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New York Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for New York on
Q: I have a rodent problem and many repairs that my landlord wont address and im in fear of evection if I push the issue.
Elaine Shay
Elaine Shay answered on Dec 5, 2019

If the landlord is not address issues with rodents or required repairs, a tenant can commence a HP Proceeding in Housing Court to compel the landlord to act.

1 Answer | Asked in Landlord - Tenant for New York on
Q: What do I do if a tenant stays after their lease has ended and I have a new tenant scheduled to move in?

I have a tenant who had a month to month lease. The tenant was here less than 6 months and was given a 30 day notice of non-renewal. She is still here passed the lease end date. How do I get her to leave?

Elaine Shay
Elaine Shay answered on Dec 2, 2019

If a tenant does not vacate at the end of his or her term, a landlord can commence a holdover proceeding to obtain a judgment of possession and schedule an eviction. The process can take a good amount of time so the sooner you get started the better.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: How should I proceed?

Hello counsel. I’m renting a room for 13 months. Payments are always due on the 27th day of the month (the day that I moved in). On the 23rd of this month (11/23) I gave my landlady and roommate a 30 days notice. I did not pay the rent, thinking’s that I could use my deposit. She texted me... Read more »

Michael David Siegel
Michael David Siegel answered on Nov 30, 2019

You are supposed to pay the rent. However, practically, you cannot be evicted any quicker.

1 Answer | Asked in Real Estate Law, Contracts, Criminal Law and Landlord - Tenant for New York on
Q: Does a lease have to include all terms and conditions?

I live in upstate NY and currently trying to break my lease due to unsafe living conditions such as broken windows in common areas (It's 20 degrees right now), harassment by other residents, drafty windows and poor heating (Again, Upstate NY is really cold), and so much more. I emailed my... Read more »

Elaine Shay
Elaine Shay answered on Nov 22, 2019

From the description you provided, it appears that the property manager is not adding terms to the lease but allowing you to negotiate for an early termination for the payment of a fixed sum. This type of early termination fee is commonly negotiated regardless of whether it is included in the... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Landlord tenant issue - selling property

I have been living in my apt for 5 years 2 month. 1st year I had a lease then month-to-month (I guess)

Then mid Oct I recieved a call there needs to be a home inspection. OK porential buyers want to keep me. SO far so good

Fast forward, Nov 22, landlord calls me, you must be out... Read more »

Elaine Shay
Elaine Shay answered on Nov 22, 2019

If the premises is not rent-regulated and you don't have the protection of a current lease, the landlord can request that you move upon 90 day written notice. In the event that you don't vacate by the expiration of the notice period, the landlord would have to next commence a holdover case in... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: Due to negligence on my landlords part- my bathroom ceiling collapsed on me.

Other than that- there are other serious issues with the apt such as the building hasn’t had gas for close to a year- wanted to see if i had an actual case of suing

Elaine Shay
Elaine Shay answered on Nov 21, 2019

You can consult with a personal injury attorney regarding the possibility of commencing a case for any personal injury to determine if you have a claim worth pursuing. As for the conditions in the apartment, you may commence a HP Proceeding in Housing Court against your landlord to obtain an order... Read more »

1 Answer | Asked in Business Law and Landlord - Tenant for New York on
Q: Can my landlord tell me that I’m not allow to sell my business ?

Even if the buyer qualifies with the landlord requirements

Michael David Siegel
Michael David Siegel answered on Nov 15, 2019

Depends on the terms of your lease, which govern.

1 Answer | Asked in Civil Litigation, Civil Rights and Landlord - Tenant for New York on
Q: I want to know what law and rules the new owner of the property has to follow to evict me. I think he is breaking laws.

He claims he mailed papers but I have not received them. Tonight he was supposed to serve papers, he claimed they were the second round. He wanted to bring them to me at 8pm on a Thursday night. I work 7am-4pm and I do not get home until 530 with picking my daughter up from daycare. He has not... Read more »

Michael David Siegel
Michael David Siegel answered on Nov 15, 2019

You obviously know about the case. While the court will undo any defaults, etc., from lack of service, you should ask for the papers again, or go to the clerk to get them, and not ignore this. Playing the service issue might work, but also might not.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can I get rid of a tenant without stating the reason. How do I start this?

The tenant is doing drugs in the appartment

Elaine Shay
Elaine Shay answered on Nov 13, 2019

Determining the most expeditious way to proceed depends, at least in part, on what type of tenancy is involved. Does the tenant have a lease? How long has the tenant lived in the apartment? Is the apartment rent-regulated?

