Lawyers, Answer Questions  & Get Points Log In
New York Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for New York on
Q: my house was sold at tax auction , the buyers are threatening me with a lockout eviction . what are my rights?
Elaine Shay
Elaine Shay answered on Jan 25, 2022

If your house was sold at auction, you may still have time to redeem your interest in the property. With respect to occupancy of the property, the purchaser will have to obtain an order permitting you to be evicting and should not resort to self-help.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Do I have to pay my landlord a fee for breaking my lease if other tenants in the home have made it uninhabitable?

Tenants who live in the same home have locked me out of the apartment, made verbal threats, and continually harass me. The home is no longer accessible for me and is threatening my safety.

Elaine Shay
Elaine Shay answered on Jan 24, 2022

If you have a written lease with your landlord, you remain responsible for your obligations, including rental payments, until the lease expires or is terminated with consent of both landlord and tenant. If you have roommates that you are on the lease with or whom you invited to reside with you,... Read more »

2 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Can my landlord rise the rent as he wishes because it's "fair marker value" ? I've been here for a year already.

I moved in to my apt. in January of 2021. My lease says $2211 with a concession. My final rental price has changed so many times due to the lack of organization and professionalism from the management company. The original agreement with the manager at the time was never recognized by upper... Read more »

Elaine Shay
Elaine Shay answered on Jan 20, 2022

Basically, unless you are in a rent regulated apartment a landlord has the authority to determine the rent and/or any rent increases. The HSTPA of 2019 requires that all landlords provide written notice of rent increases of 5% or more for existing tenants but does not place a cap the allowable... Read more »

View More Answers

1 Answer | Asked in Landlord - Tenant for New York on
Q: is there a way to evict a family living in your basement without a lease and it is illegal to have tenants living there

we have a family that we told countless times to leave because we need the basement and they told us that theyre going to leave in a couple of months and they never leave and they are loud and dont respect rules of the house

Elaine Shay
Elaine Shay answered on Jan 19, 2022

A large percentage of basement apartments are not legally permitted. In order to determine if the basement apartment in your building is permitted, you can start by obtaining a copy of the Certificate of Occupancy.

Regardless of whether the basement apartment is legal, a property owner has...
Read more »

2 Answers | Asked in Landlord - Tenant for New York on
Q: I need free legal advice as a renter who had to move due to moms disability who lived with me and I am still paying rent
Walter Sage Jennings
Walter Sage Jennings answered on Jan 14, 2022

if you have a lease you may have to negotiate with the landlord to end it early depending on the terms of the lease you may be able to sublet the balance of your term it is difficult to give you an answer without having more information

View More Answers

2 Answers | Asked in Landlord - Tenant for New York on
Q: I need free legal advice as a renter who had to move due to moms disability who lived with me and I am still paying rent
Walter Sage Jennings
Walter Sage Jennings answered on Jan 14, 2022

if you have a lease you may have to negotiate with the landlord to end it early depending on the terms of the lease you may be able to sublet the balance of your term it is difficult to give you an answer without having more information

View More Answers

1 Answer | Asked in Contracts, Real Estate Law, Landlord - Tenant and Small Claims for New York on
Q: Are unsigned email agreements legally binding?

House I've been renting 5 years was sold. New owners offered cash for me to move soon (possible but not ideal). If I move and they don't pay, do I have recourse?

Michael David Siegel
Michael David Siegel answered on Jan 14, 2022

Unsigned email exchanges can be legally binding. It depends if a complete agreement can be divined from them.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can a landlord break a lease with a tenant who is causing unanticipated expenses?

I have a tenant who stayed in the house for 1.5 years and has another 1.5 years on the lease.

The tenant is frequently asking for repairmen to come and fix issues that are borderline negligence (e.g., they said the dishwasher broke and wanted us to install a new one, but our contractor... Read more »

Walter Sage Jennings
Walter Sage Jennings answered on Jan 7, 2022

Not unless it is specifically contained in the lease agreement itself. However you may be able to bring a suit for expenses caused by the tenant.

3 Answers | Asked in Landlord - Tenant for New York on
Q: I live in NY. A friend of mine has asked that I sign a lease agreement with her as a co-signer. Can I create a separate

contract between my friend and me, essentially saying that if she fails to pay her portion of rent and I am on the hook for the entire rent to the landlord, then my friend promises to indemnify me? Are these types of side contracts legal?

Elaine Shay
Elaine Shay answered on Jan 7, 2022

Being a tenant does not prevent you from entering into legal contracts with your roommate.

View More Answers

2 Answers | Asked in Real Estate Law, Energy, Oil and Gas and Landlord - Tenant for New York on
Q: I own a Condo (which is on the 3rd floor) and the gas was shut off because of a gas leak

but the gas leak is not in my apartment or in the walls

it might be in the rizer from the ground floor to my apartment but my plumber could not find it

Question

who is responsible to fix that is it the condo owner

or the condo management board

Michael David Siegel
Michael David Siegel answered on Jan 5, 2022

Condo Management

View More Answers

1 Answer | Asked in Landlord - Tenant for New York on
Q: I currently live in a building apartment in Queens and I rent an extra room to someone, I need to leave the city soon

i need to leave my apartment and the tenant i rent the room doesn't want to leave. Can i leave that person there and break my lease?. I use my itin number to rent the apartment and I lived there with my senior mom, now we need to leave but the tenant doesn't want to leave.

