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New York Landlord - Tenant Questions & Answers
1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Private house Section 8

I would like to know If I should hire a lawyer.

I am on Section 8 and I live in a private house. The house I live in was sold, the new owner has been harassing, intimidating me and now he says he wants to evict me because I complained to the city. I have a year lease that was put in place... Read more »

Michael David Siegel
Michael David Siegel answered on Sep 21, 2021

Call 311 and report these violations. The City will be on this immediately.

1 Answer | Asked in Landlord - Tenant for New York on
Q: My daughter lives in New York City and co-signed an apartment lease with my wife and I as guaranteers.

The landlord is threatening to sue my daughter for supposedly back rent and the back rent of others who he allowed to live in the apartment at the same time my daughter did. He is sending threatening email and text to my wife and I as well. My wife and I live in Arizona. My daughter requested a... Read more »

Elaine Shay
Elaine Shay answered on Sep 19, 2021

When tenants sign a lease with co-tenants or have roommates live with them and share rent expenses, the landlord can hold either tenant responsible for the full amount of the rent due under the lease. Unless a guaranty is limited in some manner, the guarantor obligates him or herself to do... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: Landlords voided our lease without informing us

Hi! My roommate and I signed a lease together on August 31 for September 1 however we were told the apartment would not be ready until the 10th. We contacted them on Tuesday the 7th and were told that our lease cannot be allowed as it was double-sided. So we then resubmitted the lease. And we were... Read more »

Elaine Shay
Elaine Shay answered on Sep 9, 2021

It isn't clear from your post whether you have been dealing directly with the landlord or through a real estate agent/broker. If you were dealing with a broker and have not received a fully executed copy of your lease, you probably don't have a binding contract yet. If you do have a... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: If I move, am I responsible for the removal of a squatters belongings? I’m in Brooklyn, NY.

This person has refused to leave my apartment and I feel it’s better if I move. He’s never been on the lease and was only her to assist me as I am disabled and need attendant care. But he has a ton of stuff and I don’t want to be responsible for paying to move his stuff. I’ve been to... Read more »

Elaine Shay
Elaine Shay answered on Sep 8, 2021

In order to successfully effect a surrender of an apartment to the landlord, it must be vacant of all occupants. If the tenant allowed someone else to also reside in the apartment, regardless of whether that person is referenced in the lease, the tenant remains responsible to the landlord until... Read more »

2 Answers | Asked in Landlord - Tenant and Real Estate Law for New York on
Q: Can you sue your landlord for moving expenses due to uninhabitable conditions?

can you sue your landlord for moving expenses due to uninhabitable conditions such as creating rodents, electrical conditions, no hot water, and stirring up asbestos by doing illegal renovations to a house? dust was all over the place. (breaking of walls) ( I had the items tested, it contains... Read more »

Michael David Siegel
Michael David Siegel answered on Sep 7, 2021

It depends on the terms of your lease. But in general, likely yes.

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1 Answer | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for New York on
Q: I live in auburn New York I had a flood in my apt it was sewage do I have a case

I was out of my apt last year for 3 in a half months for this they told us it was fixed and I lost a lot of furniture and clothes I would like them replaced and 2 plus 4 says they are not replacing anything

Elaine Shay
Elaine Shay answered on Sep 3, 2021

Ideally a tenant should maintain renter's insurance to cover damages to his or her personal belongings. In the event a tenant a tenant does not have insurance coverage to cover his or her losses, a landlord may be responsible if the flooding can be proven to be due to the landlord's negligence.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for New York on
Q: I am on section 8 and my landlord wants to do renovations

I am on section 8 and my landlord wants to do renovations in the whole house without a permit and I think there is asbestos in the walls. Can I stop him until I get it checked out, or do I need to go to court to force him to stop?

Elaine Shay
Elaine Shay answered on Sep 3, 2021

If your landlord begins renovations and does not have proper permits, you can call 311 to be referred to proper DOB office to report work without permits. If an inspector finds work is being done without the proper permits, a Stop Work Order can be issued.

1 Answer | Asked in Criminal Law, Landlord - Tenant and Libel & Slander for New York on
Q: I believe the location where I have been staying at is mixing the bathing water with sewer water or feces...options?

I've been staying there for 9 months my whole body smells like the stuff I've seen four dermatologists and they've said nothing is wrong. I believe it may be some form of secret society group at work. Idk if I go to police if I will be taken seriously.

Stuart Austin
Stuart Austin answered on Sep 1, 2021

I think the best way to be taken seriously and to either prove or disprove your point is to take a video of someone collecting a sample of the water and then sealing and sending that sample for testing to a lab.

Good Luck

1 Answer | Asked in Landlord - Tenant for New York on
Q: A friend paying the rent with his check. Lease is on my name. NYC landlord suspicious.

Mid year through the lease, I had to move out but the landlord did not want to break the lease even with three months notification. A friend moved in and has been paying the rent with personal check. The landlord is now suspicious. What can I do?

Elaine Shay
Elaine Shay answered on Sep 1, 2021

If you moved out and had someone not on the lease move in to the apartment and pay rent, you have effectively subleased your apartment. Most leases prohibit tenants from subleasing without the landlord's consent. You ask, "What can I do?" The answer to that question depends upon... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can my landlord put me out with just a 90 notice
Elaine Shay
Elaine Shay answered on Aug 30, 2021

If you are not protected under any of the existing rent regulations and you don't have a current lease, the landlord may properly serve you with written notice terminating your tenancy on 30-90 days notice. If you fail to vacate, the landlord would then have to commence a holdover proceeding... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: I'm renting a house w/ lease stating "Yearly lease has potential for renewal up to 3 years" Can I stay if owner returns?

