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New York Landlord - Tenant Questions & Answers
2 Answers | Asked in Personal Injury and Landlord - Tenant for New York on
Q: Is a slip and fall in driveway worth pursuing?

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.

Tim Akpinar
Tim Akpinar
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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2 Answers | Asked in Personal Injury and Landlord - Tenant for New York on
Q: Is a slip and fall in driveway worth pursuing?

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.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Feb 10, 2025

Sorry to hear what happened to you. Landlords in New York have a legal duty to keep their property in a reasonably safe condition and are responsible for any harm caused by dangerous conditions about which they had notice. The injury to your back was not caused by a dangerous condition, but by... View More

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1 Answer | Asked in Landlord - Tenant for New York on
Q: How much does each person have to pay for rent in a family of 4 adults if the rent is 1700 a month regardless of income?
Marco Caviglia
Marco Caviglia
answered on Feb 7, 2025

Regardless of relationship, the landlord typically has someone or all of you severally obligated by written lease to pay the rent. How you get it together is up to you and your room mates. If you default, the people on the lease get sued.

2 Answers | Asked in Landlord - Tenant for New York on
Q: I have Tenant month - to month Agreement but she violated the Lease agreement can i move her out immd with in 30 days

i have also call police and complain and i have police report how to kick out tenant immd out

Steven Warren Smollens
Steven Warren Smollens
answered on Jan 28, 2025

Dear Commack Property Owner

There is no eviction without a court proceeding. Month to month tenancy does not require a fault ground for the eviction proceeding unless the owner is subject to the Good Cause Eviction Law.

Use a local lawyer familiar with your local District Court.

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2 Answers | Asked in Landlord - Tenant for New York on
Q: I have Tenant month - to month Agreement but she violated the Lease agreement can i move her out immd with in 30 days

i have also call police and complain and i have police report how to kick out tenant immd out

Marco Caviglia
Marco Caviglia
answered on Feb 7, 2025

If the tenant declines to move out after receiving the legally required notice timely, you cannot get rid of her without starting an eviction proceeding. Be prepared for delays, as the NYS landlord-tenant law was revised to make it more difficult to remove the tenant who is resisting. Make sure... View More

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1 Answer | Asked in Landlord - Tenant for New York on
Q: Can a landlord void a lease if tenant passes away?

My mom who just passed away has been renting a rent stabilized apartment since the mid 70's. The apartment complex, originally rentals were converted to co-ops back in the 1980's with the option to buy. Mom continued to rent the apartment. Her existing lease will expire in June. (As she... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Jan 13, 2025

Dear Valley Stream Tenant:

Generally, there is a right of family member succession tenancy for Rent Stabilized tenancies. These are more complex when the remaining family member lives with a non-purchasing tenant after a cooperative conversion.

Generally, a lease, even a...
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2 Answers | Asked in Contracts, Immigration Law, Real Estate Law and Landlord - Tenant for New York on
Q: How should a landlord respond when one co-signer attempts to terminate a commercial lease without the other's consent?

In this specific situation:

1. Co-Signer A does not participate in the daily business operations of the store.

2. Co-Signer A accuses Co-Signer B of financial misconduct, personal betrayal, and claims that Co-Signer B is an illegal immigrant.

3. Co-Signer B manages the... View More

Anthony Armando Nozzolillo
Anthony Armando Nozzolillo pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 11, 2025

Greetings:

A Commercial Landlord is not an arbitration, mediator, or babysitter for issues by and between its Tenants. The Landlord/Tenant-Guarantor relationship simply establishes that the Tenants enter into a "privity of contract" and "privity of estate" relationship...
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1 Answer | Asked in Civil Litigation and Landlord - Tenant for New York on
Q: Should I list the governing agency on the summons and complaint? Should I add on to the complaint?

I am currently in litigation. The judge ordered leave to refile the motion to amend, denied the motion for summary judgment, and ordered that I accept the defendant's late answer. I filed a lawsuit in the Supreme Court against my now ex-landlord; they were not when I filed. Some points... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Jan 8, 2025

No. New York State (Department of State) is not a proper party. All New York domestic corporations and LLCs are registered with DOS. Amending a summons is far more complex than amending a complaint--although recent changes in the CPLR make amendments to complaints more difficult than before.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Landlord's cleaner took 5 days to take pic of wall hole they say I caused. Is their 5 day delay strong argument for me?
Steven Warren Smollens
Steven Warren Smollens
answered on Jan 8, 2025

Dear Manhattan Tenant:

A New York landlord has 14 days to present a former tenant with the written itemization of damages the landlord will charge against the tenant's security deposit and to refund the balance of the security deposit. A tenant has no right to return after moving out...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: Management has not fixed water damage issue for past 4 years. I plan to leave without paying rent.

4 years of water damage in the bedroom, living room, and kitchen. They claim to fix it come and repaint for it to happen again the next time it rains. I was dealing with ants, mold, little bugs. In the bedroom, the corner ceiling is detached leading to inside the wall and the opening runs from wall... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Jan 8, 2025

Dear Brooklyn Tenant:

Moving out does not prevent the landlord from suing for unpaid rent, just as any ordinary creditor could sue, but the lawsuit is in the regular Civil Court, not the Housing Court, where tenants have all sorts of rights, including the right to an assigned attorney. Make...
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1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Landlord - Tenant for New York on
Q: Is it legal to record one of my roommates in our shared room if she threatens mine and my other roommate's life in NY?

