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New York Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for New York on
Q: my landlord is avoiding my notice, can I withhold rent next month for not having a smoke detector?

I sent a notice saying please reply when the installation can be made but he hasn’t even seen it yet. Do I have to wait until he sees it or can I start withholding rent or take other action so he doesn’t keep ignoring me? He has been avoiding me for almost a month now.

Steven Warren Smollens
Steven Warren Smollens
answered on Mar 9, 2024

Ordinarily a dwelling is required to be set up in New York State with operating smoke and carbon monoxide detectors. Withholding rent without your own attorney advice is a risky strategy. But calling local code enforcement and arranging for an inspection should provide the notice of housing code... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can the primary tenant in a roommate holdover case can adjourn case due to lack of legal representation?

On Primary Tenant behalf ???

Steven Warren Smollens
Steven Warren Smollens
answered on Mar 5, 2024

Dear Manhattan Tenant

While the statute only deals with the tenant right to a 'free' adjournment to secure counsel as a Petitioner you will require the consent of the Roommate and the Roommate's attorney and the Judge as well.

Beware if you securean adjournment this...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: my landlord changed the key and i cant get in becouse she said she will call the cops if i do what do i do?:
Elaine Shay
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Elaine Shay
answered on Mar 5, 2024

Generally, if a tenant who has been illegally locked out calls the police, the police will require the landlord to provide access. If this doesn't work, you can go to your local housing court and start an illegal lock-out case to regain possession.

1 Answer | Asked in Landlord - Tenant for New York on
Q: What to do when landlord has refused to respond to a tenant and do no repairs,yet sends a quit amounts of rent not owed

I live in a home that is supposedly 2 apartments,my son lives on the otherside of me,the landlord has decided to send him and i notices to quit,each for$ 23.000

That would equal 46000 all together, now hes served court papers to evict my son,and not me,yet jes never talked to me or made any... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Mar 4, 2024

Dear Elmira Tenant:

Rent is a debt to pay to a landlord only when a rental agreement exists. A rental agreement may run month to month. Still, no landlord will find a judge ready to believe that both tenants in the two-family house simultaneously continued to live in the building without...
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1 Answer | Asked in Estate Planning, Real Estate Law and Landlord - Tenant for New York on
Q: Mother died 20 yrs ago no will all children but 1 deceased but the in hospice. Condo board brought Public Administrator

In to take over granted 6 months. Can a family member get power of attorney to get condo back in Surrogate court for the child so nephews don't get evicted.

Steven Warren Smollens
Steven Warren Smollens
answered on Mar 4, 2024

Without a will, all the children living when their mother passed away became the heirs of the real property. Any one of the adult children had the power to become the legal administrator of their mother's estate and transfer the deed from the decedent's estate to each sibling, as well as... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: What recourse is there against landlord who non-renews for retaliation?

We received the notice over 90-days prior to renewal (June 1), that our lease will not be renewing. We have lived in this apartment building (with over 190 units) in Rochester New York for four years now. We have always paid our rent in full and on time, have not violated any lease terms/community... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Mar 4, 2024

Dear Rochester Tenant:

In New York State housing law, retaliatory eviction is among the recognized statutory defenses a tenant has available when the landlord terminates the rental agreement, and the tenant contests the end of the tenancy as a defense of the landlord's holdover...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: How long would it take a landlord to evict two individuals who are disabled.

They have been tenants for over 16 years and has paid their rent. The landlord called in December to tell them they must be out by the end of March. The landlord said they do not have to pay rent during that time for them to save enough money to relocate. However, the following month he sent a new... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Feb 25, 2024

New York State housing law does not have any specific protection for disabled residents in relation to eviction.

But tenants with a 16 year long tenancy without a lease must first be served with a written notification that the landlord is not continuing the tenancy at least ninety days...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: Does a rental lease expire or terminate upon the final walkthrough being completed and the landlord collecting the keys?

