Lawyers, Answer Questions  & Get Points Log In
New York Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for New York on
Q: How do I figure out how much extra rent to charge a tenant who is adding her boyfriend to the lease? I pay utilities.
Tim Akpinar
Tim Akpinar answered on Feb 24, 2020

This is something on which a landlord-tenant attorney could advise best, but your post remains open for four weeks. Part of the equation might rest in whether you are happy with them and would not want to lose them as a tenant. Good luck

Tim Akpinar

1 Answer | Asked in Landlord - Tenant and Real Estate Law for New York on
Q: Do I have to file a 2nd Eviction order if my tenant doesn't move out ?

My tenant got a order to show cause after receiving a eviction notice.Do I have to file a new Eviction notice if she was granted a extension and doesn't leave?Do I have to call the marshal to schedule a eviction or will it be automaticaly?or do I have to wait 14 days after she's scheduled to move... Read more »

Elaine Shay
Elaine Shay answered on Feb 24, 2020

The Marshal will not automatically reschedule an eviction. The landlord or his/her attorney must take the initiative. Whether you have to serve a new notice depends on the exact language of the court order disposing of the OSC

1 Answer | Asked in Landlord - Tenant for New York on
Q: Do I have to leave or can the new owners buy me out? I have no place else to go.

I’m renting a room in a private house, no lease agreement only verbal. Owner hasn’t told me but heard he sold house. What are my rights in this situation, I have no place to go and been paying my rent faithfully. Please I need help.

Elaine Shay
Elaine Shay answered on Feb 23, 2020

If a property is sold, the new owner essentially steps into the shoes of the previous owner and does not have more rights than the previous owner with respect to existing tenancies. In New York, a landlord must commence a case in Housing Court to obtain possession of a rental unit from a tenant.... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: The law that was passed Feb 3/4th that says brokers are no longer allowed to charge a fee but then was revoked today..

If you signed you lease while the law was in effect, can the broker now try to back track and charge you a fee?

We signed our lease feb 7th and was told that we do not have to pay a brokers fee, now that the law has been placed on hold they want to charge us a fee

Elaine Shay
Elaine Shay answered on Feb 11, 2020

Answer will depend upon the terms of your contract

1 Answer | Asked in Landlord - Tenant for New York on
Q: With the new security deposit laws in NYC. Do I get my extra security deposit back that I paid prior to the new law.
Elaine Shay
Elaine Shay answered on Feb 3, 2020

When your current lease expires, you should be able to get back any extra security deposit should you decide to renew.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can a landlord evict me for not opening the door for inspection?

I received a eviction notice this week to leave by the 31st which is in 2 days. Btw I was at work.

Elaine Shay
Elaine Shay answered on Jan 29, 2020

Unless there was a case already pending, any effective legal steps the landlord could take towards evicting a tenant take much longer than two (2) days. Generally, tenants have an obligation to allow access to their apartments upon appropriate notice for the landlord to inspect and repair... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can Landlord enter a house that is rented by several tenants without notice? (State of New York - Long Island)

I live at the state of New York (long island), and have rented a house with several other tenants. Each one of us has its own lease contract. My lease contract specifies 24-hour notice for the landlord before entering the house! But my landlord kept entering the house without giving notice. Can she... Read more »

Elaine Shay
Elaine Shay answered on Jan 28, 2020

Usually, it is improper for a landlord to rent out individual rooms in an apartment to different tenants. Therefore, the bigger issue may be that the use of your apartment is illegal.

1 Answer | Asked in Landlord - Tenant for New York on
Q: I signed a lease in NJ & my parents are out of state & need me to care for them. Can I get out of my lease?

They own a home out there & I'm an only child.

Elaine Shay
Elaine Shay answered on Jan 23, 2020

The law varies in different states. You are more likely to receive a useful response if you post your questing in the New Jersey instead of New York section of this board.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: How do I get an “occupant” (per lease agreement) to move out of my apartment?

My ex-girlfriend is an “occupant” on my apartment lease (via a lease rider). She refuses to move out now that we have broken up. Can I give her a written notice period to get her to move out after a certain number of days? If not, is there another process to get her out of the apartment?

Michael David Siegel
Michael David Siegel answered on Jan 11, 2020

You need to get a court order to evict her. Or, let your landlord do it.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for New York on
Q: How long of a notice do I give the tenant for her to vacate the property i bought? Tenant has no lease and $0 rent

I just purchased a duplex (close in a few days) in upstate NY and the lady that lives there never signed a lease and has never paid the Seller (her brother) rent in the two years that she has lived there. She wants to stay, but I have another tenant lined up to move in once she vacates the... Read more »

Michael David Siegel
Michael David Siegel answered on Dec 18, 2019

30 days is the safest. Why would you have closed on a property with an occupant. She is going to claim a lease and the seller is not going to come to court to help you.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Hi I rent a loft apartment in nyc I have a two year lease that is under rent stabilization law.

How could i find out if my apartment is protected under the nyc loft law? Where could i find out what the status of my apartment?

