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answered on Mar 16, 2025

I’m very sorry to hear about this terrifying and dangerous situation. You have every right to seek legal accountability for what happened, especially given the serious failures by both law enforcement and your apartment complex. There are potential legal claims that could be pursued against both... View More

Dear Manhattan Tenant:

Nothing is illegal about the initial payment request by electronic transmission and subsequent rent payment by check. Although the latter is more or less old-fashioned, it is not illegal. You could also pay by cash, even if the landlord requires a check.

But,... View More

Dear Pittsford Tenant:

You did not say when the lease expired. If it ends on April 30, 2025, New York State housing law suggests that the landlord is entitled to the full rent without any apportionment for the entire month of April, even if the tenant plans to move out on April 12th. Both... View More

Dear Herkimer Tenant:

You are correct, the statute requires that the landlord mitigate damages. If the landlord fails to do so, the former tenant, if sued, has a defense to a claim for unpaid rent left over from the breached lease.

However, all New York State laws truly depend on... View More

Dear NYCHA Resident:

Subleasing is not allowed at New York City Housing Authority properties. If you share an apartment with a tenant and pay rent to the tenant to share, that is a Roommate relationship, not a subtenancy. However, NYCHA management must give the tenant written permission to... View More

Dear Brooklyn Tenant

You have an initial court date for the nonpayment case because you Answered the Petition. It's not going away on its own. This doesn't mean that the landlord won't discontinue the proceeding on the initial court date since you say that all the rent owed... View More

Dear Manhattan Tenant:

This issue is not strictly a landlord and tenant matter--but it seems at least for the moment--you are at the mercy of Con Ed.

Read the information at:

https://everloved.com/articles/post-death-logistics/how-to-handle-utility-bills-after-someone-dies/... View More

From the day of destruction of the personal property the clock started to run on the statute of limitations, which is three years.

What stood in your way suing for monetary damages due to the unlawful eviction?

It's up to the defendant to use the expiration of a statute of... View More

Dear Brooklyn Tenant:

What a family. You were illegally evicted. That was a crime. Had you called the police back then, there may have been arrests made. You had a short period of time to sue for an unlawful eviction.

In New York State, a one-year statute of limitations controls... View More

Dear Albany Tenant:

The notice by the tenant to end a month-to-month tenancy is effective on the last day of the month following the month the notice was provided. Technically, it is a 'one-month' advance notice, not thirty days, but no one, not even most experienced attorneys,... View More

If the basement could be converted to legal recreational use, you could market the first-floor unit as a duplex with recreational facilities in the basement. If conversion is not possible for legal residential or recreational use, you will need to remove the improvements from the basement and... View More

Dear Brooklyn Home Buyer:

You described an illegal, unregistered, multiple dwelling, and extant violation of the Certificate of Occupancy.

Aside from the likely Department of Buildings violations of basement use contrary to the Certificate of Occupancy and failure to restore the... View More

Dear Manhattan Tenant

Yes. But a NYC landlord is not required to agree to the proposal to assign the lease. The landlord is able to unreasonably reject the proposed assignment. The only remedy in this event is that the tenant could cancel the remainder of the lease.

An Assignment... View More

Dear Buffalo Property Owner

You are missing the key component of the eviction event and that is you did not bring the tenancy terminated holdover tenant to court. A properly served written 90 day notice is known as a preliminary or predicate notice. To turn it into an eviction proceeding... View More

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answered on Mar 11, 2025

I’m sorry to hear about your injury and the difficulties you are facing. In New York, a slip and fall injury caused by ice or snow on a driveway may have legal merit, especially if your landlord has neglected their duty to maintain the property in a safe condition.

Under New York law,... View More

I'm sorry about your injury. If your injury was a slip and fall, you could consult with an attorney. If it was closer to being a strain-related injury, my colleague correctly points out the distinction there. In either event, you could review the terms of your lease with an attorney for a... View More

Sorry to hear what happened to you. Landlords in New York have a legal duty to keep their property in a reasonably safe condition and are responsible for any harm caused by dangerous conditions about which they had notice. The injury to your back was not caused by a dangerous condition, but by... View More

Regardless of relationship, the landlord typically has someone or all of you severally obligated by written lease to pay the rent. How you get it together is up to you and your room mates. If you default, the people on the lease get sued.

If the tenant declines to move out after receiving the legally required notice timely, you cannot get rid of her without starting an eviction proceeding. Be prepared for delays, as the NYS landlord-tenant law was revised to make it more difficult to remove the tenant who is resisting. Make sure... View More

Dear Commack Property Owner

There is no eviction without a court proceeding. Month to month tenancy does not require a fault ground for the eviction proceeding unless the owner is subject to the Good Cause Eviction Law.

Use a local lawyer familiar with your local District Court.