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New York Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant and Small Claims for New York on
Q: How do I sue him for 500? I wanted my things I have to come up with 500 just to access to get my things that's not fair

I tryed to resolve this issue within the 30dats he was the one who prolonged this not me my husband and in made numerious attempts he ignored us

Elaine Shay
PREMIUM
Elaine Shay
answered on Jan 26, 2023

If you pay the money but don't feel it was just, you may commence a case in Small Claims Court to recover the money you believe was collected wrongly. However, if you owe money for rent arrears, the landlord may counterclaim against you.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can I withhold last month NYC rent = security deposit due to lack of repairs and past complaints?

My roommate & I have signed a 2yr lease on an NYC apartment w/ a rider saying that we can leave at 1yr if we give notice by the 9mo mark. We emailed it to them along w/ the signed copy of the rider & havent heard much from them since. Since Movein our exp w/ mgmt & repairs has been bad... Read more »

Steven Warren Smollens
Steven Warren Smollens
answered on Jan 26, 2023

Potential legal fallout? If you do not pay rent, even if you have numerous valid reasons and evidence of good cause not to pay rent [Wow. Your narrative suggests you should have stopped paying rent months ago and forced the landlord to prove why you should ever pay rent, considering that the... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: Would like to sue my old landlord for emotional distress and harrassment

I was evicted had 30 days to try to get my things at my place called and texts went unanswered.he now wants to charge me 500.00 too gain access to get my things.i was within my right of the 30days.his action is crude heartless.i feel I should not have to pay to get my things even though I was... Read more »

Steven Warren Smollens
Steven Warren Smollens
answered on Jan 26, 2023

Dear Niagara Falls Tenant

Would you prefer to lose all your left behind possessions? This is your choice right now. You could sue your cruel heartless former landlord for $500 in Small Claims Court after you have your property.

2 Answers | Asked in Landlord - Tenant for New York on
Q: My neighbor has no lease with renters in his home. One renter is now in jail. How long should he wait to empty the room?
Roland Godfrey Ottley
Roland Godfrey Ottley PRO label
answered on Jan 25, 2023

Going in and emptying the room is not lawful. You should confirm that the tenant is in prison and then try to contact them to find out what they would and would not be able and willing to do to keep the place or whether they would surrender the premises. If no agreement can be reached, you may have... Read more »

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3 Answers | Asked in Landlord - Tenant for New York on
Q: Is it legal for my landlord to use a window (not open) to enter my home while we are away? He lost his key

This is an email the landlord sent while I was away. Is this legal to do for him? The reason is that he have lost his key.

"We did test the boiler for the third time this morning and it started up without hesitation. I left the heat on so it should be warm when you arrive. I did have... Read more »

Roland Godfrey Ottley
Roland Godfrey Ottley PRO label
answered on Jan 24, 2023

It is not lawful for the landlord to enter into your apartment in the way that you have described. As a tenant, you have exclusive possession of the space that you are paying rent for. If the landlord would like to get access to your apartment, the landlord has to request reasonable days for... Read more »

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: I can’t get my squatter brother out of the house that I have the right to sell, I have an eviction lawyer, on case three

Years. need directions on what I need to do or say to the lawyer to move this case on just need help.

Anthony Armando Nozzolillo
Anthony Armando Nozzolillo
answered on Jan 18, 2023

Greetings:

In light of COVID-19s impact on Tenant Eviction, coupled with New York State's affinity towards Tenants, I would suggest the following:

Offer your brother money to "surrender" posession. Offer an amount **inclusive of relocation fees, storage fees, future...
Read more »

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1 Answer | Asked in Family Law, Domestic Violence and Landlord - Tenant for New York on
Q: Family court judge left us homeless due to charges I pressed and other party retailate with a false OOP. Needing help

I filed charges against brother for assult and few days later agg harresent. My mother tried having my spouse removed from the house and put on street and told him if he didn't leave she would call her son Mathew and have him removed forcefully. Matt came to our home and I protected my spouse... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Jan 16, 2023

Based upon what you have said, the Family Court judge can appoint a lawyer for you at no charge to you in regard to the Order of Protection. Just be sure to let them know you cannot afford to hire your own attorney.

3 Answers | Asked in Landlord - Tenant for New York on
Q: I paid first month rent and security deposit before i moved in. Can they use my security deposit for 2nd month?

I am having a problem with my bank account due to fraud, I am wondering if management can use the security deposit I gave before I moved in for this month that I owe rent on.

Elaine Shay
PREMIUM
Elaine Shay
answered on Jan 12, 2023

Security deposits are designed to provide the landlord with protection against the cost of damages or unpaid rent at the end of a tenancy. Therefore, landlords are not obligated to apply the security deposit towards rent while a tenant is still in occupancy.

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1 Answer | Asked in Landlord - Tenant for New York on
Q: I live in a trailer park in upstate NY, just received paperwork saying that there's new owners

I owed previous owners back rent which I had already made arrangements with them, do I legally have to pay the new owners the back rent I had owed to the previous owners? Or do I start with a fresh slate and only pay what is owed monthly to the new owners?

Steven Warren Smollens
Steven Warren Smollens
answered on Jan 12, 2023

Dear Greenwich Tenant:

Are you the only mobile home tenant?

Did the former owner inform you to pay rent to the new owner? Did the former owner confirm that the past rent owed was not assigned to the new owner to recover? Clearly, you do not pay the old owner and the new owner the...
Read more »

2 Answers | Asked in Landlord - Tenant for New York on
Q: Landlord had no Certificate of Occupancy, paid last months rent to move in and found asbestos in basement ($14000 est)

Just found out Landlord never got a C of O and we live here! AND found asbestos which I was disturbing doing laundry! Took last months rent from us as well to move in.