Michael David Siegel
Michael David Siegel answered on Dec 18, 2019

Call the NYC Loft Board. You can dial 311.

1 Answer | Asked in Landlord - Tenant, Family Law, Child Custody and Public Benefits for New York on
Q: Can the state of New York or landlord kick someone out of there apartment if they’re in desperate need?

Hello I’m Lucy. The kids next door are 18, 16 & 13 years old, lost there mom and there dad isn’t in the picture but there aunt that lives upstairs and also has 3 kids will soon have custody of them, Which is great but they can’t all live in one apartment and can’t afford a bigger place.... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Dec 12, 2019

The children should qualify for social security and they may also be entitled to public assistance grants. They should check with the department of social services.

1 Answer | Asked in Landlord - Tenant for New York on
Q: I have a rodent problem and many repairs that my landlord wont address and im in fear of evection if I push the issue.
Elaine Shay
Elaine Shay answered on Dec 5, 2019

If the landlord is not address issues with rodents or required repairs, a tenant can commence a HP Proceeding in Housing Court to compel the landlord to act.

1 Answer | Asked in Landlord - Tenant for New York on
Q: What do I do if a tenant stays after their lease has ended and I have a new tenant scheduled to move in?

I have a tenant who had a month to month lease. The tenant was here less than 6 months and was given a 30 day notice of non-renewal. She is still here passed the lease end date. How do I get her to leave?

Elaine Shay
Elaine Shay answered on Dec 2, 2019

If a tenant does not vacate at the end of his or her term, a landlord can commence a holdover proceeding to obtain a judgment of possession and schedule an eviction. The process can take a good amount of time so the sooner you get started the better.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: How should I proceed?

Hello counsel. I’m renting a room for 13 months. Payments are always due on the 27th day of the month (the day that I moved in). On the 23rd of this month (11/23) I gave my landlady and roommate a 30 days notice. I did not pay the rent, thinking’s that I could use my deposit. She texted me... Read more »

Michael David Siegel
Michael David Siegel answered on Nov 30, 2019

You are supposed to pay the rent. However, practically, you cannot be evicted any quicker.

1 Answer | Asked in Real Estate Law, Contracts, Criminal Law and Landlord - Tenant for New York on
Q: Does a lease have to include all terms and conditions?

I live in upstate NY and currently trying to break my lease due to unsafe living conditions such as broken windows in common areas (It's 20 degrees right now), harassment by other residents, drafty windows and poor heating (Again, Upstate NY is really cold), and so much more. I emailed my... Read more »

Elaine Shay
Elaine Shay answered on Nov 22, 2019

From the description you provided, it appears that the property manager is not adding terms to the lease but allowing you to negotiate for an early termination for the payment of a fixed sum. This type of early termination fee is commonly negotiated regardless of whether it is included in the... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Landlord tenant issue - selling property

I have been living in my apt for 5 years 2 month. 1st year I had a lease then month-to-month (I guess)

Then mid Oct I recieved a call there needs to be a home inspection. OK porential buyers want to keep me. SO far so good

Fast forward, Nov 22, landlord calls me, you must be out... Read more »

Elaine Shay
Elaine Shay answered on Nov 22, 2019

If the premises is not rent-regulated and you don't have the protection of a current lease, the landlord can request that you move upon 90 day written notice. In the event that you don't vacate by the expiration of the notice period, the landlord would have to next commence a holdover case in... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: Due to negligence on my landlords part- my bathroom ceiling collapsed on me.

Other than that- there are other serious issues with the apt such as the building hasn’t had gas for close to a year- wanted to see if i had an actual case of suing

Elaine Shay
Elaine Shay answered on Nov 21, 2019

You can consult with a personal injury attorney regarding the possibility of commencing a case for any personal injury to determine if you have a claim worth pursuing. As for the conditions in the apartment, you may commence a HP Proceeding in Housing Court against your landlord to obtain an order... Read more »

1 Answer | Asked in Business Law and Landlord - Tenant for New York on
Q: Can my landlord tell me that I’m not allow to sell my business ?

Even if the buyer qualifies with the landlord requirements

Michael David Siegel
Michael David Siegel answered on Nov 15, 2019

Depends on the terms of your lease, which govern.

1 Answer | Asked in Civil Litigation, Civil Rights and Landlord - Tenant for New York on
Q: I want to know what law and rules the new owner of the property has to follow to evict me. I think he is breaking laws.

He claims he mailed papers but I have not received them. Tonight he was supposed to serve papers, he claimed they were the second round. He wanted to bring them to me at 8pm on a Thursday night. I work 7am-4pm and I do not get home until 530 with picking my daughter up from daycare. He has not... Read more »

Michael David Siegel
Michael David Siegel answered on Nov 15, 2019

You obviously know about the case. While the court will undo any defaults, etc., from lack of service, you should ask for the papers again, or go to the clerk to get them, and not ignore this. Playing the service issue might work, but also might not.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.