Ask a Question

Get free answers to your Landlord - Tenant legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
New York Landlord - Tenant Questions & Answers
1 Answer | Asked in Civil Litigation and Landlord - Tenant for New York on
Q: My Apartment is refusing to sign my lease or accept rent. Now they are suing me in civil court for all the fees and rent

How do I force them to renew my lease? How do I get out of paying them anything or at least anything until they renew my lease? The apartment and building have had terrible conditions including no gas for months unreliable heat and hot water, dangerous elevator constantly out of service, in... View More

Steven Warren Smollens
Steven Warren Smollens
answered on May 11, 2024

Dear Manhattan Tenant:

I do not know what you mean by treating it as a Civil case, not a landlord and tenant case. If the lawsuit seeks eviction because the lease expired and the landlord provided written notification as required by NYS Real Property Law Section 226-C, that is still a...
View More

2 Answers | Asked in Landlord - Tenant for New York on
Q: Can I accept the payout from my landlord without going to court or notifying HPd

And if yes how much payment should I take from him

Steven Warren Smollens
Steven Warren Smollens
answered on May 6, 2024

Dear Brooklyn Tenant:

New York City Local Law mandates reporting all tenant buy-out agreements to HPD. A tenant without a lawyer will not likely make the best possible deal. You did not provide any information for an enhanced buyout settlement.

View More Answers

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can a landlord evict a tenant without a judge overseeing it Does a stipulation of settlement have to be signed by a jud

I was served by a process server eviction papers. When we went to court the 2 atty's agreed to wait because they were supposed to turn in a ledger to ERAP. They never did. Instead I was told to sign a stipulation of settlement. I was told I would be thrown out earlier if I don't.... View More

Steven Warren Smollens
Steven Warren Smollens
answered on May 6, 2024

Dear Amenia Tenant:

You may need to hire a new lawyer. Appearing before the judge to review a written stipulation of settlement is often not required when both tenant and landlord have attorneys. https://www.nysenate.gov/legislation/laws/RPA/746

You made a deal to move out in...
View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: In NY is a tenant only legally required to keep a minimum amount in renters insurance?

Tenant is a senior citizen. Old lease did not require renters insurance

Steven Warren Smollens
Steven Warren Smollens
answered on May 6, 2024

Dear Huntington Station Tenant:

New York State law does not set a minimum amount of renter's insurance or mandate that tenants do so. However, the tenant lease may require a tenant to carry a renter's insurance policy....
View More

1 Answer | Asked in Civil Litigation and Landlord - Tenant for New York on
Q: Will my roommate (leaseholder) get arrested if she puts my things in storage and change the locks? I’m not on lease

My roommate is the leaseholder, I’m not on lease, we had a falling out and I’m trying to leave as soon as I can but I’m delayed, she has given me 6mo already hasn’t asked for rent and I appreciate that, but she’s fed up now and said she’s going to put my stuff in storage and change the... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Apr 29, 2024

Dear Brooklyn Roommate

What more of a deterrent do you want on top of an arrest? A letter from your lawyer to suggest that there is a risk of a civil lawsuit for unlawful eviction?

Of course you don't have to move even if you are not paying rent. Your lawyer could convince...
View More

2 Answers | Asked in Landlord - Tenant for New York on
Q: Hello my name is Shariff I moved into my apartment December 21st of 2023 I found out I had a gas leak April 18th

Me my wife and 1 year old daughter have been inhaling gas fumes for over 4 months and we want to know is my landlord is that fault?

Steven Warren Smollens
Steven Warren Smollens
answered on May 11, 2024

Shariff. When did you first smell gas? Because there is no method to detect a gas leak without smell otherwise. If you first smelled gas on April 18th, you had to leave the apartment and call 911. https://portal.311.nyc.gov/article/?kanumber=KA-03185#

View More Answers

1 Answer | Asked in Business Law, Contracts and Landlord - Tenant for New York on
Q: Can I sue Public Storage for ceiling falling down, dead rats and rats eaten threw boxes and throw the belongings out?