Elaine Shay
Elaine Shay answered on Jan 4, 2022

In order to surrender the apartment to the landlord, you must leave the apartment vacant and free of other occupants. If you fail to do so, the landlord can seek to hold you liable for rent and or legal fees that continue to accrue.

Since you are in the role of "landlord" to...
Read more »

2 Answers | Asked in Estate Planning, Real Estate Law and Landlord - Tenant for New York on
Q: Is a contract legal binding if both party's sighned it has been notarized?
Toshinori Isoai
Toshinori Isoai answered on Dec 27, 2021

It depends on what the contract was for, consideration involved, nature of the agreement, roles of the parties, etc.

View More Answers

1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for New York on
Q: For NYS Real Estate Law 226(c) must the tenant move as requested or can he fight this notice from the landlord?

If 90 days notice applies must the tenant pay all future monthly rents to the landlord?

Toshinori Isoai
Toshinori Isoai answered on Dec 25, 2021

Yes if the "future monthly rents" referenced here are the rent payable under the existing lease. If your landlord gives you the notice of termination or intent of no renewal in a legally sufficient manner, your current lease will terminate at the end of the lease. There is nothing to fight there.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: I lived in an apartment for 7 years, starting in 2012. Landlord is suing me for arrears accrued in 2018,

Under the document dated in 2012. There here several lease renewals after that date and the obligations of the 2012 lease were met. Should he have sued me under the lease that covers the montages in question ?

Michael David Siegel
Michael David Siegel answered on Dec 16, 2021

Yes. If you are month to month, the most recently expired lease governs, except as to term and rent.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for New York on
Q: For NYS Real Estate Law 226(c) must the tenant move as requested or can he fight this notice from the landlord?

This is a new landlord. My apartment building was recently bought with about one month from the previous owners. Must I vacate the premise?

Is there any legal recourse? Must the landlord give a reason for the notice to vacate?

Thanks.

Toshinori Isoai
Toshinori Isoai answered on Dec 16, 2021

The change of ownership won't affect the lease in effect. The new owner must respect and entertain the lease terms unless the lease says otherwise. S/he cannot kick you out. However, RPL §226-c concerns renewal (or no-renewal) of a residential lease. So if your lease is to expire soon and the... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: Hi, I received a buyout offer from my landlord, do I'm obligated to answer the letter?

I live in a rent stabilized apartment for 14 years and I'm not interested in the offer.

Elaine Shay
Elaine Shay answered on Dec 13, 2021

If you advise the owner in writing that you do not want to be contacted about any buyout offer, the owner cannot contact you about it for 180 days unless you advise the owner in writing at some earlier time that you are interested in discussing a buyout, or unless the Court permits the owner to... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: Tenant did not pay rent is not following lease causing me hardship, how do I evict
Elaine Shay
Elaine Shay answered on Dec 9, 2021

In order to legally evict a tenant, you must start either a non-payment or holdover case. While corporate owners are required to have an attorney start these types of cases, Individual owners are not require to retain an attorney but it is a very good idea to retain an attorney to assist you as... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: Process for terminating NY lease due to landlord breach of warranty of habitability

After moving into our new unit, we left on holiday for a week. Upon returning, we discovered our entire unit reeked of cigarettes and weed (most likely coming from the bathroom vents) and documented this with the landlord. From my understanding, assuming these damages are not remedied, in order to... Read more »

Toshinori Isoai
Toshinori Isoai answered on Dec 1, 2021

Real Property Law § 227 often applies to situations like your building was severely damaged or destroyed and became unfit for living due to reasons you are not responsible for. In that event you may terminate the lease unless your lease advises otherwise.

Your situation based on bad smell...
Read more »

2 Answers | Asked in Landlord - Tenant and Personal Injury for New York on
Q: Have mold growing in areas of every room in the house and landlord hasn't done anything.

It's growing on my personal belongings and my daughter had a toy in her mouth that mold grew on.

Tim Akpinar
Tim Akpinar answered on Nov 26, 2021

You may need to consider consulting with two separate attorneys here, one for your landlord-tenant rights and one for the personal injury rights. As for the injury-based aspects, you could reach out to firms that handle mold - toxic exposure type cases. These cases can be more difficult than... Read more »

View More Answers

3 Answers | Asked in Collections and Landlord - Tenant for New York on
Q: Rent recovery

As a guarantor on my daughter’s apartment in NYC, I am responsible for paying rent for a roommate who did not pay their last 4 months of rent (~$5016). Do I have any avenues to recoup this money from the non-paying roommate?

Randy Bryan Ligh
Randy Bryan Ligh answered on Nov 10, 2021

Sue the roommate

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.