New York Landlord - Tenant Questions & Answers

Q: Security deposit. What is the limit for small claims court in west Chester county? Can I sue for triple damages?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Answered on Apr 18, 2019
Michael David Siegel's answer
Limit is $3000. Triple damages are for the deposit not being in a segregated account, which is different than withholding it. But you can add that in.

Q: Security deposit

2 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Answered on Apr 18, 2019
Michael David Siegel's answer
Just sue. You can use the address you have for the defendant. It is small claims under $5000 for New York City, and you do it yourself.

Q: If a house was sold in January due to a foreclosure is the current landlord entitled to rent after January?

2 Answers | Asked in Foreclosure and Landlord - Tenant for New York on
Answered on Apr 17, 2019
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.

Q: What to do if my ex friend (not on our lease) does not leave in 30 days as she has been informed she should?

2 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Answered on Apr 17, 2019
Michael David Siegel's answer
You are going to have to bring a holdover petition in landlord tenant court to do this the right way.

Q: I have a question regarding the rights of landlords to assign fees for the return of rent checks for NSF....

1 Answer | Asked in Landlord - Tenant and Banking for New York on
Answered on Apr 11, 2019
Elaine Shay's answer
The fees that a landlord is allowed to charge depends upon the terms of the lease.

Q: A former tenant is threatening to sue because they believe I overcharged them for a repair.

1 Answer | Asked in Landlord - Tenant, Real Estate Law and Small Claims for New York on
Answered on Apr 10, 2019
Michael David Siegel's answer
Anyone can sue anyone if they pay the filing fee. You also need the lease that says you can charge for repairs of this kind. Nothing in your post suggests a counterclaim.

Q: My former landlord (NY) has not returned my security deposit or responded to a certified letter. How should I proceed?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Answered on Apr 9, 2019
Michael David Siegel's answer
You are going to have to sue. Whether it is small claims or higher depends on the amount.

Q: My landlord just informed us they sold our home and want us out May 1st, This was verbel when we payed our rent.

1 Answer | Asked in Landlord - Tenant for New York on
Answered on Mar 31, 2019
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.

Q: I have lived in apartment 10 yrs, am I responsible for painting and new carpet?

1 Answer | Asked in Landlord - Tenant for New York on
Answered on Mar 31, 2019
Elaine Shay's answer
Unless your lease specifies otherwise, a tenant is not responsible for normal wear and tear.

Q: If you are served with an eviction notice for no fault of your own are you expecvehavehavehavehavehavehavehavehavehaveht

1 Answer | Asked in Landlord - Tenant for New York on
Answered on Mar 26, 2019
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.

Q: When meeting the tenant of a room I'll be subletting from, what are good legal precautions to take before paying them?

1 Answer | Asked in Landlord - Tenant for New York on
Answered on Mar 25, 2019
Elaine Shay's answer
Generally, in New York, sublets require consent of the landlord.

Q: regarding housing and landlord

1 Answer | Asked in Consumer Law, Landlord - Tenant and Real Estate Law for New York on
Answered on Mar 25, 2019
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.

Q: My tenant is threatening or is taking me to court over an emergency work...

1 Answer | Asked in Landlord - Tenant for New York on
Answered on Mar 19, 2019
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.

Q: I've just been told by a HPD inspector I will have to vacate in 30days due to illegal bsmt apt.

1 Answer | Asked in Landlord - Tenant for New York on
Answered on Mar 11, 2019
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.

Q: Are landlords legally obligated to provide all tenants 30 days to move out?

1 Answer | Asked in Landlord - Tenant and Real Estate Law for New York on
Answered on Mar 5, 2019
Michael David Siegel's answer
If you signed away your lease rights in an agreement that gave 21 days, the court will likely enforce the agreement.

Q: What do I do when my landlord gives me 30 days to move out of a house she has sold without my knowledge

1 Answer | Asked in Landlord - Tenant for New York on
Answered on Feb 23, 2019
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.

Consulting with or...

Q: I own an apartment and have strong suspicions they are running illegal airbnb, I've notified them not renewing lease

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Answered on Feb 23, 2019
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...

Q: My Tenant is withholding rent because the stove is not fix due to the necessary part is on back order.

1 Answer | Asked in Landlord - Tenant for New York on
Answered on Feb 15, 2019
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...

Q: I am selling a house with a tenant in the process of being evicted.

2 Answers | Asked in Landlord - Tenant and Real Estate Law for New York on
Answered on Feb 14, 2019
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.

Q: Is repair cost (under dispute) part of monthly maintenance in a Co-Op?

1 Answer | Asked in Landlord - Tenant for New York on
Answered on Feb 11, 2019
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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