off the deed years ago. Is he still entitled to inherit if my Mom died years later w out a will

She asked him to take his name off the deed which she did in 1994. She passed in 2019. He was always responsible for the mortgage payments. This is in NY

Elaine Shay
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Elaine Shay
answered on Mar 22, 2024

A surviving spouse is entitled to inherit. The information provided by the NYS Unified Court System at this link should be helpful to you: https://www.nycourts.gov/courthelp/whensomeonedies/intestacy.shtml

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2 Answers | Asked in Contracts and Real Estate Law for New York on
Q: How do I get the seller to see there’s no post possession in our contract? I think his lawyer is giving him bad advice.

We closed last Friday, and bc the money came to him today he thinks he has 7 days from today because his lawyer keeps repeating it. Can he bar us entry? Can we demand keys? Make him leave sooner? Looking for options

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 5, 2024

Did you really leave a closing without keys/possession and without a formal post-closing possession agreement?

What money did he receive today? I hope you're not talking about an escrow to ensure his performance.

I know you think HIS lawyer is giving him bad advice, but what does YOUR lawyer say?

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1 Answer | Asked in Real Estate Law for New York on
Q: How do I know if I qualify in a class action lawsuit?

I've heard that there's a class action lawsuit against some real estate businesses for artificially increasing their commissions. I bought a house in 2021. It went on the market for $230K and I agreed to pay that since it was a house I really wanted. A few days later, my agent phoned and... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Mar 4, 2024

It seems your lawyer did not negotiate very well. One could say that as long as the Seller believed you would pay more than 230,000, they returned to your broker with the nonsense that someone made a better offer. They could have taken the better offer. For all you know, you were bidding against... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Landlord - Tenant for New York on
Q: Mother died 20 yrs ago no will all children but 1 deceased but the in hospice. Condo board brought Public Administrator

In to take over granted 6 months. Can a family member get power of attorney to get condo back in Surrogate court for the child so nephews don't get evicted.

Steven Warren Smollens
Steven Warren Smollens
answered on Mar 4, 2024

Without a will, all the children living when their mother passed away became the heirs of the real property. Any one of the adult children had the power to become the legal administrator of their mother's estate and transfer the deed from the decedent's estate to each sibling, as well as... View More

2 Answers | Asked in Real Estate Law for New York on
Q: what deed form do I file in the state of NY?

My father passed away November of 2023 in the State of New York, Cayuga County. He left no will. He owned a small parcel of land. I am the only next of kin. I went to court and obtained the letters of administration and went to the clerks office. They told me that I had to file a deed form but... View More

Michael David Siegel
Michael David Siegel
answered on Feb 21, 2024

There is a form of Administrator's Deed. That is what you need.

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1 Answer | Asked in Real Estate Law for New York on
Q: change a deed in NY
Anthony M. Avery
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answered on Feb 21, 2024

Call a NY attorney in the County of the property to draft that Deed.

1 Answer | Asked in Real Estate Law for New York on
Q: What are my options if I am paying mortgage on rental property but husband is keeping rental income from me in divorce?

I am going through divorce and my ex and I own a home that is being rented for rental income in NY state. I pay the mortgage but he has collected all the income from the house and refused to give it to me. The lease is only signed with his name. The house deed is in both of our names but the... View More

Michael David Siegel
Michael David Siegel
answered on Feb 19, 2024

The matter will be governed by your divorce decree. It should have specified who gets the income and who has to pay.

3 Answers | Asked in Divorce and Real Estate Law for New York on
Q: I am getting divorced. My wife and I purchased a home. However I am the only party on the mortgage. We are both on the

Deed.. She does not have the ability to buy me out or attain her own financing for the mortgage. We have a 4 year old child. Can I assume that the only course of action for the court is to force the sale of the home being that my wife wishes to keep the home? I do not wish to carry the debt for a... View More

Howard E. Knispel
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Howard E. Knispel
answered on Feb 11, 2024

The court wll likely force a sale of the property. You should speak to an attorney to get more specific advice on your particular case.

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3 Answers | Asked in Real Estate Law for New York on
Q: I have a purchase agreement now owner wants me to sign a rental agreement I plan to sue for breach of contract

By signing rental agreement will this hurt my court case for breach of contract

Peter Klose
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answered on Feb 8, 2024

Your question is not detailed enough to make a decision and give legal advice. The real estate purchase agreement may have provisions which address this. There are pro's and con's of your course of action. You should consult with a local real estate attorney/litigator because you may... View More

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3 Answers | Asked in Real Estate Law for New York on
Q: Two borrowers (not married) on a Joint Mortgage - one moves out, other stays

Two borrowers on a Joint Mortgage (since 2016) - one borrower moves out over a year ago, other borrower stays in the house with their own kids. The borrower that moved out is now telling the borrower who still lives in the property, that they want to either get "paid their portion of the... View More

Carl Nelson
Carl Nelson
answered on Feb 6, 2024

You've only used the term"borrower," which is distinct from any ownership interest in property, but because you refer to being on a mortgage, I would assume you both have an ownership interest. In that respect, it is possible for one co-owner of a piece of property to seek to... View More

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1 Answer | Asked in Real Estate Law for New York on
Q: how do i get out of a lease
Steven Warren Smollens
Steven Warren Smollens
answered on Feb 5, 2024

Dear Manhattan Tenant

There is no perfect solution for breaking a lease. You provide no information. Residential or commercial? Long term rental or short [less than one year]? Security deposit or none?

Do you have a reason [cause] or not?

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