Get free answers to your Landlord - Tenant legal questions from lawyers in your area.
answered on Sep 6, 2024
Dear New York Apartment Building Investor:
This may surprise you, but there is no proper way to purchase an apartment building in NYC, let alone evaluate the property, without an attorney.
Both J-51 and 421-a are examples of long-term run 'with the land' real property tax... View More 
Nov 1st 2023 I have a 1yr lease agreement on a house that my landlord is now trying to sell. May 30th 2024 landlord stated he found a buyer and signed with them but didnt have an official closing date but told us house will be closed sometime before the end June and we should be gone by July.... View More
answered on Sep 6, 2024
Dear Queens Tenant:
The truth is that unless the lease allows the landlord a right to early termination, you do not need to accommodate the owner's house sale. Even a properly ended lease in New York does not require the tenant to move out voluntarily. The tenant could wait it out and... View More
answered on Sep 5, 2024
Any legal eviction in New York State requires an initial inquiry about the relationship of the Petitioner (the party initiating the lawsuit similar to the Plaintiff) and the Respondent (the other party, who may be either a tenant or a licensee). The paths to getting into court are different.... View More
answered on Sep 5, 2024
If your relationship with your live-in 'ex' fits a category of landlord/tenant or landlord/not tenant relationship, there is a form of summary proceeding available to use. Perhaps a holdover tenancy termination summary proceeding or a holdover Licensee holdover summary proceeding.... View More
answered on Sep 5, 2024
If your landlord does so, that is a crime, and you could call the police.
'....engaging in a course of conduct which interferes with or is intended to interfere with or disturb the comfort, repose, peace or quiet of such occupant in the use or occupancy of the dwelling unit, to induce... View More
I live in a co-op building and the neighbors right below me had water damage. No idea what happened, but their insurance took care of everything a month or two ago. Now, the Super called me that the neighbors and the building management have been emailing for a date for someone to come in and... View More
answered on Sep 3, 2024
Without knowing the details of the water damage, one possibility is that the insurance adjuster and building super want to confirm that the source of damage is not from directly above, which could make your unit the most likely possible source to look into. You mention feeling uncomfortable - you... View More
My Motion to Dismiss in Nassau County Landlord-Tenant Court was dismissed, and I want to appeal it. Can you tell me what forms I need and the procedure? I also need info on getting a stay of my eviction action while the appeal is pending.
answered on Aug 30, 2024
Dear Great Neck Tenant:
An appeal from Nassau County District Court is at the Appellate Term (9th and 10th Judicial Districts. You will need a form that I cannot discover online. (https://www.nycourts.gov/courts/ad2/appellateterm_forms.shtml
You also need a Request for Appellate... View More
I live in a NYCHA Apartment, and recently had my son removed from my lease. He promised to move in no more than 30 days, but now refuses to do so. How do I get him out of my apartment? I don't want to get in trouble with NYCHA because he refuses to leave. Can I ask NYCHA to start an eviction... View More
answered on Aug 28, 2024
Dear NYCHA Tenant:
I am sorry that New York Housing Law gives no breaks to tenants looking to remove unwanted roommates and family members. You will end up needing a lawyer to evict your son.
I cannot say that NYCHA will not let you change the locks or prevent your son from entering... View More
My husband and I have had a co-signed rent-stabilized lease since Oct. 2016 that is due to be renewed by the end of this month. I am the one paying for the rent. We are just starting with the divorce procedure. He says he doesn't want to take over the lease because he can't afford it.... View More
answered on Aug 17, 2024
Although domestic relations is not one of my practice areas, I can offer a few thoughts. Often, a rent stabilized tenancy is claimed to be marital property. That's one consideration.
Of course, if the landlord and your husband agree, he can be removed and the renewal would be in your... View More
The roof has been leaking and the roofer has been out. It is still leaking. The wall in the kitchen has soft spots on it and is leaking onto our stove. A mold inspector came out and verified there is a lot of mold in the basement needing remediation. There is probably mold throughout the house as... View More
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answered on Aug 10, 2024
Dealing with mold in your rented home can be concerning. Here are the steps you should take:
1. **Notify Your Landlord**: Inform your landlord or property management company immediately about the mold issue. Provide them with the report from the third-party lab as evidence.
