Elaine Shay's answer According to the factual description you presented, although a foreclosure judgment was entered the actual sale has not taken place and is instead scheduled for May 2019. Until the property is sold at auction, the owner named in the foreclosure action would remain entitled to collect rents from the property until the auction unless a receiver or other type of order impacting rent collections had been entered.
Elaine Shay's answer Unless you are in a rent-regulated apartment or have the protection of a lease, a landlord is permitted to verbally request that you move. If you fail to do so, the landlord may be required to serve a written notice before commencing a Holdover Proceeding in court to obtain a final judgment of eviction before actually being able to evict you. If you receive papers about the matter, don't ignore them.
Elaine Shay's answer Generally, in New York, you are expected to pay rent and/or use and occupancy for the time you occupy a premises. This is usually true even if you are being asked to relocate by the landlord. When you rent a premises you do so for a limited period of time and unless the property is rent regulated you are not entitled to a renewal lease so are expect to move.
Elaine Shay's answer Generally, the most appropriate forum to demand repairs in a landlord/tenant situation is in Housing Court through an HP Proceeding. It would be unusual, costly and most probably substantially slower to try to commence a case in Supreme Court to compel repairs.
Elaine Shay's answer Landlords have the obligation to provide heat, hot water and other essential services. If these services are interrupted while repairs are being made, tenants may have the right to a rent abatement and may commence HP Proceedings in Housing Court where violations and hefty civil penalties can be imposed against landlords.
Elaine Shay's answer Unless you were issued an Order to Vacate, it is likely you confused what the inspector told you. I'd guess the inspector told you the landlord will have to send you a 30 Day Notice not that you must actually vacate in 30 days. There is a world of difference between the two and with proper legal representation you may be able to have substantially more time to move and even a financial settlement to help you do so.
Elaine Shay's answer If the property is not rent-regulated and you do not have a current lease, the landlord may seek to compel you to move by serving you a Thirty (30) Day Notice. If the tenant fails to vacate at the expiration of the noticed period, the landlord can commence a holdover proceeding in court to obtain authorization to move forward with an eviction. If the landlord makes any technical mistakes or there are other defenses, a tenant may succeed in having a case dismissed.
Elaine Shay's answer In NYC, a landlord is immediately able to commence a holdover proceeding in Housing Court upon the expiration of the lease. If a landlord accepts rent from a tenant after the expiration of the lease, a month-to-month tenancy is usually created and must be terminated by service of a thirty (30) day notice prior to commencing a holdover proceeding. If you are unhappy with the tenant and may be facing problems with the condo/coop because of suspected Airbnb use, you would probably want to act as...
Elaine Shay's answer NY tenants may be entitled to a rent abatement if a landlord fails to make necessary repairs or provide services. That does not automatically mean a tenant "can" withhold the entire month's rent and a landlord can still commence a nonpayment case. However, to avoid legal fees and further deterioration of the landlord/tenant relationship, it might be more productive to address the stove issue by replacing the equipment or offering a partial rent abatement for the delay caused by the back order...
Elaine Shay's answer Your best bet is to move forward expeditiously with the eviction process. In the meantime, you should consult with the attorney handling your landlord/tenant matter regarding obtaining access.
Elaine Shay's answer The issue of what a Co-op can do is controlled by a combination of the by-laws, proprietary lease and relevant laws. Assuming these support the ability of the Co-op to collect for the cost of the repair, you may need to seek judicial relief in the form of a stay to prevent the collection of the cost of repair until after the dispute is resolved.
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