She has no insurance on the property that I am aware of. The tree that was struck was extremely tall, and near the house. They were told by an insurance co. to remove it years ago. She threatened to have me “ out on the street” if I contacted national grid to inspect the electrical system. She... View More 
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answered on Dec 5, 2023
This is a rather complicated question as it evolves New York negligence law as well as landlord-tenant law. There are many questions to the answered in pursuing either one of these particular claims and so a consultation with an attorney would be necessary. Nevertheless, the tenant would likely be... View More
Tenant lives in the Bronx and does not have a current lease. The landlord is asking they pay for repairs/upgrades needed to household items (ex. fridge, cabinet, carpeting). Tenant moving out at beginning of month, and paying for the full month. Landlord will be keeping deposit.
Is tenant... View More
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answered on Dec 5, 2023
Your friend should ask the landlord to provide her with a detailed list of the repairs and upgrades that he is claiming are necessary, as well as an estimate of the cost of the repairs. She should then review the list to see if she agrees with the landlord's assessment. If she does not agree... View More
I rent an apartment to a couple in New York State. They're both listed in the lease agreement. They are a few months behind and I want to have a process server serve them a 14 day notice. Do they have to be served separately?
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answered on Nov 30, 2023
When serving a 14-day notice to tenants in New York State, the specifics of service can depend on the local laws and regulations. Generally, if both tenants are listed on the lease agreement, it is advisable to serve each tenant individually. This ensures that each tenant is formally notified and... View More
I have had PTSD, depression, and anxiety since 13 I am now 20. I was given an ESA by my therapist two years ago now in January. I have brought her back and forth between my moms house and college for the last two years, but she had started getting only cat syndrome and not being emotionally... View More
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answered on Nov 28, 2023
It's important to understand the legal framework surrounding Emotional Support Animals (ESAs) in rental housing, especially as it pertains to your situation in New York. Here are some key points to consider:
Fair Housing Act (FHA): Under the FHA, landlords are required to make... View More
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answered on Nov 26, 2023
In New York State, if you suspect your tenant of stealing mail, it's important to handle the situation with legal prudence. Mail theft is a federal crime, and any suspicions should be reported to the United States Postal Inspection Service and local law enforcement. They have the appropriate... View More
And she does nothing for my mom either. Feeds her but that is all
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answered on Nov 19, 2023
In New York, the fairness of rent charges can depend on various factors, including the local housing market, the amenities provided, and the terms of any rental agreement you may have with your sister. If you believe the rent is excessive compared to similar accommodations in West Seneca, you might... View More
attic) started sneaking me into their house. It’s connected to their living space but they hardly ever go upstairs. And since there’s a a bathroom upstairs, I only went downstairs to come and go through the side door. My rescued pigeons have also been here (parents knew) as well as any... View More
answered on Nov 19, 2023
Dear Queens Resident:
Sneaking into the house does not create any legal protection against eviction. When the homeowner discovers that you have been in the house without their permission--their attorney may very well decide you are a squatter. On the other hand, using the expression... View More
attic) started sneaking me into their house. It’s connected to their living space but they hardly ever go upstairs. And since there’s a a bathroom upstairs, I only went downstairs to come and go through the side door. My rescued pigeons have also been here (parents knew) as well as any... View More
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answered on Nov 19, 2023
Under New York law, even if you have been living in someone else's home without a formal rental agreement, you may still have certain rights as a tenant. Since you've been residing there for more than 30 days, you are considered a month-to-month tenant under New York's tenant laws.... View More
Been living in an apartment for almost 5 years, with two rent increases. One increase of 5% and another of 20%. We don't have access to the heat or air conditioning, and have to ask for either to be put on when needed. It's also the ground level of a house.
answered on Nov 16, 2023
Dear Brooklyn Tenant:
Usually, a legal apartment would allow a tenant to alter the settings via a thermostat for heat and cooling.
Although there is no local law (NYC) and no State law (New York State) that gives tenants any right to air conditioning (cooling), both local and State... View More
My husband and I live in a one-bedroom apartment in New York State. Due to unforeseen circumstances, we now need to move in with a friend and her child. It is against our lease to have more than two people as tenants. We would like to break our lease to move into a bigger apartment, but per our... View More
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answered on Nov 13, 2023
Lease agreements in New York are legally binding contracts, and the terms for early termination, including any fees, are typically outlined in the lease itself. If your lease specifies a $10,000 early termination fee, this fee is generally enforceable, provided it is not deemed punitive or... View More
My husband and I live in a one-bedroom apartment in New York State. Due to unforeseen circumstances, we now need to move in with a friend and her child. It is against our lease to have more than two people as tenants. We would like to break our lease to move into a bigger apartment, but per our... View More
answered on Nov 13, 2023
Dear West Babylon Tenant
It is a violation of NYS law for a lease to restrict occupancy of an apartment to the tenant only. All leases mean with the expression tenant, the tenant and immediate family members. Restrictions to the contrary are not legal.
