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New York Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for New York on
Q: Need a landlord attorney that won’t break the bank. Tenant has not paid rent going on 4 months

Tenant has blocked all communication with us. Saw her in driveway over the weekend and she acted like she did not know who I was and called the police saying she was being followed and harassed, I was just asking if I could please have the rent. Trying to do this the nice way, gave her 3 separate... Read more »

Elaine Shay
PREMIUM
Elaine Shay
answered on May 24, 2022

Like myself, there are many attorneys who respond to questions posted here and can assist you with a landlord/tenant matter. Simply search the attorney directory and select one or a few attorneys to reach out to and interview.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for New York on
Q: Rent is being increased from 1950 to 3500 with no written notice. What can I do? Lived in the home for 12yrs on LI.

The current lease that I have signed by the owners of the home is dated 2012. One of the owners has passed away and the second owner is bed-bound and dying. The wife has hired a broker and the broker is making all the decisions on the home. When speaking with the broker she states that all the... Read more »

Elaine Shay
PREMIUM
Elaine Shay
answered on May 20, 2022

Unless you have a current lease or live in rent regulated housing, there is no restriction on the amount that a landlord may charge for rent. However, in 2019 HSTPA was enacted state-wide and landlord's are required to give written 30-90 day notice of rent increases of 5% or more.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Living in “Seasonal” home all year without knowing ….

I live in Cairo, NY in an extremely small cottage for the last 4+ years and since I have moved in, I have questioned my landlord why my heating bills were so high and he said it was just the cost of electricity. Then recently, my landlord mentioned that this place used to be a resort which finally... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on May 15, 2022

I would think that if it truly was illegal to rent the cottage as a year-round home, the Code Department would issue your landlord some kind of citation or prohibit him from continuing to rent it out as a year-round home. You could try taking your landlord to small claims court if you feel you are... Read more »

1 Answer | Asked in Car Accidents and Landlord - Tenant for New York on
Q: I scraped my landlord's car on March 31st. I immediately checked the car and did not see any damage. More below.

She responded quickly and informed me she did not see any damage either - not to worry it was okay and would park better in the future. Last Thursday, an itemized estimate for car repair was left on my kitchen table without any notice, entering my apartment without notice. This is over 35 days... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on May 12, 2022

This is not really a landlord-tenant matter, although she should not have entered your apartment without your permission. You should tell her that you do not feel that you should pay the bill because it was agreed at the time of the incident that there was no damage to the car. If she,... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: My mother agreed to sell her house to her nephew. He has broke all stipulations. Can she evict?

It was a verbal agreement. He quit paying her 4 months ago and now acts as if he owns the house. He even told her to find elsewhere to live. He has only paid a total of $2450 out of $75000. Did damage to the property without fixing it. He refuses to leave or pay. Can she evict him?

Sandra M. Colatosti
Sandra M. Colatosti
answered on May 11, 2022

Assuming she has not actually deeded the house over to him, she can evict him.

1 Answer | Asked in Landlord - Tenant for New York on
Q: I share apt w/ another person. I am going away for a month. Do I still have to pay rent? My name NOT on lease.

I am going away for a month, Share apartment with another person. Their name is on the lease, mine is not. This is not a vacation that I am going on. I feel like I should NOT be held responsible for my portion of the rent as I will not be incurring any expenses, nor will I be bringing in any income... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on May 10, 2022

While, technically, the person whose name is on the lease is liable for the rent, you should contribute to your portion of the rent for the month you are going to be away. If the entire rent is not paid, you could be subject to eviction as an occupant of the premises. You might want to look at it... Read more »

2 Answers | Asked in Landlord - Tenant for New York on
Q: Can my landlord evict me for opening our window? Says downstairs neighbors bill doubled due to this.

Our landlord has threatened to evict my family due to the downstairs neighbors electricity bill doubling, it’s spring time and we can’t even open our windows afraid of getting evicted.

Sandra M. Colatosti
Sandra M. Colatosti
answered on May 5, 2022

How does your open window affect the downstairs tenants' heating bill?

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1 Answer | Asked in Landlord - Tenant for New York on
Q: Can a landlord evict because tenant stop paying rent for no repairs and cockroach infested we put our rent money toward

One of the tenants are disabled the other one has a asthmatic machine. So what can we do legally to get our electric back on because they shut it off. We put our rent toward cockroach sprays and bug killer and bait and traps

Sandra M. Colatosti
Sandra M. Colatosti
answered on May 4, 2022

Your landlord can start a non-payment eviction proceeding. You would be entitled to a reduction in the rent for breach of warranty of habitability, but not necessarily the entire rent.