I currently live in a homeless shelter, there have been ongoing problems with a roommate to which I have brought up to management many times. Over this weekend well management was not there is she flipped out and started yelling at my other roommate and I and even threatened to murder us. I know... View More

Stephen Bilkis
PREMIUM
Stephen Bilkis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 30, 2024

I'm sorry to hear about the difficult and frightening situation you're experiencing. Your safety is important, and I hope the following information helps clarify your legal options.

In New York State, it is generally legal to record a conversation as long as one party consents to...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: What can I do if the locks were changed and all my possessions were thrown out?

I am a 67 years old disabled wheelchair bound senior citizen. I have lived at 35 Woodbine Street for 49 years. In June 2023 my brother gifted the house to his daughter for $1. On June 20 she sent me a text telling me I have 60 days to move out. On August 20th I text her back stating I needed more... View More

Roland Godfrey Ottley
Roland Godfrey Ottley
answered on Nov 23, 2024

This appears to be an illegal eviction and destruction of property, with several legal violations given your specific circumstances.

1. Illegal Self-Help Eviction

- Your niece's actions constitute an illegal "self-help" eviction by changing locks and removing...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: How may my wife take over our apartment lease if the current leaseholder isn’t renewing?

My brother is the current leaseholder of our Bronx residence. Due to prior financial difficulties, I have been subletting from him for over five years without formal authorization from the property owner, and this arrangement lacks written documentation. My wife and I have cohabited in the... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Oct 30, 2024

Dear Bronx Tenant

Is this a Rent Stabilized apartment?

Does your brother also live in the same apartment with you and your wife?

If so, then your arrangement with your brother is not a sublease even if you pay rent to your brother.

If your brother is living in the...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: Im a lisensee at familys house been living there 10 plus years but they changed the door locks and i cant get in..
Steven Warren Smollens
Steven Warren Smollens
answered on Oct 27, 2024

Dear Brooklyn Resident

Who defined your legal status as a Licensee?

If you are as you say then you may not have anti eviction protection like a tenant.

I wouldn't take your word for this.

Why not try to see if a Housing Court Judge in Kings County will...
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1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for New York on
Q: Can I sue my CAP housing program for denying me an emotional support animal even though I have a mental disability?

My therapist was doing paperwork for one but the housing told me if I get an ESA I will get kicked out

Steven Warren Smollens
Steven Warren Smollens
answered on Oct 27, 2024

Dear Catskill CAP Housing Tenant

I do not know what the basic pet ownership rules are for your Housing. An ESA is not a service animal. NY State has certain anti discrimination rules relat

ing to ESA animal companions that are more expansive than the Federal Rules.

I...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: 5-day late rent notice is undeliverable via certified mail (NY) - what other options do I have?

My family law attorney told me to seek help regarding this particular matter- it's outside the area of her expertise.

My mother, father, and grandmother (maternal) lived together for the last 30-ish years. My mom passed 3 years ago, and my father still has not moved out. The house is... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Oct 24, 2024

Dear Albany Family Member:

You hire an attorney for your grandmother who knows how to do eviction proceedings.

The only obligation created by the Legislation relating to the five day letter is that it is mailed by certified mail to the tenant. There is no further obligation....
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1 Answer | Asked in Landlord - Tenant for New York on
Q: I have a case hearing at housing court for non-payment of rent for certain months which I have proofe

The judge will dismiss my case since I have the proof of payment...but sincec i received the court notice, I stopped my rent payment from March, 2024...so my concern is whether the landlord or his attorney has the authority to request the judge right away to issue another notice of non-payment... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Oct 22, 2024

Dear Brooklyn Tenant:

First things first. I gather that your initial court date is looming, and you filed the Answer to the nonpayment petition around March/April 2024.

Since the landlord's attorney decided not to offer to discontinue the case when you answered that you paid...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: My partner is dealing with a landlord issue & I have some questions.

I sleep over at my girlfriend's house sometimes. Her lease says nothing about having guests coming over & I've been visiting for over 3 years. Recently, her landlord had an issue with me sleeping over even when she's been aware I've been coming over for years. I primarily... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Oct 11, 2024

Dear Brooklyn Tenant

I responded to your issue on another online forum.

Your girlfriend's landlord does not have a lease provision for restricted overnight guests or even a two week visit.

But your girlfriend resides in a jurisdiction that has not embraced Good Cause...
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2 Answers | Asked in Civil Rights and Landlord - Tenant for New York on
Q: I live in Brooklyn. My girlfriend lives in Long Island. I sleep over her house sometimes. Her landlord has an issue.

I sleep over my girlfriends sometimes. Her lease says nothing about having guests coming over & I've been visiting for over 3 years. Recently, her landlord had an issue with me sleeping over even when she's been aware I've been coming over for years. I primarily live in Brooklyn... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Oct 10, 2024

Dear Brooklyn Tenant

If you moved in permanently as a Roommate the landlord has no legal basis to complain.

But even without the landlord having a just cause to complain about your visiting overnight from time to time your girlfriend is the one who has to deal with a landlord who...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: Can a subletter be forced to pay for a whole months rent if asked by main tenant to leave before month is up in NYC?

I sublet a room in an apartment in NYC. The sublease was meant to be for a year but the main tenant decided it was not working out and asked me to vacate within 30 days. That will place my last day of occupation part way through next month. Can they charge me for the full rent next month if rent is... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Oct 7, 2024

Dear Manhattan Roommate.

You are not a subtenant if you rent a room only. I gather that you had a written agreement for one year.

If so a verbal request for you to move out in thirty days had no legal effect on the one year rental agreement.

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