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 »
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.
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 »
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.
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.
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 »
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 »
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 »
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.
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 »
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 »
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 »
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 »
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 »
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 »
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 »
The tenant has flooded his room, and we can not prove it yet, but we want him gone immediately. How do I do this? I gave him a termination of lease but in the state of new york says have to give them 30 day notice from his next rent due date, so that makes him eligible to stay too long. Can we make... Read more »
Curious how you are renting a "room" unless you have an SRO. In any event, you may simply want to consider negotiating a settlement as litigating the matter will take longer than you seem prepared to deal with.
If you are in a rent-regulated apartment, there are certain circumstances where immediate family members who have been living with you the requisite time period may obtain rights to renewal leases in their names. In non-rent-regulated apartments, there is no such right and the terms are governed...Read more »
It depends. Does your old lease have a termination clause? Does it state the your tenancy reverts to a periodic term, such as month to month? If your landlord continues to accept rent from you, the general rule is that it is considered a month-to month, but your do lose the protection that a lease...Read more »
Not necessary if you can understand the language, but a good idea if there's anything in there that is worded so as to make it difficult to understand. Having a lease reviewed should not cost too much and can save you a lot of grief.
This depends on what is stated in the lease. Sometimes, leases provide for these situations, so without seeing yours, this is not an easy question to answer. Generally, if a lease has expired, and there is no provision therein for an automatic renewal or change in tenancy status (such as reverting...Read more »
Generally, a landlord is not precluded from commencing a nonpayment proceeding simply because of a dispute with a tenant over other issues. If the money is owed it is not retaliatory to simply demand payment that is due.
Your history of breaking leases is not generally tracked by credit bureaus or any other repository of information. However, if those incidents resulted in a judgment or collections activity your credit may be affected.
Had a rent to own agreement with a couple who have split. She moved out he stayed on but recently stopped paying rent. We inspected the property and found dog feces throughout, they did not ask permission to have pets, animals were neglected and we had to call ani al control to have them removed.... Read more »
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