1 Answer | Asked in Landlord - Tenant for New York on
Q: My husband and I own the house. Five years ago, when his two adult sisters needed a place to stay, we said they could

Stay with us. The four of us verbally agreed the two sisters would each pay $300 per month for “rent”, but we have nothing in writing. One sister (in her 50’s) pays fairly consistently. The other (in her 40’s) stopped paying last May. It is now April. She refuses to work, refuses... Read more »

Tim Akpinar
Tim Akpinar
answered on Apr 30, 2022

I'm sorry your question went unanswered for three weeks. You could repost and add Landlord-Tenant as a category. There's no guarantee all questions here are picked up, but you might have better chances of a response under the L-T heading. Good luck

1 Answer | Asked in Landlord - Tenant for New York on
Q: She used an old warrant of eviction that was granted before she accepted the erap. We never went back to court

We owed rent and then went to court last october.that amount has since been paid by the erap.she had me served with the old warrant of eviction even after she got the money from the erap program,we never went back to court for anything owed that wasnt covered by erap.so basically what we went to... Read more »

Elaine Shay
PREMIUM
Elaine Shay
answered on Apr 26, 2022

Generally, you may file for an Order to Show Cause ("OSC") seeking to stay the eviction and vacate the prior judgment in the court that issued the judgment and warran.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Is there a lawyer that does pro bono work in eviction in greene co.

Trying to evict a module home owner off my property. He doesnt pay rent but pays the taxes on the land instead.

Elaine Shay
PREMIUM
Elaine Shay
answered on Apr 26, 2022

Generally, pro bono services are not available to property owners. However, it is important to move forward on your claim to prevent the tenant from obtaining rights to the property by adverse possession.

1 Answer | Asked in Landlord - Tenant for New York on
Q: served 14 day warrant of eviction , after she accepyed ny state erap money on my behalf

We had court in October of last year and we worked out an agreement, landlord has since received money on my behalf from ny state erap program and she wants to sell the place so she had me served with a 14 day eviction thats up this week, that was from our court date last october, but she accepted... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on Apr 26, 2022

Eviction is permitted if tenant defaulted on rent after period for which ERAP received.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: renting question when owner is selling house

I rent an apartment in a house, no lease- month to month. the owner is selling house. She wants to send open house viewers into my apartment now and i am worried about covid. She said it would be second viewers only, but isn't following through with this. Is this fair? Do I have any rights? I... Read more »

Elaine Shay
PREMIUM
Elaine Shay
answered on Apr 25, 2022

A landlord is not required to share information regarding plans to move from or sell the property they own. Unless a tenant has a lease or is a rent regulated tenant, a landlord does not usually have to have a reason to ask a tenant to move. When selling a house, landlord's are not required... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can a person be given a notice or can a court order intending to evict residents be hung on your door?

A letter stating that a hearing will be held in our town at a courthouse located on a specified location on a date 10 days from today? Was left on my door

First question being can they hang that petition on your door or must be served to you by a state official?

Second question if... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on Apr 23, 2022

Looks like you were served with an eviction petition by substituted service which is perfectly legal and does not have to be served by a state official.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Renting in jamaica queens apartments Please help with my notice for not renewing my lease without cause?

I am been asked to find new apartments and given 3 month notice stating my lease will not be renewed. I do not know the reason why they are saying so and we are finding it hard to find new house to buy or rent in this market. I have baby with special needs and i do not know what to do. I want to... Read more »

Elaine Shay
PREMIUM
Elaine Shay
answered on Apr 20, 2022

The landlord is not required to renew or extend a lease or state a reason for seeking to terminate a non-regulated tenancy. However, if you do not vacate by the date specified in the Non-Renewal Notice, the landlord must obtain a judgment of possession through the courts before you can be evicted.... Read more »

2 Answers | Asked in Landlord - Tenant, Tax Law and Business Law for New York on
Q: I live in the US and own a condo in Jamaica, WI I want to rent to vacationers. What do I need to do to?
Samuil Buschkin
Samuil Buschkin
answered on Apr 20, 2022

If you make any income from your rental activity, per US Tax law, you must include it in your annual tax return. The way you organize or register your activity abroad is a matter of applicable local or international law abroad.

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1 Answer | Asked in Landlord - Tenant for New York on
Q: Is it illegal for my landlord not to provide mailboxes?
Sandra M. Colatosti
Sandra M. Colatosti
answered on Apr 19, 2022

United States Postal regulations require landlords of buildings containing three or more apartments to provide secure mail boxes for each apartment unless the management has arranged to distribute the mail to each apartment. Landlords must keep the mail boxes and locks in good repair.

1 Answer | Asked in Landlord - Tenant for New York on
Q: I live in Brooklyn NY in a privately owned building can I install a ring camera on my apartment entry door

Facing another tenants entry door with out the landlords consent?

Sandra M. Colatosti
Sandra M. Colatosti
answered on Apr 19, 2022

I would get the landlord’s consent before installing it.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Can you evict an 18 year old from the family residence in NY who has not graduated high school?

And before anyone else offers a lecture on parenting, maybe assume we have done everything else in our power and are being terrorized on a daily basis.

Elaine Shay
PREMIUM
Elaine Shay
answered on Apr 12, 2022

Maybe the better question is why would a family member living with the 18 year old want to evict a high school student from his/her family home. If there are problems within the family, there are a number on resources for assistance depending on the problems involved.

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