2.... View More
Lease expired after first year of living in building. I've lived there for 3 years as an oral month to month agreement. The landlord claims because of the water bill the rent is increasing. They're responsible for water on the prior lease and the notice was over text not written.
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answered on Aug 10, 2024
In your case, the landlord needs to provide 90 days written notice before increasing the rent in the month-to-month tenancy, you are living under. Here are some of the rules and laws relevant to your situation along with analysis and citations to statutes etc.
In New York State, landlords... View More
Tenant damaged many things in apartment and landlord had to purchase the items and had to take an Uber to and from Home Depot. Can landlord deduct this cost from security deposit?
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answered on Jul 29, 2024
If the damages were sufficient to justify a deduction from the tenant's security deposit, I do not see a round-trip uber trip as unreasonable -- any more than if the landlord ordered the items to be delivered and had to pay a delivery fee.
I’ve lived here for eight years and never complained. I have had problems this last year and been vocal to owner about it for last month and now I am told I have to leave by September 30.
answered on Jul 26, 2024
In New York, when a landlord terminates your tenancy within one year of lodging a complaint about the premises, you may have a retaliatory eviction defense to summary eviction proceedings in housing court. If you prevail, the petition to evict will be dismissed, and you may be awarded additional... View More
I’ve lived here for eight years and never complained. I have had problems this last year and been vocal to owner and now I am told I have to leave by September 30.
answered on Jul 26, 2024
If you have been served a notice of termination within one year of lodging a complaint with your landlord, yes, you have a potential retaliatory eviction defense under New York law. This will be a question of proof, documents, and evidence. If you can prove your case in Court, you may be able to... View More
My roommates and I signed a lease for an apartment in Brooklyn. According to the lease, the agreement commenced on July 15, 2024, and our lease terminates on July 31, 2025. My roommates and I have already paid the security deposit and for first month's rent, which is roughly around ~$3,700... View More
answered on Jul 23, 2024
From a legal perspective, the amount you may or may not owe hinges on an interpretation of the lease terms, as well as background decisional law and statutes. From a strategic perspective, you will want to evaluate your goals to ensure that the likely reaction from your dispute aligns with those... View More
About a faulty pipe issue for 3 months now it has gotten so bad when I was called into the store there was sewage water everywhere ceiling paint falling down with water they kept telling me they will fix it and it only got more worse. I went in to clean up water and to take photos and I slipped on... View More
answered on Jul 23, 2024
It all depends on the exact terms of your lease. With commercial leases, the legal responsibility and liability for the premises is allocated by the terms of your lease. You may or may not be able to sue your landlord for personal injury and/or damage to the property, depending on if the lease... View More
Rent cashed by property management July 1
Saw my case 1st day July 25
answered on Jul 8, 2024
If the landlord accepted a rent check after serving you a notice of termination, the case probably must be dismissed. However I cannot determine what is actually going on without reviewing the documents in your case. You also can be defeated through procedural defects in your motion to dismiss. Be... View More
Gave first year rent as down payment. Now wants 50k and when refused won't let me move in or give back down payment till he sells the house.
answered on Jul 8, 2024
You may have a case against this landlord for fraud and/or unjust enrichment. You will need a detailed analysis of the agreements you signed as well as your communications with landlord to evaluate your legal rights.
My brother recently passed away 2 months into a lease at a new apartment. He was paid until the end of the month and we will have him cleared out by then. He didn’t have life insurance so getting his security deposit back would be a huge help. Is that a possibility?
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answered on Jun 28, 2024
Absolutely. I would file a claim in small claims court. Unless you say “by the court” when your case is called it will be decided by an arbitrator where the rules of evidence are relaxed and the standard is, unofficial, “in the interests of justice”…. so equitable arguments are often... View More
And I need that deposit to buy a plane ticket back to my home country to see doctor, I can’t afford health insurance here yet
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answered on Jun 28, 2024
In New York, tenants have several options for filing complaints against landlords outside of court actions:
1. New York State Division of Housing and Community Renewal (DHCR): If the landlord is violating rent stabilization or rent control laws, tenants can file a complaint with DHCR.... View More
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