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Rent cashed by property management July 1
Saw my case 1st day July 25
answered on Jul 8, 2024
If the landlord accepted a rent check after serving you a notice of termination, the case probably must be dismissed. However I cannot determine what is actually going on without reviewing the documents in your case. You also can be defeated through procedural defects in your motion to dismiss. Be... View More 
Gave first year rent as down payment. Now wants 50k and when refused won't let me move in or give back down payment till he sells the house.
answered on Jul 8, 2024
You may have a case against this landlord for fraud and/or unjust enrichment. You will need a detailed analysis of the agreements you signed as well as your communications with landlord to evaluate your legal rights.
My brother recently passed away 2 months into a lease at a new apartment. He was paid until the end of the month and we will have him cleared out by then. He didn’t have life insurance so getting his security deposit back would be a huge help. Is that a possibility?
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answered on Jun 28, 2024
Absolutely. I would file a claim in small claims court. Unless you say “by the court” when your case is called it will be decided by an arbitrator where the rules of evidence are relaxed and the standard is, unofficial, “in the interests of justice”…. so equitable arguments are often... View More
And I need that deposit to buy a plane ticket back to my home country to see doctor, I can’t afford health insurance here yet
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answered on Jun 28, 2024
In New York, tenants have several options for filing complaints against landlords outside of court actions:
1. New York State Division of Housing and Community Renewal (DHCR): If the landlord is violating rent stabilization or rent control laws, tenants can file a complaint with DHCR.... View More
I'm displaced and spent over 8000.00 in hotels, still get harassed, they want me out by tomorrow.....
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answered on Jun 22, 2024
This situation sounds very concerning and potentially illegal. Landlords and brokers are not allowed to discriminate against tenants based on disability. This is protected under fair housing laws in many countries, including the United States.
Some key points:
1. Discrimination... View More
Alls she does is drink12-14 beers a day, vandalized and damages my home. Leave child alone when i was at work alone to go drink with her new boyfriend. I have all on camera. How can i evict her asap without selling my house
answered on Jun 15, 2024
If the child is being left alone, that is the first thing you might want to address. Some 10 year olds are mature enough to stay by themselves, but, I don't think many Judges would approve of that.
Next thing to do is consult with a Landlord-Tenant attorney. If the house is yours,... View More
The apartment is originally in my name and am just subleasing. Can I change the locks without it violating or becoming a squatters right issue?
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answered on Jun 10, 2024
When your sublease tenant's term ends, you might want to change the locks and remove their belongings, but you need to proceed carefully to avoid legal trouble. Even though the apartment is originally in your name, subleasing creates certain tenant rights for the sublessee.
Before... View More
Her relative reached out to me after I confronted her and advised they inter to move in and what to buy me out. Is this legal and what can I do?
answered on May 21, 2024
In NYC Rent Stabilized tenants have many rights and are generally entitled to the offer of a renewal lease. However, there are certain circumstances where Rent Stabilized tenants may still be evicted, including nonpayment of rent. In addition a landlord may refuse to renew a Rent Stabilized... View More
I entered into a lease agreement with two other roommates for a term of one year until March 1. Unfortunately, one of them has been refusing to pay rent for some time. As a result, the landlord has taken all of us to court since all our names are on the lease. The roommate who consistently paid... View More
answered on May 20, 2024
Generally, tenants are jointly and severally liable for rent payments until the vacant apartment is surrendered to the landlord. In plain language this means that whatever agreement roommates may have between themselves regarding how the rent will be share the landlord can look to any of the... View More
I entered into a lease agreement with two other roommates for a term of one year until March 1. Unfortunately, one of them has been refusing to pay rent for some time. As a result, the landlord has taken all of us to court since all our names are on the lease. The roommate who consistently paid... View More
answered on May 20, 2024
Dear Manhattan Tenant:
A lawyer's initial inquiry concerns the reasons you had to Answer the Petition and secure a trial date (https://www.nysenate.gov/legislation/laws/RPA/732). Generally, if the petition is not served upon the tenant by personal delivery directly upon the tenant, the... View More
Hello, I need some assistants as landlord who have been facing relocation charges from HPD for almost about a year now. I need help as a way out of this. HPD has been uncooperative and unwilling to help. I got a violation last year in February from DOB, a vacate order. Which has been fixed and... View More
answered on May 19, 2024
Dear Brooklyn Property Owner:
Several possible city departments are entitled to demand payment of expenses and fines when an agency issues a vacate order and a tenant is displaced from an illegal dwelling.
