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My cousin, who is over 90 years old, is a landlord being sued for $15,000 by a potential tenant from 3 years ago. The claim is based on an alleged promise that was supposedly made but never happened. This particular space has been rented out for a year to someone else. She received a summons for a... View More 
answered on Apr 23, 2025
Your statement missed key information. In New York there is no automatic court appearance with the service of a Summons. A Simmons served outside New York State often has technical deficiency in the method of service. Nevertheless a Summons alone commands a responsive pleading known as an Answer.... View More
I am a tenant in New York State. We left our rental property with many items behind and in not the best shape, and this was reflected in the deductions from our security deposit. We received the deductions list a month after moving out. The lease stated that items left in disarray would be deducted... View More
answered on Apr 23, 2025
Ok. That was improper. Your landord forfeited the right to deduct anything for any justified cause because the landlord did not comply with the New York State law that required the landlord do this within 14 days after the tenant moves out.
I was on a one-year lease that converted to month-to-month after the first year. I've always paid rent seven days before the due date, and the apartment is kept clean. On April 10, I received a termination letter from my landlord stating I need to vacate by May 31, 2025, but it doesn't... View More
answered on Apr 23, 2025
Hello. You are a tenant in New York State. Tenant rights are controlled by State Law. A tenancy longer than one year cannot have a tenancy ended even though it is now month to month without the landlord providing the written notification that NYS Real Property Law Section 226-C mandated. If the... View More
I live with my mom and her husband in a residential property that my mom has verbally declared belongs to me should anything happen to her. However, I am concerned about her husband possibly evicting me and renting out the house for his own benefit, especially if he considers placing her in a... View More
answered on Apr 23, 2025
Your mother could give you a lease. Your mother could put her ownership rights in the house in a Trust. She could do so by a Will. Her husband may not have a legal right to inherit if he is not a co-owner on the deed, but if she does nothing, he may very well inherit by intestate law. The verbal... View More
I received an eviction notice three days ago for unpaid rent from over two years ago, even though I've signed one, if not two, new leases since then and have been consistently paying rent. I have to respond to a court summons in 10 days. Last year, when the management first reached out to me... View More
answered on Apr 23, 2025
Dear Manhattan Tenant
You mean that you were served with a Petition for nonpayment of rent in New York City Housing Court and the Notice of Petition told you have ten days to Answer the Petition or risk a default judgment against you and eviction?
You need to do so. You state your... View More
I moved out of my rental property in New York State on January 31, 2025. My landlord has informed me that I will not be receiving my security deposit back, claiming that the unit wasn't left in the same condition as when I first rented it. They provided a written explanation and itemized list... View More
answered on Apr 14, 2025
Under New York General Obligations Law § 7-108, a landlord must return the tenant's security deposit, less any lawful deductions, within 14 days after the tenant has vacated the premises (moved out).
Itemized Statement: If the landlord deducts any amount from the security deposit,... View More
I recently discovered that a scheduled rental increase was not applied to my rental statements for six months. Although my landlord claims the increase is included in my lease agreement, I never received any notification during those six months. The lease specifies that rent increases should be... View More
answered on Apr 23, 2025
Dear Queens Tenant
I gather that the landlord hadn't served a Rent Demand or suggested that the landlord will seek a determination in Housing Court.
You could share the rental dispute problem with an attorney. But if the claimed retroactive rent is less than one thousand... View More
I signed a lease agreement for my rental property, but my landlord did not disclose any information about possible lead paint. I recently discovered that my child has lead in his system. The landlord has offered $2,500 to help us move out. What are my legal options in this situation?
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answered on Mar 31, 2025
I’m sorry to hear about your child’s health issue and the stress this situation has caused. Exposure to lead, especially for young children, can have serious and lasting effects. In New York, landlords have specific legal responsibilities when it comes to disclosing and addressing the presence... View More
I signed a lease agreement for my rental property, but my landlord did not disclose any information about possible lead paint. I recently discovered that my child has lead in his system. The landlord has offered $2,500 to help us move out. What are my legal options in this situation?
answered on Mar 31, 2025
Sorry to hear what happened to your son. There is no safe lead level in the blood which can cause developmental delays in children. Depending on your son's lead levels and whether it can be causally connected with your apartment, he could have a viable claim against the landlord for lead... View More
I need advice on evicting my roommate in New York. We do not have a written agreement, and I'm the only one on the lease and the person who paid the deposit. My roommate has stopped paying rent, and my landlord has refused to evict her because they say I am fully responsible for the lease. She... View More
answered on Mar 26, 2025
Dear Troy Tenant:
Your landlord has powerful legal grounds to be above your dispute with the roommate. The landlord does not have a legal relationship with your Roommate and so lacks standing to sue for an eviction.