My old landlord did a final walkthrough and collected my keys on 11/30/23 and is now claiming I am still responsible for rent for December and January per an addendum in my lease. If they collected my keys and I no longer have access to the unit, and they listed it as available online shortly... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Feb 20, 2024

Dear Pen Yan Tenant:

Likely, the turnover of the keys ended the lease obligations. Did your landlord return the tenant security deposit to you within fourteen days of the turnover of the keys? If not, and if the landlord did not provide you a written itemization of legal deductions in the...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: I am a HUD-VASH voucher owner. My landlord increased my rent $107 above fair market and months before my lease expires.

There is no option in my one-year lease that allows Winn to raise my rent during the lease term. Is this legal?

Steven Warren Smollens
Steven Warren Smollens
answered on Feb 20, 2024

Dear Albany Veteran:

No legal process exists for any landlord to charge a tenant an increase in rent during a lease term. That should be so for you as well.

https://www.hud.gov/program_offices/public_indian_housing/programs/hcv/vash

1 Answer | Asked in Landlord - Tenant for New York on
Q: I have been a hotel tenant for 1 year and 3 months now. I would like to know if that Winter Moratorium went in effect.

It is called the Winter Moratorium Eviction Act of 2023. Just want to confirm if that went into effect last December.

Steven Warren Smollens
Steven Warren Smollens
answered on Feb 20, 2024

No. The Bill is stuck in an assigned committee. It has not been passed and it is not law.

https://www.nysenate.gov/legislation/bills/2023/S1403/amendment/A#:~:text=2023%2DS1403%20%2D%20Summary,properties%20during%20the%20winter%20months.

1 Answer | Asked in Landlord - Tenant for New York on
Q: My landlord & i are in court for non payment. My lease ends next month. Can my landlord refuse to renew my lease?

if we are still in court proceedings for past non payment? I live in nyc. And it’s also a rent stabilized building.

Steven Warren Smollens
Steven Warren Smollens
answered on Feb 20, 2024

You must also be a Rent Stabilized tenant. A NYC landlord to a Rent Stabilized tenant is barred by law from refusing to renew a lease even when the tenant owes rent and even if the landlord has a nonpayment eviction case in Housing Court.

1 Answer | Asked in Landlord - Tenant for New York on
Q: NY state -- can my mom terminate the lease she shared with my dad, who recently passed away? Only his signature is on it

Does NY state allow early termination of a lease in the event of the death of the immediate family member who had signed the lease? My mom did not sign it, though she is listed as an occupant

Steven Warren Smollens
Steven Warren Smollens
answered on Feb 20, 2024

Yes. There is a statute. It is five days old today. It became effective February 15, 2024:

* § 236-a. Termination of lease of a deceased tenant. Notwithstanding

any contrary provision contained in any lease hereafter made or renewed

which affects premises demised for...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: New York State. Living in apartment after14 day notice. Petition hearing next week. Will partial pay cancel process?

New York State. Upstate. Ulster county. Living in apartment after14 day notice. Petition hearing next week. Main question is, Will partial pay cancel the eviction process? For example, if I owe 7k right now and pay 1k before court, will they have to start over? Hearing is also 3 days before the end... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Feb 17, 2024

Dear Ulster County Tenant

Partial payment even in NYC Housing Court ahead of the first Court day does not annul the landlord nonprofit proceeding so it's not likely that will happen in your Court.

Landlord and Tenant practices vary widely across the State even within the...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: Building is J51 on HPD; all tenants have Preferential rent as only Legal Rent, but my apartment is 421a with concessions

I am a few dozens years tenant, years on SCRIE.

Apparently situation is the revoked Preferential Rent ( after 2019 Act). In my renewal lease now is High Old LLR, though it was HSTPA change in 2020/2021; my bills are reversed to High Rent with Concessions. I researched Neighbours: all of... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Feb 17, 2024

Dear Tenant

Something seems wrong with the underlying facts. The J51 should have expired. https://www.nyc.gov/site/hpd/services-and-information/tax-incentives-j-51.page#:~:text=Benefits%20granted%20include%3A,get%20the%2014%2Dyear%20exemption

Consider consulting an attorney.