My sister had passed away and was paying for storage for 10 years or so. She use to live in Orlando, Florida and moved back to New York. She had two units still in Florida. I had asked my niece and her boyfriend who lived in Orlando, Florida if they can clean out the unit for me since I live in... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2024

Based on the information provided, it seems that you may have grounds for a potential lawsuit against Public Storage. However, the success of your case would depend on several factors, such as the terms of the storage contract, the extent of the damage, and the circumstances surrounding the... View More

1 Answer | Asked in Landlord - Tenant and Sexual Harassment for New York on
Q: I’d liked some legal advice regarding housing and tenants rights

I have been residing in my aunt and her husband's home since 2009 without paying rent, as no agreement was made initially.

However, recent events have led to a challenging situation. My aunt's husband made unwanted sexual advances toward me, which I rejected and exposed. Since... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2024

I'm so sorry you're dealing with this awful situation. What your aunt's husband did is sexual harassment and completely unacceptable. You have every right to live free from harassment and retaliation.

Since you've been living there long-term without a rental agreement,...
View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: I rented an apartment for my daughter full time and myself whenever I was in NY. The one year lease expired October2023

I want out I no longer want it. If my daughter wants to maintain on her own it’s on her. Am I responsible still? Should I advise the landlord about this?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2024

Given that your one-year lease expired in October 2023, your legal obligations and the best course of action depend on a few factors:

1. Lease renewal: If you or your daughter did not sign a new lease or lease extension after the expiration of the original lease, you are likely on a...
View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: Do I need my roommates approval for a new roommate if I've already received confirmation from the landlord it's okay?

I will be breaking my lease and am responsible for finding the new tenant.

Steven Warren Smollens
Steven Warren Smollens
answered on Apr 13, 2024

Dear Brooklyn Tenant:

Why are you responsible for a replacement when State Law leaves replacing a departed tenant with the remaining co-tenants?

All you would need is a written agreement with the landlord and your co-tenants to remove you from the lease agreement and allow the...
View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: Would people who were invited by the owner to live on a property, but don't pay rent or have a lease be squatters?

So the house that the "tenants" in, is on the same property/lot as the property owners house.

The "tenants" were invited to live there, by the owner in exchange for a service.

The terms of the service were a verbal agreement by both parties.

The... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Apr 6, 2024

Dear Batavia Home Owner:

You brought them in, so they had permission. A tenancy cannot diminish into a squatter. If they have been there for more than one year and you claim you rented to them, the preliminary written notice to your tenants is the notification required by New York Real...
View More

1 Answer | Asked in Civil Rights, Gov & Administrative Law and Landlord - Tenant for New York on
Q: Can a tenant get a lawyer stating discrimination if they got a eviction warning for noise level complaints. Others qs to

Manager said the landlord is selling due to not wanting to deal with lawyer fees & b/c of age & b/c of lawsuit instead of just kicking out the tenants - this has been 3 years of noise ordinance per town code ( I'm one of the upper tenants) They were given a warning last year march due... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 4, 2024

Based on the information provided, it seems that the tenants who received the eviction warning due to noise level complaints may try to claim discrimination against the landlord. However, it's important to note that eviction warnings based on legitimate lease violations, such as excessive... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can a landlord install a video only camera inside a boiler room if the boiler room is inside the tenant’s apartment ?

