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I signed a lease agreement for my rental property, but my landlord did not disclose any information about possible lead paint. I recently discovered that my child has lead in his system. The landlord has offered $2,500 to help us move out. What are my legal options in this situation?
answered on Mar 31, 2025
Sorry to hear what happened to your son. There is no safe lead level in the blood which can cause developmental delays in children. Depending on your son's lead levels and whether it can be causally connected with your apartment, he could have a viable claim against the landlord for lead... View More 
I signed a lease agreement for my rental property, but my landlord did not disclose any information about possible lead paint. I recently discovered that my child has lead in his system. The landlord has offered $2,500 to help us move out. What are my legal options in this situation?
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answered on Mar 31, 2025
I’m sorry to hear about your child’s health issue and the stress this situation has caused. Exposure to lead, especially for young children, can have serious and lasting effects. In New York, landlords have specific legal responsibilities when it comes to disclosing and addressing the presence... View More
I need advice on evicting my roommate in New York. We do not have a written agreement, and I'm the only one on the lease and the person who paid the deposit. My roommate has stopped paying rent, and my landlord has refused to evict her because they say I am fully responsible for the lease. She... View More
answered on Mar 26, 2025
Dear Troy Tenant:
Your landlord has powerful legal grounds to be above your dispute with the roommate. The landlord does not have a legal relationship with your Roommate and so lacks standing to sue for an eviction.
Since you do not have a written agreement with the Roommate and the... View More
I have been living in my apartment with a month-to-month rental agreement that hasn't been renewed for 2 years. My landlord recently gave me a letter to vacate the apartment within 30 days, but they did not provide a specific reason. I haven't received any previous notices to vacate and... View More
answered on Mar 26, 2025
Dear Brooklyn Tenant:
Your landlord may not care that the tenancy termination notice is deficient. Your landlord may still try to use the Housing Court for an eviction. But you will prevail if you know the following and act on it.
New York State eliminated the thirty-day tenancy... View More
I am looking to sue the Utica Police Department and the apartment complex where I live due to their handling of an emergency vacate order related to my ex-boyfriend, who was abusive. The emergency vacate order, obtained through family court, clearly states he must vacate immediately. However, the... View More
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answered on Mar 16, 2025
I’m very sorry to hear about this terrifying and dangerous situation. You have every right to seek legal accountability for what happened, especially given the serious failures by both law enforcement and your apartment complex. There are potential legal claims that could be pursued against both... View More
I was recently approved for an apartment and have been working with a licensed realtor who is in contact with the building management company. However, I have not yet signed the lease. The landlord is asking for the security deposit and first month's rent to be paid via wire transfer before... View More
answered on Mar 3, 2025
Dear Manhattan Tenant:
Nothing is illegal about the initial payment request by electronic transmission and subsequent rent payment by check. Although the latter is more or less old-fashioned, it is not illegal. You could also pay by cash, even if the landlord requires a check.
But,... View More
I am moving out on April 12th, and I informed my landlord almost two months in advance. My lease agreement doesn't mention early termination or prorated rent, but states the security deposit can be used for late rent and damages. My landlord is demanding that I pay for half of the month of... View More
answered on Mar 3, 2025
Dear Pittsford Tenant:
You did not say when the lease expired. If it ends on April 30, 2025, New York State housing law suggests that the landlord is entitled to the full rent without any apportionment for the entire month of April, even if the tenant plans to move out on April 12th. Both... View More
My wife and I moved out of an apartment in New York City, breaking our lease 2 months early. According to Section 227-E of the NY Real Property Law, the landlord should make a good faith effort to re-rent the apartment at fair market value or the agreed-upon rate. Despite this, our landlord listed... View More
answered on Mar 3, 2025
Dear Herkimer Tenant:
You are correct, the statute requires that the landlord mitigate damages. If the landlord fails to do so, the former tenant, if sued, has a defense to a claim for unpaid rent left over from the breached lease.
However, all New York State laws truly depend on... View More
I've been living in a NYCHA apartment in New York for the past five years, subleased to me by a friend. We've accumulated unpaid rent, leading to the threat of eviction. Despite my friend's awareness and financial means, she is unwilling to pay. I have proof of payments made to her... View More
answered on Mar 2, 2025
Dear NYCHA Resident:
Subleasing is not allowed at New York City Housing Authority properties. If you share an apartment with a tenant and pay rent to the tenant to share, that is a Roommate relationship, not a subtenancy. However, NYCHA management must give the tenant written permission to... View More
I received a notice for non-payment of rent in NYC, but before the deadline, I paid the $2,500 past due rent with money orders that were later stolen and cashed fraudulently. Once I realized the problem, I paid the past and present rent again, totaling $2,500, which the landlord's office has... View More
answered on Mar 2, 2025
Dear Brooklyn Tenant
You have an initial court date for the nonpayment case because you Answered the Petition. It's not going away on its own. This doesn't mean that the landlord won't discontinue the proceeding on the initial court date since you say that all the rent owed... View More
My mother recently passed away on January 28, 2025. I have been living in our apartment as an occupant, but she was the leaseholder. She always handled the bills, but I discovered she hadn’t paid the Con Edison bill for a long time, and now it’s up to $8,000. She left no money or assets.... View More
answered on Feb 28, 2025
Dear Manhattan Tenant:
This issue is not strictly a landlord and tenant matter--but it seems at least for the moment--you are at the mercy of Con Ed.