2 Answers | Asked in Landlord - Tenant for New York on
Q: I am moving into an apartment on 15 February in New York City. Can the landlord charge me from 1 February?

I currently live in Boston, I didn’t even look at the apartment until 4 February. I just got my lease after asking for it for three straight days and they’re charging me from the first. Is this legal?

T. Augustus Claus
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answered on Feb 7, 2024

In New York City, a landlord can technically charge rent from the 1st of February if that's what your lease agreement stipulates, regardless of your move-in date being the 15th of February. However, lease terms, including the start date of your tenancy and when rent is due, should be clearly... View More

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2 Answers | Asked in Landlord - Tenant for New York on
Q: I am moving into an apartment on 15 February in New York City. Can the landlord charge me from 1 February?

I currently live in Boston, I didn’t even look at the apartment until 4 February. I just got my lease after asking for it for three straight days and they’re charging me from the first. Is this legal?

Steven Warren Smollens
Steven Warren Smollens
answered on Feb 17, 2024

Dear new New York Tenant:

New York residential leases do not necessarily require the lease term commencement date to coincide with the day the landlord will allow you to occupy the apartment. If you accepted a lease and a rental period starting on February 1 with an occupancy date of...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: Hello, my friend won't leave my apt

I let my friend stay in my apt for 8 months while out of town, now I'm back and she won't leave, she moved her stuff in. There is no lease with her, I'm the only one on the apt lease and I refuse to be homeless. When I move back in, we'll just have to deal with housing court... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Feb 7, 2024

I gather that this apartment is your primary residence, you have a current lease, you pay the landlord rent for the apartment, your landord did not charge you for a lease violation [sublease or assign without permission], the apartment has space for two unrelated adults to have private sleep and... View More

2 Answers | Asked in Landlord - Tenant for New York on
Q: How to remove an ex girlfriend from the home I own. She is not on the deed but refuses to leave. It has been over a year

My ex girlfriend is refusing to leave the home I own. She moved in with me when I bought the home but is not on the deed of my home. There is no lease agreement and I asked her to leave in October of 2022. I have filed the 10 day three times then a 30 day and she never responded but when I went to... View More

T. Augustus Claus
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answered on Feb 6, 2024

In New York, removing an ex-girlfriend from a home you own, where she has been living without a formal lease agreement, can be complicated, especially when she refuses to leave voluntarily. Given that she has resided in the home for over a year, she is likely considered a "tenant at will"... View More

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2 Answers | Asked in Landlord - Tenant for New York on
Q: How to remove an ex girlfriend from the home I own. She is not on the deed but refuses to leave. It has been over a year

My ex girlfriend is refusing to leave the home I own. She moved in with me when I bought the home but is not on the deed of my home. There is no lease agreement and I asked her to leave in October of 2022. I have filed the 10 day three times then a 30 day and she never responded but when I went to... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Feb 7, 2024

There is a path to take but you will require an attorney. You and your attorney will decide how to describe the legal status of the Ex you allowed to live in your home. Likely after so much time and after abandoned attempts to get to a judge you may require Real Property Law Section 226-C written... View More

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1 Answer | Asked in Landlord - Tenant for New York on
Q: We are 65 & 70, on a wait list for a senior housing complex. Will we be penalized if we break our current lease?

We don't want to go month-to-month on our current lease, as it increases our rent by about $500 per month. If we re-sign our lease, but a unit becomes available in the senior housing complex, can we break our existing lease without penalty?

Steven Warren Smollens
Steven Warren Smollens
answered on Feb 5, 2024

Dear Rochester Tenant

How is it possible that the rent will increase $500/month? New York State law says that when a tenancy goes month to month the rent remains exactly the same as the rent paid before the lease ran out.

Moreover in New York the landlord must propose a new lease...
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