Tenant has access to the boiler room. The lease states no items whatsoever inside boiler room . There is signage in the boiler room stating the same . I have a hi end machine inside the boiler room that I would like to monitor via camera only ( no voice )

Steven Warren Smollens
Steven Warren Smollens
answered on Apr 3, 2024

Dear Manhattan Landlord

How is this possible? No tenant is allowed to inhabit a boiler room and no habitable dwelling may surround a boiler room. Before you add a video camera into this likely illegal housing situation contact an architect who may determine the legality of the apartment....
View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: My landlord has done some immoral and illegal stuff I want to know if it’s possible to sue him for money or the building

He has allowed the tenants to bully me, and vandalize my property.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2024

I'm sorry to hear you're dealing with such a difficult and stressful situation with your landlord and fellow tenants. Here are a few thoughts:

It sounds like there may be grounds for legal action if your landlord has failed to maintain a safe living environment and has allowed...
View More

2 Answers | Asked in Landlord - Tenant for New York on
Q: I’m a landlord renting a single freestanding home in a New York State, not city. Tenant offering to pay rent in advance.

The individual interested in renting the property operates a trucking and transportation business. They’re suggesting paying three months’ rent upfront because their industry experiences significant fluctuations in earnings throughout the year. I’m curious about the legality of agreeing to... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2024

As a landlord in New York State, it is legal to accept advance rent payments from a tenant, as long as you are not requiring it as a condition of the lease. If the tenant is voluntarily offering to pay rent in advance to manage their fluctuating income, you can accept the payment.

However,...
View More

View More Answers

2 Answers | Asked in Landlord - Tenant for New York on
Q: I’m a landlord renting a single freestanding home in a New York State, not city. Tenant offering to pay rent in advance.

The individual interested in renting the property operates a trucking and transportation business. They’re suggesting paying three months’ rent upfront because their industry experiences significant fluctuations in earnings throughout the year. I’m curious about the legality of agreeing to... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Mar 31, 2024

Dear Newburgh Property Owner:

You would need your own attorney to approve the acceptance of three months' rent paid in advance. New York State law says that you cannot do so even if you are not the party to bring up the idea.

View More Answers

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can a landlord evict me because we had an argument about the heat which is included in the lease and he wasn't providing

Now he gave us a 90 days notice which is done already?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2024

I'm sorry to hear about your situation with your landlord. It sounds like a frustrating and stressful experience.

The specifics of landlord-tenant law vary by location. In general though, a landlord cannot legally evict a tenant in retaliation for the tenant exercising their legal...
View More

1 Answer | Asked in Criminal Law and Landlord - Tenant for New York on
Q: Spy cams in my mother's apartment. I'm the eldest son and I'm a visitor. My 2 half brothers and stepfather are tenants.

How do I approach this as a visitor(I'm the eldest son) to my issue since I speculate that my 2 half brothers have awareness about having the spy cam all over the living room, kitchen, and bathroom at my mother's apartment in Queens, NY? The family on the 2nd floor of the house and... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2024

Arnold, this sounds like a very distressing and violating situation. I'm so sorry you are dealing with this. If you genuinely believe there are hidden cameras in the apartment recording you without your consent, that is a serious invasion of privacy. Here are some suggestions on how you could... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can I counter-sue a former tenant who didn't give me time to pay back security deposits and also defame me?

Landlord here, my former tenants(two) are suing me for twice their security deposit fees... I was initially going to give it back once they completely moved out but on their last day, they decided to post on Facebook how much of a s***** landlord I was and urged people not to rent my place. even... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 30, 2024

In situations like yours, considering counter-suing for defamation might be an option if you can prove the former tenants made false statements that caused you harm. Defamation involves publishing false statements to a third party that damage a person's reputation. If the tenants' claims... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: Hi, I'm a landlord and I need to increase my tenants rent. I have a month to month agreement. No lease.

I will give them a 90 day notice due to them renting for more than 2 years. If the tenant doesn't agree with the rent increase will I need to give them another 90 day notice or can I use the 90 day rent increase notice as there 90 day eviction ? Thank you

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 30, 2024

When planning to increase rent for tenants who have been renting for more than two years, giving a 90-day notice is a thoughtful approach, respecting both legal requirements and tenant relations. If a tenant disagrees with the rent increase, it's crucial to understand that the notice for a... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.