Get free answers to your Landlord - Tenant legal questions from lawyers in your area.
My tenant and I verbally agreed to extend a one-year lease without signing a new written agreement. They've been paying rent via direct deposit monthly, from the 1st to the last day of the month. The tenant sent a 30-day notice on May 4th, stating they intend to vacate by June 3rd, citing New... View More 
answered on May 20, 2025
Dear Manhattan Landlord
New York State Real Property Law Section 232-b is not a statute that relates to tenancies in New York City.
A NYC tenant is not required to provide advance written notification to end the month to month tenancy. In order to avoid owing the entire rent due... View More
I'm facing a notice of termination for my apartment lease due to material non-compliance, specifically non-payment of rent for April and May and repeated late payments. The lease is scheduled to end on 5/31/25. I haven't been offered any options to address the owed rent or negotiate terms... View More
answered on May 16, 2025
You reside in a city where the New York State Good Cause Eviction Law impacts certain tenancies and restrains the landlord's authority to terminate tenancies and refuse to renew leases. It is impossible to determine from the statement you provided if the landlord served the proper written... View More
I have been granted an uncontested divorce, but my ex-husband refuses to leave the property, which is legally in my name. There are safety concerns regarding his presence, and attempts to resolve the situation amicably have failed. No legal agreements were set during the divorce, and we have one... View More
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answered on May 16, 2025
The answer to your question about your husband leaving the marital home should have been answered in the divorce documents. Assuming you were awarded sole ownership of the marital residence, or exclusive use and occupancy, there should have been a vacate date for him. If he will not leave, your... View More
I have been granted an uncontested divorce, but my ex-husband refuses to leave the property, which is legally in my name. There are safety concerns regarding his presence, and attempts to resolve the situation amicably have failed. No legal agreements were set during the divorce, and we have one... View More
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answered on May 18, 2025
I understand how frustrating and stressful it can be to deal with an ex-spouse who refuses to leave your property after a divorce. Since your divorce is uncontested and the property is legally in your name, you have several legal options to address this situation under New York law.
First,... View More
I have been dealing with unresolved issues in my apartment since 2019, including mold, plumbing problems, and rental breakdown. Despite reaching out to my landlord numerous times, these issues remain unresolved. I have also contacted Code Enforcement multiple times and have all the notices... View More
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answered on May 16, 2025
The answer to this question is tricky. Are you speaking about simply the "conditions" of the space, or personal injuries suffered as a result of those conditions. If you are speaking about personal injuries, you should certainly contact an attorney to investigate the causal connection... View More
I have been dealing with unresolved issues in my apartment since 2019, including mold, plumbing problems, and rental breakdown. Despite reaching out to my landlord numerous times, these issues remain unresolved. I have also contacted Code Enforcement multiple times and have all the notices... View More
answered on May 20, 2025
Dear Bronx Tenant
Yes. A special lawsuit exists in New York City that allows a tenant to sue a landlord for repairs. This is the HP Proceeding. A tenant is entitled to go to court without even waiting for violations issued by the HPD Office of Code Enforcement.... View More
I have been living with my best friend in his rent-controlled apartment in NYC, NY, for 13 years. We shared expenses equally for rent, utilities, and other bills, and even faced housing court together with my name on related stipulations. After my friend recently passed away, I'm seeking to... View More
answered on May 16, 2025
Dear Potential Successor Tenant:
Are you certain about the rent regulation status of the apartment? Rent Controlled tenants had to be in a landlord and tenant relationship in the apartment before June 30, 1971. You should look up NYC Rent Control Tenancy Succession rights. Usually, the... View More
I am listed as a tenant on an original lease that became a month-to-month lease after the first year. I have recently moved out after purchasing a condo, but my roommates are staying in the apartment. I have been directly paying the rent for several years and am listed as a tenant. My roommates... View More
answered on May 16, 2025
Dear Brooklyn Tenant:
It seems you hope to bring about a stealth tenancy. Generally, when the tenant of record moves out, Roommates do not have any legal ability to succeed to the rights of the tenant, and could be evicted by a court of competent jurisdiction.
"...6. No... View More
I have been dealing with excessive noise from my downstairs neighbors since they moved in about a year ago. The noise, which includes stomping and banging, occurs multiple times a day, often beyond the 10pm quiet hours stated in both local ordinances and my lease agreement. I've made three... View More
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answered on May 6, 2025
Greetings:
As a Residential Tenant in NY, you are afforded a right to "quiet use and enjoyment" of the premises you are renting. As you are being deprived of these rights after voicing complaints to the Landlord, the Landlord can be considered to be in breach of the Lease and NYS... View More
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?
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 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 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
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