I am renting a house with a 3 year possible commitment. The lease states: "Yearly lease has potential for renewal up to 3 years with the rate staying the same and after the first year the ability for tenants to give 30 days notice of vacating without penalty" If the owner decides to... Read more »

Elaine Shay
Elaine Shay answered on Aug 30, 2021

Leases, like other contracts, cannot always be accurately reviewed by looking at just one sentence or clause. Therefore, your best course of action to obtain an accurate answer to your question would be to forward the entire lease to an attorney and have it reviewed.

1 Answer | Asked in Civil Rights, Health Care Law and Landlord - Tenant for New York on
Q: I have postural orthostatic tachycardia syndrome which limits my mobility. I contacted my APT which denied a request.

When contacting the APT they claimed that I would have to get a handicap pass and then use those spots which I told them that I did not need a spot within 200ft and just need it in the front lot compared to the back lot which is much further

Tim Akpinar
Tim Akpinar answered on Aug 27, 2021

This is something that only the experienced landlord-tenant attorneys here are qualified to advise on. But your post remains open for three weeks, and you have a medical condition that is creating a hardship for you. You could reach out to the landlord-tenant attorneys here (using the Find-a-Lawyer... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: Landlord is trying to get my wife to reapply for her rent-stabilized apartment instead of renewal.

My wife is a co-tenant in a rent-stabilized apartment. The other tenant moved out and severed contact with us. When we informed them, the management company told us that we had to reapply for the apartment instead of offering a renewal. Shouldn't my wife automatically be offered a renewal as a... Read more »

Elaine Shay
Elaine Shay answered on Aug 23, 2021

When adding or deleting co-tenants to a rent stabilized lease, the landlord is generally permitted to issue a new lease instead of a renewal lease. However, this does not automatically mean that the landlord has the option to decline issuing the new lease to an existing tenant.

1 Answer | Asked in Landlord - Tenant for New York on
Q: I’m in NY. Can you tell me the law for eviction where there is no lease in place with no rent?

Brother will not leave my parents house. He has caused damage to their property, involved in drugs and has verbally threatened them. He refuses to leave. He has been there going on 2 years.

Elaine Shay
Elaine Shay answered on Aug 18, 2021

In family situations, Housing Court may not be the appropriate route and an ejectment proceeding may have to be commenced. The determination of which court to proceed in and the required notices can you complicated for a non-lawyer to properly navigate. Therefore, consider retaining experienced... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for New York on
Q: I live in a non smoking apartment complex. Cigarette smoke in my apartment.

This has been going on since the beginning of this year. Landlord said they could not evict anyone because of covid-19. Second hand smoke is considered a health hazard. I had found that the Landlord can evict someone because of a health issue. How can I have my Landlord to honor there non smoking... Read more »

Elaine Shay
Elaine Shay answered on Jul 19, 2021

It has been extremely difficult for landlords to move landlord/tenant cases forward during the Covid-19 pandemic. For tenants that have filed Hardship Declarations, proceedings are stayed through August 31, 2021, except in very limited cases of extreme nuisance. Not to suggest that the health... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for New York on
Q: If information isn’t printed legibly in a lease is it still valid?

My husband signed a one year lease but ended up getting a job in another part of the state so he needs to terminate his lease early. They are saying he needs to pay one month rent as an early termination fee. In the lease where that information is to be printed the space is empty and is actually... Read more »

Elaine Shay
Elaine Shay answered on Jul 12, 2021

Unless the lease contains specific provisions that allow for early termination, there is not right for the tenant to terminate a lease early and the landlord can seek to hold the tenant responsible for the full term of the lease. It is not uncommon for landlord's to request a payment to agree... Read more »

2 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Can the leasing manager say no to add a roommate in NYC?

I signed the lease in NYC. I asked to add my boyfriend as a roommate, and the leasing company said I could not add him because I already signed the lease.

The lease says it could be used as a residence only for myself and my immediate family, who has been living. But I thought the NYC... Read more »

Victor M. Feraru
Victor M. Feraru answered on Jun 28, 2021

The roommate law absolutely applies.

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1 Answer | Asked in Landlord - Tenant for New York on
Q: Can I be evicted if I provided a hardship declaration during covid
Elaine Shay
Elaine Shay answered on Jun 11, 2021

If you filed a Hardship Declaration, you can’t be evicted before the moratorium is over unless you are engaging in offensive or dangerous conduct. However, you remain fully liable for all rents due, even during the moratorium. The landlord will be able to commence legal proceedings to evict you... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for New York on
Q: one of my roommates wants to ask the landlord for me to be kicked off the lease. is he allowed to do that
Elaine Shay
Elaine Shay answered on Jun 2, 2021

A tenant to a lease cannot be unilaterally removed from the lease without his or her consent.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can a landlord deny me a rental because I have a baby? It’s 3 bedrooms 2 bath and they said it’s too small for 3 people

I applied for this place and in the description I mentioned That my fiancé and I have a baby, they responded that it’s “too small” for a 3 person family and that it would be better suited for a single person or a couple. It’s 1400 square feet, 3 bedrooms and 2 bathrooms. She said the... Read more »

Elaine Shay
Elaine Shay answered on Jun 1, 2021

In NYC landlord's cannot refuse to rent to a prospective tenant because he/she/they have children.

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