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New York Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant, Civil Rights and Communications Law for New York on
Q: So last night I accidentall locked myself out can I bill landlord/ super

I’ve only been here for almost a week. So last night I accidentally locked myself out of my apartment that I’m staying in. My girlfriend aka owner of apartment wasn’t home and the super “wasn’t available ” to help me. I’ve only been here for like almost a week. So I called fire... Read more »

Elaine Shay
Elaine Shay answered on Nov 7, 2019

Generally, the expense of damage cause to an apartment (or apartment door) is caused by a tenant or a tenant's guest the tenant is responsible to the landlord for these damages. In that situation, if the landlord's super repairs the damage, the landlord can seek recovery for the cost of the repair... Read more »

1 Answer | Asked in Animal / Dog Law, Civil Rights and Landlord - Tenant for New York on
Q: How do I file a claim against a lawyer (Versace) for discrimination?

I reside in the apartments he owns(big mistake). I have an ESA, and he's denying to accept it. Meanwhile I've seen 3 other dogs on the property.

Benjamin Z. Katz
Benjamin Z. Katz answered on Nov 6, 2019

You can file a complaint with New York State Division of Human Rights.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Hi, I have a question about rent stabilization, vacancy increases and preferential rents in NYC.

I recently requested my rent history. It tells an interesting story.

No one in my (formerly regulated) unit has paid the “legal rent” since 1993. All tenants have since paid a preferential rent, never more than $1,450. However, despite this, every time a tenant moved out (7 times in the... Read more »

Elaine Shay
Elaine Shay answered on Oct 29, 2019

The situation you described involving the preferential rent isn't surprising. The 18%-20% increase is generally associated with vacancy increases. If you want to challenge the deregulation, you can always take a shot with the DHCR

1 Answer | Asked in Foreclosure, Real Estate Law, Landlord - Tenant and Legal Malpractice for New York on
Q: The hoa foreclosed and sold my house for non payment of dues and evicted me. Now they are renting it out. Legal?

I was temporarily not living there while evicting an ex girlfriend. She is the one served on the paperwork i want my house back and the 16000 dollars ive wasted on living and animal boarding

Elaine Shay
Elaine Shay answered on Oct 29, 2019

It is legally possible to foreclose against a property owner for nonpayment of common charges. This process could have legally proceeded even if you were not personally served with the papers commencing the case; however, the affidavits of service and other documents would need to be carefully... Read more »

2 Answers | Asked in Foreclosure and Landlord - Tenant for New York on
Q: I am a tenant, home in process of foreclosur lease agreement still effective from previous landlord what are my rights?
Michael David Siegel
Michael David Siegel answered on Oct 29, 2019

You cannot be evicted. Make sure you have a copy of your lease to show the buyer at the sale.

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1 Answer | Asked in Family Law, Real Estate Law, Civil Rights and Landlord - Tenant for New York on
Q: What should I do of my neighbor is harassing me because of my autistic child playing in my appartment?

Good evening,

I live on a 2nd floor apartment with my mother and my 4 year old son who is autistic. My son is in school from 8am-4pm we get home around 5pm. He will play sporadically between 6-8 he is in bed by 9. I leave my appartment as of 8am the latest until after noon on Saturday and... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Oct 23, 2019

This isn't a family law question, its more in the way of a landlord issue. Discuss this with the landlord or make a police complaint. Beyond that, the only other thing you can do is put a thick carpet or some other cushioning material on the floor.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can a person you evicted. Come to your home to visit your tenant.

Is there a way I can not allow them in my property

Elaine Shay
Elaine Shay answered on Oct 20, 2019

Generally, tenants are free to invite anyone they like to their apartment regardless of your feelings about it. However, if you had an Order of Protection preventing the visitor from coming to the building that would be different.

1 Answer | Asked in Landlord - Tenant for New York on
Q: My landlord is refusing to amend a lease to comply with new laws, what recourse do I have?

I signed a lease in July of 2019, but did not receive a countersigned lease until August 15th 2019. In June 2019, new laws went into effect that neither we (Tenants) or our landlord (LL) were aware of at the time. One of the laws states that the LL cannot charge more than 1-months security deposit... Read more »

Elaine Shay
Elaine Shay answered on Oct 18, 2019

The law would be controlling in the situation you described. If you can't persuade the landlord to return the extra security deposit to you, you could take the landlord to Small Claims Court. In the alternative, you could withhold the amount in question from your rent but the landlord might start... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: : Can a landlord keep a security deposit?

I gave his Assistance $500.00 security deposit on August 23,2019,

Called & texted his assistance on the 31st of August to ask for the security deposit back, but in the text messages it tells me if the text has been read, I then texted her again letting her know that I know she has read my... Read more »

Elaine Shay
Elaine Shay answered on Oct 18, 2019

It isn't clear from your description why the landlord would give you back the security deposit you paid. If you just moved in a security deposit would not usually be refunded to you until after you had vacated. If you signed a lease and paid the security deposit then but changed your mind and... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: If the landlord is renting a basement space to the tenant but in fact the space is a cellar space, is the lease valid?
Elaine Shay
Elaine Shay answered on Oct 5, 2019

Most rentals of basement/cellar apartments are violations of relevant housing codes. The landlord may be subject to fines for the improper use and the tenant may have a defense to the landlord's efforts to recover rents. It may be possible to negotiate a settlement that results in a payment to... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: Is there anyway to prove that our former landlord took a lot of liberties with the damages he claims we made?

