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.
Elaine Shay's answer Generally, in non-emergency situations, neither the landlord or landlord's agent is permitted to enter a tenant's apartment without notice. In your description of the problem, you mention having four roommates each with your own separate lease and assigned room. Depending upon the type of property you are residing in, it is not legal for a landlord to rent individual rooms in an apartment to separate tenants.
Jonathan David Warner's answer No, not generally, but sometimes a Judge will grant some *limited* timeline (a few weeks, maybe) for you to vacate the property.
For what it's worth, and with all due respect, this is almost definitely not the first notice you've received. If you want to protect your children, it's best not to ignore these Court notices and to move out of your home quickly. While moving is not always easy, it's better to do so on your own terms - and without the Sheriff's deputies forcibly evicting you...
Elaine Shay's answer In NYC if a landlord fails to make necessary repairs, a tenant may commence an HP Proceeding in Housing Court. A housing inspector will inspect the premises and report any violations so that the landlord can be compelled to make necessary repairs.
Elaine Shay's answer In order to evict a tenant in New York City, a case must be commenced in Housing Court. Before commencing the case, certain predicate notices must be served. If you are a tenant without a written lease in a non-regulated apartment, you should expect to receive a 30 Day Notice before any court papers. Once a judgment of eviction is obtained in Housing Court, the court has the ability to stay the eviction for a maximum of six additional months.
Elaine Shay's answer So it sounds like the Landlord was not satisfied with the papers you provided and is taking steps to commence a holdover proceeding to evict you from the apartment. A Notice to Cure is the first predicate notice usually served in the process followed by a Notice of Termination and then the Notice of Petition & Petition. Provided you defend the Holdover Proceeding the Landlord seems intent on commencing, you should be able to avert an eviction if the dog is an eligible medical need....
Elaine Shay's answer There are a number of things that you can do to compel your landlord to make repairs. The first would be to commence an HP Proceeding in Housing Court to correct any violations. However, you may also attempt to seek a rent abatement because of the conditions in your apartment. Individuals are not required to have representation to attempt either but it often benefits them to do so.
Elaine Shay's answer Without reviewing the entire stipulation, an accurate answer to your question cannot be provided. If you had an attorney represent you in the case, you should direct your question to that attorney.
Elaine Shay's answer Unless you are a rent-regulated tenant, your lease provides the basis for your rights and obligations. If the lease provides that the landlord can terminate the tenancy on 60 days notice without cause, then the fact that the landlord may elect to do so to facilitate a sale of the property would not be a defense. However, if you fail to voluntarily vacate at the end of the 60 day notice period, the landlord could not simply lock you out but would be compelled to commence a holdover proceeding...
Elaine Shay's answer If you are not rent-regulated and do not have a lease, the landlord can seek to terminate your tenancy without cause. However, if you do not voluntarily surrender the apartment, the landlord will be required to commence a holdover proceeding in Housing Court to regain possession of the apartment. With the proper representation, favorable terms may be negotiated to assist you with the relocation process.
Elaine Shay's answer Since you describe living in a basement apartment, it is likely that you are living in one of the many "illegal" basement apartments that are common in the area. Therefore, it may not be safe for you to live in the apartment with your children. Ultimately, you will have to move if the landlord seeks to evict you through Housing Court but it is possible that a lawyer could help you negotiate favorable terms from the landlord that would help you get a fresh start.
Elaine Shay's answer Tenants have numerous rights but some vary depending upon the the size of the building and whether the tenancy is rent-regulated. If an apartment is not rent-regulated and a tenant does not have a lease, the landlord has the right to terminate the tenancy and seek to recover the apartment through a holdover proceeding in Housing Court. Think of it as a no-fault eviction. However, even in this scenario the landlord has to follow a number of rules to successfully obtain a judgment of eviction...
Nina Mironenko's answer When you lease the there is a warranty that the premises are "habitable", which your house is not given the black mold. Contact the landlord (with the correct notice as per your lease) advising that the premises are not habitable due to the black mold. If he refuses to return your money ( I would also demand broker's fee if there was one) you must go into landlord tenant court.
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