The mitigation statute... View More
It’s been a few weeks since the neighbor complained and I have been working to address it… I noticed my dogs bark when they see people walk by so when I am home I make sure they are under control and when I am gone I put them in a small quiet room with no windows and with toys… to try to keep... View More
answered on Nov 19, 2023
Dear Manlius Tenant:
The statutory warranty of habitability is confined to the tenant and landlord relationship. A neighbor does not possess the right to claim a breach by another tenant. Lawsuits based on the notion of private nuisance are expensive and difficult to establish. A court is... View More
It’s been a few weeks since the neighbor complained and I have been working to address it… I noticed my dogs bark when they see people walk by so when I am home I make sure they are under control and when I am gone I put them in a small quiet room with no windows and with toys… to try to keep... View More
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answered on Nov 13, 2023
In New York, dealing with a neighbor's complaint about dog barking can be a delicate situation. It's commendable that you're taking steps to control your dogs' barking. If your neighbor proceeds with a lawsuit, they would need to prove that the barking is excessive and... View More
She said that she doesn't want to be in the relationship and neither do i. I am the sole owner of the house and have paid for everything for the last six years.
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answered on Nov 13, 2023
In New York, if you're the sole owner of the house and your ex-girlfriend has expressed her intention to move out, you have the right to ensure she doesn't return to reside in your property. After she moves out, it's advisable to change the locks to prevent unauthorized access.... View More
Used parents’ address as my legal address during prison term on application; after paying for a background check to be performed, which I eventually passed and was approved to sign a lease. My third lease this year they refused to enter into after offering me the lease to sign.
answered on Nov 14, 2023
New York State Law requires the landlord to offer a renewal lease if your mobile home park has three or more manufactured homes. https://hcr.ny.gov/summary-new-york-state-manufactured-home-park-tenants-rights-under-section-233-real-property-law
No rent regulation exists for tenants in parks... View More
Used parents’ address as my legal address during prison term on application; after paying for a background check to be performed, which I eventually passed and was approved to sign a lease. My third lease this year they refused to enter into after offering me the lease to sign.
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answered on Nov 12, 2023
The legality of eviction from a mobile home park based on alleged false answers on an application can vary based on state laws and the specifics of the lease agreement.
Generally, if the lease agreement or park rules explicitly prohibit providing false information on an application, and it... View More
I receive a 30-day notice to leave premises because the leasing office said there is footage showing someone in my backyard smokes. I don’t smoke nor does anyone on my lease smokes. When I asked to have this fixed the leasing office said the lawyer will call me no call
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answered on Nov 8, 2023
If you've received a 30-day notice to vacate based on allegations that are inaccurate, it's important to address this with your leasing office formally. Request the purported evidence of smoking and any incident reports in writing. If they are unresponsive, consider sending a certified... View More
I receive a 30-day notice to leave premises because the leasing office said there is footage showing someone in my backyard smokes. I don’t smoke nor does anyone on my lease smokes. When I asked to have this fixed the leasing office said the lawyer will call me no call
answered on Nov 14, 2023
Dear Huntington Station Tenant:
There is no thirty-day tenancy termination notice in New York State for a month-to-month tenant other than in NYC. A landlord in all parts of New York State cannot end a tenancy without a lease except by the procedure provided in NY State Real Property Law... View More
My landlord has broken every right afforded to me under the law. How do I write an outline? How do I know what crimes I should organize my evidence under and how do I find out what penalties he could incur and if any how much money I can ask for? How do I work in pain and suffering and what is the... View More
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answered on Nov 8, 2023
In preparing an outline for your case, begin by listing all the alleged violations and organize your evidence chronologically for each claim. Research the New York State Tenants' Rights Guide, which outlines landlord obligations and tenant rights, to identify potential legal breaches. To... View More
My landlord has broken every right afforded to me under the law. How do I write an outline? How do I know what crimes I should organize my evidence under and how do I find out what penalties he could incur and if any how much money I can ask for? How do I work in pain and suffering and what is the... View More
answered on Nov 14, 2023
Dear Bronx Tenant:
Generally, defenses based on violations, breach of the statutory warranty of habitability, and failure to make repairs are not allowed in Holdover Summary Proceedings. Harassment, as defined in the NYC Administrative Code, Retaliatory Eviction, and Wrongful Eviction are... View More
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