Lawyers, Answer Questions  & Get Points Log In
New York Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for New York on
Q: My landlord makes noise plays loud music smokes weed. Can i sue her for all rent my mom is ill and need peace and quiet?

Before moving to the apartment she told us no noise and she wants people who don't smoke drink loud parties etc. She also wants us to hang out with her and her family we said " no besides its covid19." We moved in because we desperately needed an apartment. Two weeks in she started... Read more »

Victor M. Feraru
Victor M. Feraru answered on Feb 25, 2021

Maybe. It would be better to have an attorney write a letter providing notice and withholding rent while you save. You have use and occupancy, so it will be hard to claw back any serious money. Definitely consult an attorney.

1 Answer | Asked in Landlord - Tenant for New York on
Q: I have a situation with a tenant that is subletting and they do not want to return my security deposit

We did not have any written agreement about security deposit, instead everything was verbal

Elaine Shay
Elaine Shay answered on Feb 24, 2021

It isn't unusual for residential rental agreements of various types to be verbal instead of written; therefore, no need to be overly alarmed that any agreement is not in writing. Unfortunately, it is difficult to understand from your post who "they" may be but I assume you are... Read more »

2 Answers | Asked in Animal / Dog Law and Landlord - Tenant for New York on
Q: Does my landlord have the right to give me 60 day notice due to esa dog visiting me with the owner?
Benjamin Z. Katz
Benjamin Z. Katz answered on Feb 18, 2021

I’m not sure what type of notice you received. If you are doing something in violation of your lease, the normal process is to serve you with a Notice to Cure. That gives you a short time to correct the offending condition. A Notice to Terminate your lease would be inappropriate if this is the... Read more »

View More Answers

1 Answer | Asked in Landlord - Tenant for New York on
Q: Is it lawful for a landlord to not refund my deposit because the other tenants renew the lease?

My former landlord refused to pay my deposit because the tenants with whom I jointly signed the October 2019 - September 2020 lease contract decided to renew the lease. And even if I vacated the apartment at the end of the lease and return the keys, he will not refund my deposit.

I'm... Read more »

Elaine Shay
Elaine Shay answered on Feb 12, 2021

If the landlord has entered into a lease with the remaining tenant, the prior security deposit should be returned with the remaining tenant paying the additional security that will be due. You may consider bringing your landlord to Small Claims Court to obtain a refund.

1 Answer | Asked in Landlord - Tenant for New York on
Q: I have been helping a friend out for the last 18mths with a place to stay. Can I put them out without legal problems
Elaine Shay
Elaine Shay answered on Feb 10, 2021

Unfortunately, no good deed goes unpunished. In NYC once someone has resided in a home for 30 days or more, a court order of eviction is required before a tenant can be legally evicted. If your friend will not voluntarily leave, you would need to start a holdover proceeding in Housing Court to... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: What can I legally charge to an additional tenant on an existing lease
Toshinori Isoai
Toshinori Isoai answered on Feb 8, 2021

You may not be able to do that as a landlord/owner under Real Property Law - RPP § 235, et al. You should be able to negotiate a termination of the existing lease with the trenant, addition of another individual to the lease along with increased rent amounts, assuming that there is no applicable... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can I sue my landlord for molds
Tim Akpinar
Tim Akpinar answered on Feb 5, 2021

A landlord-tenant attorney could offer the best insight here in terms of rights and duties that run with the lease relationship, but your question remains open for two weeks. From a personal injury standpoint, most attorneys are reluctant to handle such cases. Mold is prevalent in many places, and... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: Am I still on the hook for the full price of my current lease if my landlord finds another tenant at a lower price? (NY)

I am currently living in NYC and am on a lease that ends May 31, 2021. However, my roommate and I have decided to vacate the property early. Our landlord has agreed that he will list the property and we hope to get someone in by the time we are out (end of March).

Given the current rental... Read more »

Elaine Shay
Elaine Shay answered on Feb 5, 2021

When you break a lease, damages would typically be measured as the total amount of unpaid rent for the remaining term. In the case you described, the landlord has taken steps to mitigate or lessen the total amount of damages by finding a substitute tenant. If the substitute tenant's rent is... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: hi im from new york. i was set to move into my apartment on 2/1/20. the landlord couldnt meet me so i signed the lease 1

2/2/21/ which the landlord told me the apartment was all set to move in . here we are going into 2/5/21 and i still have not received my keys or heard from the landlord. even though i signed a lease can i ask for my money back?? by time i move in it will be 2/7/21 at the earliest and then i will... Read more »

Elaine Shay
Elaine Shay answered on Feb 5, 2021

Failure to deliver possession may be a justification for terminating your lease; however, it depends on the specific language in your lease. Regardless of when the landlord is able to deliver possession to you, the tenant should be entitled to a rent abatement for any rent due before granted... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: I am a landlord in NYC, my tenant own 7 months of back rent,can I add authority fee for eviction case?

Tenant was given 60 days notice to terminate and will move to evict after, tenant sign hardship declaration form, can I challenge it in court?

