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New York Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for New York on
Q: Someone served with eviction papers & not on lease does not want to leave apartment.

He moved into daughters room without my permission. wont leave. should we call the cops for trespassing

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Sep 2, 2019

You should talk to a landlord tenant attorney and bring the lease with you, as your remedies depend on what the lease says about your tenants rights.

2 Answers | Asked in Landlord - Tenant for New York on
Q: What can i do if a roommate (daughter) does not want to leave after eviction notice date?

Does not pay rent, has brought her boyfriend to move in with her, does not contribute to the household, lost her child due to her boyfriend sexually advances (undressed in front of her while she was in bed in a room alone). both served with eviction papers more than 30 days ago.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Sep 1, 2019

This is a Landlord-Tenant question. In any event, if they were served with a notice to leave and have not done so, you have to go to the landlord tenant court in your county and begin eviction proceedings through the court.

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1 Answer | Asked in Landlord - Tenant, Real Estate Law and Civil Rights for New York on
Q: Is it law for tenant to receive both certified mail and regular mail letters notices twice a month from landlord/agent?

Two letters about notice to tenant of failure to receive rent payment and late rent notice.

Gary Kollin
Gary Kollin answered on Aug 31, 2019

There is nothing that prevents ut

2 Answers | Asked in Estate Planning and Landlord - Tenant for New York on
Q: I'm a tenant in NY state. How long does it take to evict a tenant when owner is selling the house (and is family)?

My aunt has recently taken over my grandmother's finances. She has had many issues with my father and is not a nice person. She sent my family and I a letter stating once my grandmother passes, she will have control of the house and we will have 60 days to get out. We have been paying rent for 15... Read more »

Elaine Shay
Elaine Shay answered on Aug 24, 2019

Unless you are a rent-regulated tenant or have the protection of an unexpired lease, the owner of a property (or the owner's representative) has the ability to commence a holdover proceeding to recover possession of the rental unit after giving the tenant Notice of Termination. In the case of a... Read more »

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1 Answer | Asked in Landlord - Tenant and Real Estate Law for New York on
Q: Hi, I am renting a room from a tenant in NYC, she has asked me to leave.

Hi, I am renting a room from a tenant in NYC, she has served me a 30 days early termination of sublease paper. I may not be able to find another place to live by September 1st, and am planning on staying if that is the case. Can she legally do this? What will be the next steps for her if I don’t... Read more »

Elaine Shay
Elaine Shay answered on Aug 12, 2019

The terms of your sublease and the type of and manner in which you were served are all relevant to determining in your roommate is acting properly. Regardless, if you do not comply with the demand to vacate, the tenant's next step would be to serve you with court papers to seek your eviction.

1 Answer | Asked in Landlord - Tenant for New York on
Q: One month prior to the lease expiration and given oral notice for non-renewal. The tenant stayed after lease expired.

I send out an written notice of termination with 1 week extension. Would that be sufficient to proceed for eviction process in NYC.

Elaine Shay
Elaine Shay answered on Aug 12, 2019

Probably not. The Tenant Protection Act of 2019 ("TPA") which was recently adopted by New York creates additional protections for tenants and imposes expanded responsibilities on owners seeking to recover possession of rental units. Since the change to the law is so recent, even the NYC Housing... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Landlord - Tenant for New York on
Q: Landlord walked in on me changing, I didn't pay rent because of it, they want to evict me. What action can I take?

My landlord/owner of the house I'm renting the basement opened my locked door while I was changing, walked right in. I did not pay rent for July ($200, verbal agreement to pay by the last day of each month) and was given a notice to pay within 2 weeks or vacate the premises. However, they made it... Read more »

Elaine Shay
Elaine Shay answered on Aug 9, 2019

From the description of your living arrangements, I suspect that the unit is not "legal". As a result you may have defenses to claims for unpaid rent. However, unless you have a lease or are rent-regulated, provided the proper court process is commenced, the landlord will ultimately be entitled... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Landlord Installed the Wrong Sink/Faucet and Won't Fix It

We live in a rent stabilized NYC apt. Our bathroom sink had cracks that finally caved in leaving a hole.

After 6 years with a dedicated super, the landlord decides they'll only have a part-time Porter for cleaning & a tech/repair person only on a contract basis. So management orders the new... Read more »

Elaine Shay
Elaine Shay answered on Aug 5, 2019

If you have conditions in your apartment that you believe would constitute a violation, you can start an HP Proceeding in Housing Court. An inspector will be sent to your apartment and issue a report of any violations that are determined to exist and the landlord will be required to fix the... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Tried to break lease when I bought a home. Complex said no I have to sublease with a 300.00 fee and another deposit.

Is this legal...been there 5 years and I have to find the tenant even though their turnaround is high. Manager said they started subletting program 2yrs ago because too many people were buying houses our lease is a one year lease with no mention of subletting. I am now paying rent and a mortgage... Read more »

Elaine Shay
Elaine Shay answered on Aug 5, 2019

If your lease has not yet expired and you are attempting to get out of your contractual obligation to pay rent for the remaining unexpired term, the landlord has a right to negotiate for the terms that they are willing to consider. If an agreement can't be reached, a tenant generally remains... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can we terminate a room rental lease immediately since the room is flooded and can not keep paying for tenant in hotel?

