Before moving to the apartment she told us no noise and she wants people who don't smoke drink loud parties etc. She also wants us to hang out with her and her family we said " no besides its covid19." We moved in because we desperately needed an apartment. Two weeks in she started... Read more »
Maybe. It would be better to have an attorney write a letter providing notice and withholding rent while you save. You have use and occupancy, so it will be hard to claw back any serious money. Definitely consult an attorney.
It isn't unusual for residential rental agreements of various types to be verbal instead of written; therefore, no need to be overly alarmed that any agreement is not in writing. Unfortunately, it is difficult to understand from your post who "they" may be but I assume you are...Read more »
I’m not sure what type of notice you received. If you are doing something in violation of your lease, the normal process is to serve you with a Notice to Cure. That gives you a short time to correct the offending condition. A Notice to Terminate your lease would be inappropriate if this is the...Read more »
My former landlord refused to pay my deposit because the tenants with whom I jointly signed the October 2019 - September 2020 lease contract decided to renew the lease. And even if I vacated the apartment at the end of the lease and return the keys, he will not refund my deposit.
If the landlord has entered into a lease with the remaining tenant, the prior security deposit should be returned with the remaining tenant paying the additional security that will be due. You may consider bringing your landlord to Small Claims Court to obtain a refund.
Unfortunately, no good deed goes unpunished. In NYC once someone has resided in a home for 30 days or more, a court order of eviction is required before a tenant can be legally evicted. If your friend will not voluntarily leave, you would need to start a holdover proceeding in Housing Court to...Read more »
You may not be able to do that as a landlord/owner under Real Property Law - RPP § 235, et al. You should be able to negotiate a termination of the existing lease with the trenant, addition of another individual to the lease along with increased rent amounts, assuming that there is no applicable...Read more »
A landlord-tenant attorney could offer the best insight here in terms of rights and duties that run with the lease relationship, but your question remains open for two weeks. From a personal injury standpoint, most attorneys are reluctant to handle such cases. Mold is prevalent in many places, and...Read more »
I am currently living in NYC and am on a lease that ends May 31, 2021. However, my roommate and I have decided to vacate the property early. Our landlord has agreed that he will list the property and we hope to get someone in by the time we are out (end of March).
When you break a lease, damages would typically be measured as the total amount of unpaid rent for the remaining term. In the case you described, the landlord has taken steps to mitigate or lessen the total amount of damages by finding a substitute tenant. If the substitute tenant's rent is...Read more »
2/2/21/ which the landlord told me the apartment was all set to move in . here we are going into 2/5/21 and i still have not received my keys or heard from the landlord. even though i signed a lease can i ask for my money back?? by time i move in it will be 2/7/21 at the earliest and then i will... Read more »
Failure to deliver possession may be a justification for terminating your lease; however, it depends on the specific language in your lease. Regardless of when the landlord is able to deliver possession to you, the tenant should be entitled to a rent abatement for any rent due before granted...Read more »
Despite the termination notice, you won't probably be able to bring a proceeding against your tenant until at lease May of 2021 in NYC if nonpayment of the rent is the only cause for the prcoeeding (as opposed to the tenant's doing something illegal in the premises or banned in violation...Read more »
How can we encourage her to pay the rent before we close, and what should we tell the buyers about this difficult tenant? Her lease runs through August, at which point the buyers intend to take possession for owner occupancy.
So it depends! You may just want to elect to eject or evict the tenant—or work something out with the tenant. There are too many options and variations to write here. Consult with an attorney in NY. I handle these situations regularly!
We need clarification. Damages were caused to your personal property due to the existing mold, and you are trying to recover monetary compensation? Or you see mold in your apt, etc, which makes you sick, etc?
If the former, yes, but you need to establish all the elements to get recovery....Read more »
For the last 2 1/2 years I’ve had a leak in my roof that I brought to his attention and he told me he would fix it and kept putting it off and finally this past year it got worse and worse and when I started bringing it up to him more and more to fix it that’s when I started having issues with... Read more »
Whether you honor the landlord's request that you move in 10 days is up to you. However, if you choose not to honor the request, the landlord will have to serve you with a 90 day predicate notice that your lease, if any, will not be renewed or your tenancy will be terminated. After that the...Read more »
You may need to review the lease between the current owner /landlord and the month-to-month tenant to see if the occupant is a month-to-month tenant. You may want to review the expired lease between the owner and the tenant.
The best way is to have the current owner to get the tenant our...Read more »
Very likely yes. It's not about whether the landlord/owner is living in the building or space. It's about whether you are lawfully occupying the dwelling unit, has a valid lease, etc. If you are a lawful occupant, then any attempt by the owner/landlord to evict you for not-legally...Read more »
I don't see a question here, but the clause is not unique in commercial lease in NY. That's among the terms and conditions where lawyers for the parties involved negotiate vigorously for their clients.
The answer mostly depends. Does your landlord need to block your way temporarily to make repairs, structural changes for safety for the building, etc? If not, you need to carefully review the lease as to what space constitutes the premise...Read more »
I have an LLC that holds a Brooklyn residential property. I have an LLC that holds a South Carolina property. Let's say that a resident of the Brooklyn property sues me, receives a money judgment and exceeds the insurance payout. Would they be able to go after the equity in my LLC (that holds... Read more »
As long as you are operating the LLC as a distinct and separate entity, liability is limited to the assets of that LLC. To go after you personally or your assets, someone would have to show that you are not operating the LLC as a separate entity, that you are commingling funds and ignoring the...Read more »
I am currently an owner of a 2-family home in Brooklyn. I currently rent out the units, as well as rent to a tenant in the cellar. The cellar is not a legal unit. Having read some literature, I am aware that if a fire were to occur, I could be held criminally liable if the cellar tenant were to not... Read more »
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