Since you do not have a written agreement with the Roommate and the... View More
I have been living in my apartment with a month-to-month rental agreement that hasn't been renewed for 2 years. My landlord recently gave me a letter to vacate the apartment within 30 days, but they did not provide a specific reason. I haven't received any previous notices to vacate and... View More
answered on Mar 26, 2025
Dear Brooklyn Tenant:
Your landlord may not care that the tenancy termination notice is deficient. Your landlord may still try to use the Housing Court for an eviction. But you will prevail if you know the following and act on it.
New York State eliminated the thirty-day tenancy... View More
I am looking to sue the Utica Police Department and the apartment complex where I live due to their handling of an emergency vacate order related to my ex-boyfriend, who was abusive. The emergency vacate order, obtained through family court, clearly states he must vacate immediately. However, the... View More
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answered on Mar 16, 2025
I’m very sorry to hear about this terrifying and dangerous situation. You have every right to seek legal accountability for what happened, especially given the serious failures by both law enforcement and your apartment complex. There are potential legal claims that could be pursued against both... View More
I was recently approved for an apartment and have been working with a licensed realtor who is in contact with the building management company. However, I have not yet signed the lease. The landlord is asking for the security deposit and first month's rent to be paid via wire transfer before... View More
answered on Mar 3, 2025
Dear Manhattan Tenant:
Nothing is illegal about the initial payment request by electronic transmission and subsequent rent payment by check. Although the latter is more or less old-fashioned, it is not illegal. You could also pay by cash, even if the landlord requires a check.
But,... View More
I am moving out on April 12th, and I informed my landlord almost two months in advance. My lease agreement doesn't mention early termination or prorated rent, but states the security deposit can be used for late rent and damages. My landlord is demanding that I pay for half of the month of... View More
answered on Mar 3, 2025
Dear Pittsford Tenant:
You did not say when the lease expired. If it ends on April 30, 2025, New York State housing law suggests that the landlord is entitled to the full rent without any apportionment for the entire month of April, even if the tenant plans to move out on April 12th. Both... View More
My wife and I moved out of an apartment in New York City, breaking our lease 2 months early. According to Section 227-E of the NY Real Property Law, the landlord should make a good faith effort to re-rent the apartment at fair market value or the agreed-upon rate. Despite this, our landlord listed... View More
answered on Mar 3, 2025
Dear Herkimer Tenant:
You are correct, the statute requires that the landlord mitigate damages. If the landlord fails to do so, the former tenant, if sued, has a defense to a claim for unpaid rent left over from the breached lease.
However, all New York State laws truly depend on... View More
I've been living in a NYCHA apartment in New York for the past five years, subleased to me by a friend. We've accumulated unpaid rent, leading to the threat of eviction. Despite my friend's awareness and financial means, she is unwilling to pay. I have proof of payments made to her... View More
answered on Mar 2, 2025
Dear NYCHA Resident:
Subleasing is not allowed at New York City Housing Authority properties. If you share an apartment with a tenant and pay rent to the tenant to share, that is a Roommate relationship, not a subtenancy. However, NYCHA management must give the tenant written permission to... View More
I received a notice for non-payment of rent in NYC, but before the deadline, I paid the $2,500 past due rent with money orders that were later stolen and cashed fraudulently. Once I realized the problem, I paid the past and present rent again, totaling $2,500, which the landlord's office has... View More
answered on Mar 2, 2025
Dear Brooklyn Tenant
You have an initial court date for the nonpayment case because you Answered the Petition. It's not going away on its own. This doesn't mean that the landlord won't discontinue the proceeding on the initial court date since you say that all the rent owed... View More
My mother recently passed away on January 28, 2025. I have been living in our apartment as an occupant, but she was the leaseholder. She always handled the bills, but I discovered she hadn’t paid the Con Edison bill for a long time, and now it’s up to $8,000. She left no money or assets.... View More
answered on Feb 28, 2025
Dear Manhattan Tenant:
This issue is not strictly a landlord and tenant matter--but it seems at least for the moment--you are at the mercy of Con Ed.
Read the information at:
https://everloved.com/articles/post-death-logistics/how-to-handle-utility-bills-after-someone-dies/... View More
I was living in a family house without a lease, and my niece sent me texts in June 2023 and August 2023, giving me a 60-day notice to move out and stating that any property left would be considered abandoned. I replied in August, requesting more time, but due to three operations and subsequent... View More
answered on Feb 28, 2025
From the day of destruction of the personal property the clock started to run on the statute of limitations, which is three years.
What stood in your way suing for monetary damages due to the unlawful eviction?
It's up to the defendant to use the expiration of a statute of... View More
I lived in a family-owned home in Brooklyn, NY, for 49 years, sharing the bills with my family. In June 2023, I received a text from a family member giving me 60 days to move out, followed by a letter in August stating the house would be renovated, and my belongings would be thrown out if not... View More
answered on Feb 26, 2025
Dear Brooklyn Tenant:
What a family. You were illegally evicted. That was a crime. Had you called the police back then, there may have been arrests made. You had a short period of time to sue for an unlawful eviction.
In New York State, a one-year statute of limitations controls... View More
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