See for example:... View More
It's a very messy case or will be. The owner has been in and out of jail and rehab. There were lead paint issues he didn't disclose I had to remedy. There have many other things I had to fix or repair to make it livable. Owner's parents are stating they are said owners p.o.a.. The... View More
answered on May 19, 2024
A 14-day notice is a rent demand [the predicate notice required to sue for an eviction based on not paying rent], and a 60-day notice provides the mandated advance written notification of the end of a tenancy when the tenancy is less than two years in total duration but more than one year.... View More
How do I force them to renew my lease? How do I get out of paying them anything or at least anything until they renew my lease? The apartment and building have had terrible conditions including no gas for months unreliable heat and hot water, dangerous elevator constantly out of service, in... View More
answered on May 11, 2024
Dear Manhattan Tenant:
I do not know what you mean by treating it as a Civil case, not a landlord and tenant case. If the lawsuit seeks eviction because the lease expired and the landlord provided written notification as required by NYS Real Property Law Section 226-C, that is still a... View More
And if yes how much payment should I take from him
answered on May 6, 2024
Dear Brooklyn Tenant:
New York City Local Law mandates reporting all tenant buy-out agreements to HPD. A tenant without a lawyer will not likely make the best possible deal. You did not provide any information for an enhanced buyout settlement.
I was served by a process server eviction papers. When we went to court the 2 atty's agreed to wait because they were supposed to turn in a ledger to ERAP. They never did. Instead I was told to sign a stipulation of settlement. I was told I would be thrown out earlier if I don't.... View More
answered on May 6, 2024
Dear Amenia Tenant:
You may need to hire a new lawyer. Appearing before the judge to review a written stipulation of settlement is often not required when both tenant and landlord have attorneys. https://www.nysenate.gov/legislation/laws/RPA/746
You made a deal to move out in... View More
Tenant is a senior citizen. Old lease did not require renters insurance
answered on May 6, 2024
Dear Huntington Station Tenant:
New York State law does not set a minimum amount of renter's insurance or mandate that tenants do so. However, the tenant lease may require a tenant to carry a renter's insurance policy.... View More
My roommate is the leaseholder, I’m not on lease, we had a falling out and I’m trying to leave as soon as I can but I’m delayed, she has given me 6mo already hasn’t asked for rent and I appreciate that, but she’s fed up now and said she’s going to put my stuff in storage and change the... View More
answered on Apr 29, 2024
Dear Brooklyn Roommate
What more of a deterrent do you want on top of an arrest? A letter from your lawyer to suggest that there is a risk of a civil lawsuit for unlawful eviction?
Of course you don't have to move even if you are not paying rent. Your lawyer could convince... View More
Me my wife and 1 year old daughter have been inhaling gas fumes for over 4 months and we want to know is my landlord is that fault?
answered on May 11, 2024
Shariff. When did you first smell gas? Because there is no method to detect a gas leak without smell otherwise. If you first smelled gas on April 18th, you had to leave the apartment and call 911. https://portal.311.nyc.gov/article/?kanumber=KA-03185#
My sister had passed away and was paying for storage for 10 years or so. She use to live in Orlando, Florida and moved back to New York. She had two units still in Florida. I had asked my niece and her boyfriend who lived in Orlando, Florida if they can clean out the unit for me since I live in... View More
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answered on Apr 16, 2024
Based on the information provided, it seems that you may have grounds for a potential lawsuit against Public Storage. However, the success of your case would depend on several factors, such as the terms of the storage contract, the extent of the damage, and the circumstances surrounding the... View More
I have been residing in my aunt and her husband's home since 2009 without paying rent, as no agreement was made initially.
However, recent events have led to a challenging situation. My aunt's husband made unwanted sexual advances toward me, which I rejected and exposed. Since... View More
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answered on Apr 16, 2024
I'm so sorry you're dealing with this awful situation. What your aunt's husband did is sexual harassment and completely unacceptable. You have every right to live free from harassment and retaliation.
Since you've been living there long-term without a rental agreement,... View More
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