Read the information at:
https://everloved.com/articles/post-death-logistics/how-to-handle-utility-bills-after-someone-dies/... View More
I was living in a family house without a lease, and my niece sent me texts in June 2023 and August 2023, giving me a 60-day notice to move out and stating that any property left would be considered abandoned. I replied in August, requesting more time, but due to three operations and subsequent... View More
answered on Feb 28, 2025
From the day of destruction of the personal property the clock started to run on the statute of limitations, which is three years.
What stood in your way suing for monetary damages due to the unlawful eviction?
It's up to the defendant to use the expiration of a statute of... View More
I lived in a family-owned home in Brooklyn, NY, for 49 years, sharing the bills with my family. In June 2023, I received a text from a family member giving me 60 days to move out, followed by a letter in August stating the house would be renovated, and my belongings would be thrown out if not... View More
answered on Feb 26, 2025
Dear Brooklyn Tenant:
What a family. You were illegally evicted. That was a crime. Had you called the police back then, there may have been arrests made. You had a short period of time to sue for an unlawful eviction.
In New York State, a one-year statute of limitations controls... View More
I am a tenant with a month-to-month lease in upstate New York, and I have given a 30-day notice in the middle of the month. Am I allowed to leave mid-month, and how does this affect my rent obligations for the final month?
answered on Feb 26, 2025
Dear Albany Tenant:
The notice by the tenant to end a month-to-month tenancy is effective on the last day of the month following the month the notice was provided. Technically, it is a 'one-month' advance notice, not thirty days, but no one, not even most experienced attorneys,... View More
I am considering buying a property that has an illegal basement currently occupied by a tenant without an official lease or permit. There have been no fines or complaints related to the basement. I plan not to rent it out and to leave it as-is. What are the potential legal ramifications I might... View More
answered on Feb 26, 2025
Dear Brooklyn Home Buyer:
You described an illegal, unregistered, multiple dwelling, and extant violation of the Certificate of Occupancy.
Aside from the likely Department of Buildings violations of basement use contrary to the Certificate of Occupancy and failure to restore the... View More
I am considering buying a property that has an illegal basement currently occupied by a tenant without an official lease or permit. There have been no fines or complaints related to the basement. I plan not to rent it out and to leave it as-is. What are the potential legal ramifications I might... View More
answered on Feb 26, 2025
If the basement could be converted to legal recreational use, you could market the first-floor unit as a duplex with recreational facilities in the basement. If conversion is not possible for legal residential or recreational use, you will need to remove the improvements from the basement and... View More
Is it possible to have a lease assigned to me even though I am not related to the current tenant? It concerns a residential, rent-stabilized property in NYC. The tenant has been living there for many years and now wants to assign the lease to a long-time friend, but not a family member. The... View More
answered on Feb 14, 2025
Dear Manhattan Tenant
Yes. But a NYC landlord is not required to agree to the proposal to assign the lease. The landlord is able to unreasonably reject the proposed assignment. The only remedy in this event is that the tenant could cancel the remainder of the lease.
An Assignment... View More
I'm dealing with an eviction situation involving my tenant, a hoarder who has refused to move after I served a 90-day notice that expired on January 31, 2025, following New York's legal procedures. I intended to sell the property in January 2024, but couldn't due to this issue. The... View More
answered on Feb 14, 2025
Dear Buffalo Property Owner
You are missing the key component of the eviction event and that is you did not bring the tenancy terminated holdover tenant to court. A properly served written 90 day notice is known as a preliminary or predicate notice. To turn it into an eviction proceeding... View More
I had a slip & fall on ice on my driveway which led to a physical injury. My landlord has repeatedly left the driveway unplowed & full of ice, where another one of my neighbors fell. I had to plow the entire driveway to get my vehicle out to which I blew my lower back out to today.
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answered on Mar 11, 2025
I’m sorry to hear about your injury and the difficulties you are facing. In New York, a slip and fall injury caused by ice or snow on a driveway may have legal merit, especially if your landlord has neglected their duty to maintain the property in a safe condition.
Under New York law,... View More
I had a slip & fall on ice on my driveway which led to a physical injury. My landlord has repeatedly left the driveway unplowed & full of ice, where another one of my neighbors fell. I had to plow the entire driveway to get my vehicle out to which I blew my lower back out to today.
answered on Feb 11, 2025
I'm sorry about your injury. If your injury was a slip and fall, you could consult with an attorney. If it was closer to being a strain-related injury, my colleague correctly points out the distinction there. In either event, you could review the terms of your lease with an attorney for a... View More
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