Toshinori Isoai
Toshinori Isoai answered on Feb 1, 2021

Despite the termination notice, you won't probably be able to bring a proceeding against your tenant until at lease May of 2021 in NYC if nonpayment of the rent is the only cause for the prcoeeding (as opposed to the tenant's doing something illegal in the premises or banned in violation... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: Our tenant in New York is consistently very late (2-6 weeks) paying rent. We are selling the house.

How can we encourage her to pay the rent before we close, and what should we tell the buyers about this difficult tenant? Her lease runs through August, at which point the buyers intend to take possession for owner occupancy.

Thank you!

Victor M. Feraru
Victor M. Feraru answered on Jan 29, 2021

So it depends! You may just want to elect to eject or evict the tenant—or work something out with the tenant. There are too many options and variations to write here. Consult with an attorney in NY. I handle these situations regularly!

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can I sue my landlord for mold, property Damages?
Toshinori Isoai
Toshinori Isoai answered on Jan 26, 2021

We need clarification. Damages were caused to your personal property due to the existing mold, and you are trying to recover monetary compensation? Or you see mold in your apt, etc, which makes you sick, etc?

If the former, yes, but you need to establish all the elements to get recovery....
Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: renting my apartment since Feb 5, 2016 last night landlord sent his friend to my door to say I have to move out in 10day

For the last 2 1/2 years I’ve had a leak in my roof that I brought to his attention and he told me he would fix it and kept putting it off and finally this past year it got worse and worse and when I started bringing it up to him more and more to fix it that’s when I started having issues with... Read more »

Elaine Shay
Elaine Shay answered on Jan 21, 2021

Whether you honor the landlord's request that you move in 10 days is up to you. However, if you choose not to honor the request, the landlord will have to serve you with a 90 day predicate notice that your lease, if any, will not be renewed or your tenancy will be terminated. After that the... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: I am looking to purchase a home with a tenant on a month to month land contract. What is the eviction process

The tenant is delinquent since November

Toshinori Isoai
Toshinori Isoai answered on Jan 5, 2021

You may need to review the lease between the current owner /landlord and the month-to-month tenant to see if the occupant is a month-to-month tenant. You may want to review the expired lease between the owner and the tenant.

The best way is to have the current owner to get the tenant our...
Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Does this only apply to renal spaces or does this also apply to owned spaces with the owner living in the space?

Referring to - 2006 New York Code - Unlawful Eviction - 26-521 Unlawful eviction

Toshinori Isoai
Toshinori Isoai answered on Jan 4, 2021

Very likely yes. It's not about whether the landlord/owner is living in the building or space. It's about whether you are lawfully occupying the dwelling unit, has a valid lease, etc. If you are a lawful occupant, then any attempt by the owner/landlord to evict you for not-legally... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for New York on
Q: “Tenant will pay its pro-rata share of property tax increases over the Tenant's 2021/22 base year 20% of tax increase.

It’s a paragraph from commercial lease.

Toshinori Isoai
Toshinori Isoai answered on Jan 4, 2021

I don't see a question here, but the clause is not unique in commercial lease in NY. That's among the terms and conditions where lawyers for the parties involved negotiate vigorously for their clients.

1 Answer | Asked in Landlord - Tenant for New York on
Q: I am renting a house and the landlord's husband say he is blocking my back door so I will now only have one entry way.

Can he do this?

Toshinori Isoai
Toshinori Isoai answered on Dec 28, 2020

We need more facts to better answer the question.

The answer mostly depends. Does your landlord need to block your way temporarily to make repairs, structural changes for safety for the building, etc? If not, you need to carefully review the lease as to what space constitutes the premise...
Read more »

2 Answers | Asked in Landlord - Tenant for New York on
Q: I was wondering if my landlord can change my locks on my apartment and not let me in because i turned off my electric.

Its was a month to month so no lease. I payed my rent for the month and started moving some of my things into a storage unit and my landlord changed my locks even though i have 2 weeks left in my rent

Victor M. Feraru
Victor M. Feraru answered on Dec 16, 2020

No he/she cannot. Immediately call 911 at the apartment and provide the officer's your landlord's information.

View More Answers

1 Answer | Asked in Estate Planning and Landlord - Tenant for New York on
Q: What are liability benefits of holding real estate in an LLC? Could a tenant still go after my assets or other LLC?

I have an LLC that holds a Brooklyn residential property. I have an LLC that holds a South Carolina property. Let's say that a resident of the Brooklyn property sues me, receives a money judgment and exceeds the insurance payout. Would they be able to go after the equity in my LLC (that holds... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Dec 14, 2020

As long as you are operating the LLC as a distinct and separate entity, liability is limited to the assets of that LLC. To go after you personally or your assets, someone would have to show that you are not operating the LLC as a separate entity, that you are commingling funds and ignoring the... Read more »

1 Answer | Asked in Landlord - Tenant and Criminal Law for New York on
Q: Is getting a tenant to sign something acknowledging that their residence not a legal unit a good idea?

I am currently an owner of a 2-family home in Brooklyn. I currently rent out the units, as well as rent to a tenant in the cellar. The cellar is not a legal unit. Having read some literature, I am aware that if a fire were to occur, I could be held criminally liable if the cellar tenant were to not... Read more »

Peter Wade Kolp
Peter Wade Kolp answered on Dec 14, 2020

Hire an attorney as there may be multiple considerations civilly and criminally.

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.