The tenant has flooded his room, and we can not prove it yet, but we want him gone immediately. How do I do this? I gave him a termination of lease but in the state of new york says have to give them 30 day notice from his next rent due date, so that makes him eligible to stay too long. Can we make... Read more »

Elaine Shay
Elaine Shay answered on Aug 5, 2019

Curious how you are renting a "room" unless you have an SRO. In any event, you may simply want to consider negotiating a settlement as litigating the matter will take longer than you seem prepared to deal with.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can my lease transfer to my family member for apartment?
Elaine Shay
Elaine Shay answered on Aug 5, 2019

If you are in a rent-regulated apartment, there are certain circumstances where immediate family members who have been living with you the requisite time period may obtain rights to renewal leases in their names. In non-rent-regulated apartments, there is no such right and the terms are governed... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: What will consequence if lease don't renewal?

My lease expired July 28,2019 and haven't renewal lease. It already passed 15 days notice from last month. I contacted landlord's agent and the office. They did not answered back. What can I do?

Charles Oliver Wolff
Charles Oliver Wolff answered on Jul 22, 2019

It depends. Does your old lease have a termination clause? Does it state the your tenancy reverts to a periodic term, such as month to month? If your landlord continues to accept rent from you, the general rule is that it is considered a month-to month, but your do lose the protection that a lease... Read more »

1 Answer | Asked in Landlord - Tenant and Real Estate Law for New York on
Q: I heard that landlords are no longer able to ask for 1st month, last month and security deposit. As of June 13 in NYC?

Is it true that the laws changed on the 13 of June 2019. Landlords are no longer able to ask for three ways and the security deposit cannot exceed 1 months rent. Is this true?

Elaine Shay
Elaine Shay answered on Jul 22, 2019

Landlord's are permitted to hold one month's rent as a security deposit and are still entitled to require payment of first month's rent.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Is it necessary to seeking legal assistance to review a lease before sign it?
Charles Oliver Wolff
Charles Oliver Wolff answered on Jul 22, 2019

Not necessary if you can understand the language, but a good idea if there's anything in there that is worded so as to make it difficult to understand. Having a lease reviewed should not cost too much and can save you a lot of grief.

1 Answer | Asked in Landlord - Tenant for New York on
Q: I have tenants that have been late with their rent month after month. Their lease was up this month and I want them out.

Thier lease is up and they say they haven't found a new place yet. What do I do to remove them?

Charles Oliver Wolff
Charles Oliver Wolff answered on Jul 22, 2019

This depends on what is stated in the lease. Sometimes, leases provide for these situations, so without seeing yours, this is not an easy question to answer. Generally, if a lease has expired, and there is no provision therein for an automatic renewal or change in tenancy status (such as reverting... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can a landlord retaliate against tenant for invoking their rights?

-Girlfriend and I move into motel room since November of last year.

-Owners want us to leave for July 4th and tell a few days prior

-We tell them that we have to give us more notice than that.

-They offer(via text) us another room smaller but more money .

-We... Read more »

Elaine Shay
Elaine Shay answered on Jul 19, 2019

Generally, a landlord is not precluded from commencing a nonpayment proceeding simply because of a dispute with a tenant over other issues. If the money is owed it is not retaliatory to simply demand payment that is due.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Will my break lease history affect my current lease and credit?

I had break my lease twice from apartments years ago due to expensive rent and relocation. Will my break lease history affect my current lease and credit?

Benjamin Z. Katz
Benjamin Z. Katz answered on Jul 18, 2019

Your history of breaking leases is not generally tracked by credit bureaus or any other repository of information. However, if those incidents resulted in a judgment or collections activity your credit may be affected.

1 Answer | Asked in Landlord - Tenant for New York on
Q: What are our rights as landlords holding tenants for willful destruction of property?

Had a rent to own agreement with a couple who have split. She moved out he stayed on but recently stopped paying rent. We inspected the property and found dog feces throughout, they did not ask permission to have pets, animals were neglected and we had to call ani al control to have them removed.... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Jul 18, 2019

You are not limited to the security deposit by law. You can sue them for the costs to clean and repair of the house unless your agreement prevents it.

1 Answer | Asked in Landlord - Tenant for New York on
Q: What is difference between lease and rental agreement?

are they both same applicable to tenant rights?

Elaine Shay
Elaine Shay answered on Jul 18, 2019

Generally, what you call a document does not matter much. If it walks like a duck and quacks like a duck, it's a duck.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Home owner. How do I prove "guests"in my house received rental agreement 30 days prior
Elaine Shay
Elaine Shay answered on Jul 16, 2019

Why you are trying to "prove" something often influences how to go about proving it. In court, evidence has to be in admissible form but in other settings there is generally no such standard. Obviously, if you have a written rental agreement that would be useful but you know better what "proof"... Read more »

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