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New York Real Estate Law Questions & Answers
0 Answers | Asked in Real Estate Law for New York on
Q: I need a guest clause for a non-stabilized lease. What is the minimum number of days, overnight guests, consecutive?

I need a guest clause for a non-stabilized lease. What is the minimum number of days, overnight guests, consecutive?

Can you restrict the number of guests staying at one time? This is for a two-bedroom apartment. There is one tenant, one occupant with a child on the lease, and many guests... View More

1 Answer | Asked in Real Estate Law and Legal Malpractice for New York on
Q: Family member signed sales contract in NY for residential property 2 years ago and is deceased. This is in litigation!

Relative is now deceased and the Buyer added a rider to sell co-op. Estate has property. The contract has no end date. Estate being sued for specific performance. Buyer still has not sold co-op and has no sign of funding. Buyer is still negotiating sales price 2 yeas later. Can we file a motion to... View More

Jack Mevorach
Jack Mevorach
answered on Jul 24, 2024

Is the estate represented by counsel?

Jack

0 Answers | Asked in Contracts, Family Law, Real Estate Law and Civil Litigation for New York on
Q: What are my chances of recovering from damage caused by a fraudulent home sale in New York?

The original property disclosure report checked "No" for structural damage. However, the real estate agent said she believed the tenants didn't put the foundation blocks back, and I could jack up the sinking side. I decided to risk it, based on that information, without inspection. I... View More

1 Answer | Asked in Estate Planning and Real Estate Law for New York on
Q: Hi ,I bought a home with my daughter and would like to add my husband name on the deed.

when I was buying my husband credit wasn't good,so I use my daughter's name and credit but it was my money used. I'm sick and would like to protect my husband just in case...

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

You will need to schedule a "mini-closing" where you (or your daughter) will need to deed the property from herself, to herself and your husband, as joint tenants (a technical legal term of ownership). Which particular form of ownership would work best requires a detailed review of your... View More

1 Answer | Asked in Criminal Law, Domestic Violence, Family Law and Real Estate Law for New York on
Q: What rights do I have to remove an unwed domestically violent co-owner from the deed, when he has the mortgage?

I can prove that without my money, he wouldn't have gotten the mortgage.

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2024

The rights the asker has to remove an unwed domestically violent co-owner from her deed is a partition action in Supreme Court. That requires a lawyer's assistance to file all the correct paperwork with the court and proceed through trial if necessary. The domestic violence is irrelevant. The... View More

0 Answers | Asked in Real Estate Law for New York on
Q: My mother died intestate. Her estate goes to her spouse and two biological children. The attorney made the spouse the

administrator. I requested to be co-administrator . I signed the papers and it has been weeks since I heard anything. My moms spouse calls the paralegal. She requests my brother signs a document she mailed to him that tells him nothing. It is to be notarized . It is a waiver giving up his... View More

0 Answers | Asked in Real Estate Law for New York on
Q: Neighbors built 3' tall 12" thk rock wall right on property line & a few inches beyond 1 yr ago as per my recent survey.

This is on the shared property line between the sides (not front or backyard area) of our 2 houses. They did it to increase width of their driveway. I called my town - they say they don't issue driveway permits & that it is a civil matter. I don't know if setback rules apply to the... View More

1 Answer | Asked in Estate Planning, Family Law, Foreclosure and Real Estate Law for New York on
Q: Is there a way to take over my mother's mortgage after she passes so the bank doesn't take it?

Cayuga county NY is the location, I'm an only child so I'm sole heir. I think my mom might have 2 mortgages on the house but I want to find a way to get the house when my mother eventually passes instead of the bank immediately repossessing it.

Jack Mevorach
Jack Mevorach
answered on Jul 10, 2024

Your mother's estate will be responsible for the mortgage or, if title passes to you, you may be able to work something out with the bank.

Jack

2 Answers | Asked in Real Estate Law, Business Law, Municipal Law and Small Claims for New York on
Q: Live next to busy grocery store. His customers keep crashing into my fence. His employees also damaged it by piling snow

This is a very dangerous situation for my family and my property. 3 to 4 times in the past, his customers crashed through or over his guardrail hit my fence, and ended up on my property. He has a poorly

constructed and damaged guard rail only 1 foot from my fence. It is not providing the... View More

Jack Mevorach
Jack Mevorach
answered on Jul 7, 2024

You may need a court order to resolve the situation.

Jack

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1 Answer | Asked in Real Estate Law, Civil Rights, Land Use & Zoning and Small Claims for New York on
Q: My landlord is demandind I remove my bird feeder on my private balcony, is that allowed?

Hello, I have a question regarding a tenant - landlord relationship. My landlord is demanding I remove my bird feeder, however nothing in the lease states I cannot have one. My bird feeder is causing no harm to any other resident, and no rodents or other pests are being attracted as a result of... View More

Tim Akpinar
Tim Akpinar
answered on Jul 18, 2024

A landlord-tenant attorney could advise best, but your question remains open for three weeks. You're doing a kind thing for animals, especially in the winter, when food is scarce. However, your landlord would probably challenge your feeder on the grounds of disease prevention. Check with a L-T... View More

2 Answers | Asked in Real Estate Law for New York on
Q: Can a lawyer with a broker license represent a buyer purchasing a home and also do the real estate closing?

I am purchasing a home and would like my father to be my buyer’s broker and real estate attorney for the closing. Can he be both in Suffolk County, N.Y?

Steven Warren Smollens
Steven Warren Smollens
answered on Jun 23, 2024

You should ask your father. Why would you need a broker if you already settled on the property. You need a lawyer to be certain that the seller complies fully with the new Real Property Disclosure statute especially with the new mandatory flood disclosure.

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1 Answer | Asked in Real Estate Law and Probate for New York on
Q: When home is condemned who secures it?

My sister’s home was condemn she had lived with two other people who did elderly abuse on her. They were supposed to have taking care of her but they did not. The house went to hell. My sister died from them not giving her medicines. I live an hour away, was not able to get to the mountains due... View More

James L. Arrasmith
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answered on Jun 26, 2024

I'm sorry to hear about your sister's situation and the difficult circumstances you're facing. To address your question about securing a condemned home:

1. Generally, the property owner is responsible for securing a condemned property. In this case, that would likely be your...
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1 Answer | Asked in Real Estate Law for New York on
Q: Do I have an easement by necessity granting me access to my landlocked property?

The county road used to access my lakefront home doesn’t reach my property line; it ends about halfway through my neighbor’s property, at which point it turns into a private driveway that extends to my property.

The man who built my house over 100 years ago also owned the neighboring... View More

Jack Mevorach
Jack Mevorach
answered on Jun 21, 2024

Q: Do I have an easement by necessity granting me access to my landlocked property?

A. You may have.

Jack

1 Answer | Asked in Real Estate Law for New York on
Q: How to lookup property owner information by name/social in Puerto Rico free- Inherited a house but can’t find deed

The address was not included in the will

Steven Warren Smollens
Steven Warren Smollens
answered on Jun 20, 2024

You are not going to like this but there is no simple free service to do so. https://protitleusa.com/PuertoRico#:~:text=In%20PR%2C%20only%20a%20notary,anywhere%20from%20%2425.00%20to%20%2450.00.

The address should be on property tax invoices, utility accounts, drivers license and so on.

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
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.

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