Up until now we had a great relationship. Very friendly and quite respectful. I pushed to get more explanation regarding the discrepancies we had with the damage caused and the responsibility. He responded with legal threats. Saying he would file a police report for harassment.

Elaine Shay
Elaine Shay answered on Sep 20, 2019

Pursuant to the Tenant Protection Act of 2019, unless the landlord provides you with a written statement including an itemization of any amount that would be withheld the landlord is required to return your security deposit within 14 days of your surrender of possession If the landlord fails to... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: Someone served with eviction papers & not on lease does not want to leave apartment.

He moved into daughters room without my permission. wont leave. should we call the cops for trespassing

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Sep 2, 2019

You should talk to a landlord tenant attorney and bring the lease with you, as your remedies depend on what the lease says about your tenants rights.

2 Answers | Asked in Landlord - Tenant for New York on
Q: What can i do if a roommate (daughter) does not want to leave after eviction notice date?

Does not pay rent, has brought her boyfriend to move in with her, does not contribute to the household, lost her child due to her boyfriend sexually advances (undressed in front of her while she was in bed in a room alone). both served with eviction papers more than 30 days ago.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Sep 1, 2019

This is a Landlord-Tenant question. In any event, if they were served with a notice to leave and have not done so, you have to go to the landlord tenant court in your county and begin eviction proceedings through the court.

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1 Answer | Asked in Landlord - Tenant, Real Estate Law and Civil Rights for New York on
Q: Is it law for tenant to receive both certified mail and regular mail letters notices twice a month from landlord/agent?

Two letters about notice to tenant of failure to receive rent payment and late rent notice.

Gary Kollin
Gary Kollin answered on Aug 31, 2019

There is nothing that prevents ut

2 Answers | Asked in Estate Planning and Landlord - Tenant for New York on
Q: I'm a tenant in NY state. How long does it take to evict a tenant when owner is selling the house (and is family)?

My aunt has recently taken over my grandmother's finances. She has had many issues with my father and is not a nice person. She sent my family and I a letter stating once my grandmother passes, she will have control of the house and we will have 60 days to get out. We have been paying rent for 15... Read more »

Elaine Shay
Elaine Shay answered on Aug 24, 2019

Unless you are a rent-regulated tenant or have the protection of an unexpired lease, the owner of a property (or the owner's representative) has the ability to commence a holdover proceeding to recover possession of the rental unit after giving the tenant Notice of Termination. In the case of a... Read more »

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1 Answer | Asked in Landlord - Tenant and Real Estate Law for New York on
Q: Hi, I am renting a room from a tenant in NYC, she has asked me to leave.

Hi, I am renting a room from a tenant in NYC, she has served me a 30 days early termination of sublease paper. I may not be able to find another place to live by September 1st, and am planning on staying if that is the case. Can she legally do this? What will be the next steps for her if I don’t... Read more »

Elaine Shay
Elaine Shay answered on Aug 12, 2019

The terms of your sublease and the type of and manner in which you were served are all relevant to determining in your roommate is acting properly. Regardless, if you do not comply with the demand to vacate, the tenant's next step would be to serve you with court papers to seek your eviction.

1 Answer | Asked in Landlord - Tenant for New York on
Q: One month prior to the lease expiration and given oral notice for non-renewal. The tenant stayed after lease expired.

I send out an written notice of termination with 1 week extension. Would that be sufficient to proceed for eviction process in NYC.

Elaine Shay
Elaine Shay answered on Aug 12, 2019

Probably not. The Tenant Protection Act of 2019 ("TPA") which was recently adopted by New York creates additional protections for tenants and imposes expanded responsibilities on owners seeking to recover possession of rental units. Since the change to the law is so recent, even the NYC Housing... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Landlord - Tenant for New York on
Q: Landlord walked in on me changing, I didn't pay rent because of it, they want to evict me. What action can I take?

My landlord/owner of the house I'm renting the basement opened my locked door while I was changing, walked right in. I did not pay rent for July ($200, verbal agreement to pay by the last day of each month) and was given a notice to pay within 2 weeks or vacate the premises. However, they made it... Read more »

Elaine Shay
Elaine Shay answered on Aug 9, 2019

From the description of your living arrangements, I suspect that the unit is not "legal". As a result you may have defenses to claims for unpaid rent. However, unless you have a lease or are rent-regulated, provided the proper court process is commenced, the landlord will ultimately be entitled... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Landlord Installed the Wrong Sink/Faucet and Won't Fix It

We live in a rent stabilized NYC apt. Our bathroom sink had cracks that finally caved in leaving a hole.

After 6 years with a dedicated super, the landlord decides they'll only have a part-time Porter for cleaning & a tech/repair person only on a contract basis. So management orders the new... Read more »

Elaine Shay
Elaine Shay answered on Aug 5, 2019

If you have conditions in your apartment that you believe would constitute a violation, you can start an HP Proceeding in Housing Court. An inspector will be sent to your apartment and issue a report of any violations that are determined to exist and the landlord will be required to fix the... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Tried to break lease when I bought a home. Complex said no I have to sublease with a 300.00 fee and another deposit.

Is this legal...been there 5 years and I have to find the tenant even though their turnaround is high. Manager said they started subletting program 2yrs ago because too many people were buying houses our lease is a one year lease with no mention of subletting. I am now paying rent and a mortgage... Read more »

Elaine Shay
Elaine Shay answered on Aug 5, 2019

If your lease has not yet expired and you are attempting to get out of your contractual obligation to pay rent for the remaining unexpired term, the landlord has a right to negotiate for the terms that they are willing to consider. If an agreement can't be reached, a tenant generally remains... Read more »

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