Answers to these and other questions will determine your options...
Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: Hi I was starting a business with a partner a few months later he step out now my landlord told me that my STDP isdouble

He told me that my credit is bad even thought I had pay him the 3 months of security deposit also he sent me a new bill saying I have not pay water for 11 months when when I show him my receipts and ask for my payments records he don’t want to show it to me

Mathew Paulose
Mathew Paulose answered on Nov 13, 2019

Greetings. Relationships with landlords are primarily governed by lease agreements. If you have one, please take your agreement to a lawyer. The lawyer will review it and the facts and provide you with a solution to your problem. Even if you don't have a lease agreement, the lawyer will be able... Read more »

1 Answer | Asked in Landlord - Tenant, Civil Rights and Communications Law for New York on
Q: So last night I accidentall locked myself out can I bill landlord/ super

I’ve only been here for almost a week. So last night I accidentally locked myself out of my apartment that I’m staying in. My girlfriend aka owner of apartment wasn’t home and the super “wasn’t available ” to help me. I’ve only been here for like almost a week. So I called fire... Read more »

Elaine Shay
Elaine Shay answered on Nov 7, 2019

Generally, the expense of damage cause to an apartment (or apartment door) is caused by a tenant or a tenant's guest the tenant is responsible to the landlord for these damages. In that situation, if the landlord's super repairs the damage, the landlord can seek recovery for the cost of the repair... Read more »

1 Answer | Asked in Animal / Dog Law, Civil Rights and Landlord - Tenant for New York on
Q: How do I file a claim against a lawyer (Versace) for discrimination?

I reside in the apartments he owns(big mistake). I have an ESA, and he's denying to accept it. Meanwhile I've seen 3 other dogs on the property.

Benjamin Z. Katz
Benjamin Z. Katz answered on Nov 6, 2019

You can file a complaint with New York State Division of Human Rights.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Hi, I have a question about rent stabilization, vacancy increases and preferential rents in NYC.

I recently requested my rent history. It tells an interesting story.

No one in my (formerly regulated) unit has paid the “legal rent” since 1993. All tenants have since paid a preferential rent, never more than $1,450. However, despite this, every time a tenant moved out (7 times in the... Read more »

Elaine Shay
Elaine Shay answered on Oct 29, 2019

The situation you described involving the preferential rent isn't surprising. The 18%-20% increase is generally associated with vacancy increases. If you want to challenge the deregulation, you can always take a shot with the DHCR

1 Answer | Asked in Foreclosure, Real Estate Law, Landlord - Tenant and Legal Malpractice for New York on
Q: The hoa foreclosed and sold my house for non payment of dues and evicted me. Now they are renting it out. Legal?

I was temporarily not living there while evicting an ex girlfriend. She is the one served on the paperwork i want my house back and the 16000 dollars ive wasted on living and animal boarding

Elaine Shay
Elaine Shay answered on Oct 29, 2019

It is legally possible to foreclose against a property owner for nonpayment of common charges. This process could have legally proceeded even if you were not personally served with the papers commencing the case; however, the affidavits of service and other documents would need to be carefully... Read more »

2 Answers | Asked in Foreclosure and Landlord - Tenant for New York on
Q: I am a tenant, home in process of foreclosur lease agreement still effective from previous landlord what are my rights?
Michael David Siegel
Michael David Siegel answered on Oct 29, 2019

You cannot be evicted. Make sure you have a copy of your lease to show the buyer at the sale.

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1 Answer | Asked in Family Law, Real Estate Law, Civil Rights and Landlord - Tenant for New York on
Q: What should I do of my neighbor is harassing me because of my autistic child playing in my appartment?

Good evening,

I live on a 2nd floor apartment with my mother and my 4 year old son who is autistic. My son is in school from 8am-4pm we get home around 5pm. He will play sporadically between 6-8 he is in bed by 9. I leave my appartment as of 8am the latest until after noon on Saturday and... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Oct 23, 2019

This isn't a family law question, its more in the way of a landlord issue. Discuss this with the landlord or make a police complaint. Beyond that, the only other thing you can do is put a thick carpet or some other cushioning material on the floor.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can a person you evicted. Come to your home to visit your tenant.

Is there a way I can not allow them in my property

Elaine Shay
Elaine Shay answered on Oct 20, 2019

Generally, tenants are free to invite anyone they like to their apartment regardless of your feelings about it. However, if you had an Order of Protection preventing the visitor from coming to the building that would be different.

1 Answer | Asked in Landlord - Tenant for New York on
Q: My landlord is refusing to amend a lease to comply with new laws, what recourse do I have?

I signed a lease in July of 2019, but did not receive a countersigned lease until August 15th 2019. In June 2019, new laws went into effect that neither we (Tenants) or our landlord (LL) were aware of at the time. One of the laws states that the LL cannot charge more than 1-months security deposit... Read more »

Elaine Shay
Elaine Shay answered on Oct 18, 2019

The law would be controlling in the situation you described. If you can't persuade the landlord to return the extra security deposit to you, you could take the landlord to Small Claims Court. In the alternative, you could withhold the amount in question from your rent but the landlord might start... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: : Can a landlord keep a security deposit?

I gave his Assistance $500.00 security deposit on August 23,2019,

Called & texted his assistance on the 31st of August to ask for the security deposit back, but in the text messages it tells me if the text has been read, I then texted her again letting her know that I know she has read my... Read more »

Elaine Shay
Elaine Shay answered on Oct 18, 2019

It isn't clear from your description why the landlord would give you back the security deposit you paid. If you just moved in a security deposit would not usually be refunded to you until after you had vacated. If you signed a lease and paid the security deposit then but changed your mind and... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: If the landlord is renting a basement space to the tenant but in fact the space is a cellar space, is the lease valid?
Elaine Shay
Elaine Shay answered on Oct 5, 2019

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 »

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