Elaine Shay
PREMIUM
Elaine Shay
answered on Jan 12, 2023

Depending on when a building was constructed or modified, a certificate of occupancy may not be required. Testing is usually required to verify the presense of asbestos. If a security deposit was required, the landlord is not permitted to also collect last month's rent.

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1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for New York on
Q: My landlord denied my request for an ES by claims that the dog will cause accidents on the carpet. How to dispute?

The dog I am interested in is a Cavapoo hypoallergenic and how not entered the property. They are denying because I mentioned the puppy is also going to be a PSD in training but the puppy will be an ESA first.

Steven Warren Smollens
Steven Warren Smollens
answered on Jan 11, 2023

You can't really dispute the known fact that a Cavapoo puppy will have accidents, one because it is small and has a small bladder and two when training needs to be walked a lot.

"...Toilet training a Cavapoo, can sometimes be a challenge, although smart dogs, they also have quite...
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1 Answer | Asked in Landlord - Tenant and Real Estate Law for New York on
Q: Is it legal or illegal for a realtor to list apt for rent,while people are still living there(their lease is not up)

I live in a building managed by a company (although the owners of the building are the same people who own the management company)

Few months ago we noticed that they were listing apartments for rent on various websites but the problem is that people were still living there,they had no idea... Read more »

Steven Warren Smollens
Steven Warren Smollens
answered on Jan 8, 2023

Dear Oyster Bay Tenant:

I am not able to locate a specific legislatively created crime for the events you described. You may report the broker to the licensing authority if you wish to follow up. https://dos.ny.gov/system/files/documents/2022/09/1507-f.pdf

1 Answer | Asked in Landlord - Tenant for New York on
Q: I have a moldy bathroom in my stabilized apt. Will my rent increase if the landlord has to fix it.

I'm a tenant for over 10 years

Steven Warren Smollens
Steven Warren Smollens
answered on Jan 8, 2023

Dear Brooklyn Tenant:

No rent increase ever is awarded to a landlord making a repair. Please read about your landlord's obligation here:...
Read more »

1 Answer | Asked in Civil Rights, Landlord - Tenant and Libel & Slander for New York on
Q: I am looking for a lawyer for discrimination defamation and racism please 13206
Tim Akpinar
Tim Akpinar
answered on Jan 6, 2023

It might be difficult for attorneys here to reply to you. The format here is only basic Q & A - it doesn't work like an attorney referral service. The closest thing might be the tab above, "Find a Lawyer," which you could use to supplement your own searches. You could search... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: What appliances/ fixtures are residential landlords responsible for?

I am a home owner and would like to know what am I responsible to repair for my tenant if he breaks/damages it due to his negligence? I had to replace a good working ceiling fan because he kept ranking so hard. Now the oven door frame has to replaced on a new stove and all he is said was that he... Read more »

Steven Warren Smollens
Steven Warren Smollens
answered on Jan 6, 2023

Dear Brooklyn Home Owner:

Generally, in an ordinary apartment residential rental, the landlord is always responsible for making repairs to appliances and maintaining the rented apartment in the same condition as when the tenant took over occupancy. Your service contracts may cover the...
Read more »

2 Answers | Asked in Arbitration / Mediation Law, Civil Litigation and Landlord - Tenant for New York on
Q: Kindly share ANY precedent of Civil Mediation ADR that have occurred via mail, instead of in-person.

Dear All,

In Ref: EF2021-0863, Tompkins County. In a complicated Civil Lawsuit of an Absentee Landlord against Rental Management Agency, and therefore its two vulnerable tenants, The Supreme Court has referred the case to Civil Mediation Court for ADR for settlement.

One of the... Read more »

Steven Warren Smollens
Steven Warren Smollens
answered on Jan 12, 2023

Dear Bhuvan:

Good day. You did not mention your relation to the tenants, the litigation, and the property. But you are a defendant, united in interest with your co-tenant, also a defendant, you were represented by Legal Services counsel, your counsel was permitted to be relieved of the...
Read more »

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3 Answers | Asked in Landlord - Tenant for New York on
Q: As a home owner do I have to pay for broken damaged appliances caused by my tenant?

I am a home owner and when my tenant moved in, all appliances including ceiling fan was in excellent working safe condition. Last summer I had to replace the ceiling fan because he was being too rough with it that the wires got disconnected. Now the oven door frame is broke (looks like it was... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on Jan 3, 2023

If the tenant is responsible for paying for any damage caused to your property. Therefore, you can ask him to pay for repair or replacement of the item. If he refuses to pay, you may deduct from his security deposit or take him to small claims court. However, the court may only award you an amount... Read more »

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1 Answer | Asked in Contracts and Landlord - Tenant for New York on
Q: I left some stuff in my apartment I just moved out of I wanna know because I left like 3 boxes a BB gun and a sword can

I left some stuff in my apartment I just moved out of I wanna know because I left like 3 boxes a BB gun and a sword can the landlord come at me about it? My ex is making a big deal about saying she would let them come after me I can't see them doing that if the security deposit covers and... Read more »

Steven Warren Smollens
Steven Warren Smollens
answered on Dec 31, 2022

Dear Amsterdam Tenant

Most forms of New York State residential leases provide that upon moving out any left behind personal property of the Tenant is abandoned and the Landlord is able to dispose without incurred any liability.

Of course, you did not mention that you had a lease...
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2 Answers | Asked in Landlord - Tenant for New York on
Q: I was applying to a house to rent. Upon my denial of my application, I “had a history of being evicted” and I never was

Is that possible? And what could be the steps I take because I already terminated my job and current lease

Daniel Michael Luisi
Daniel Michael Luisi
answered on Dec 30, 2022

New York Real Property Law Section 227-f provides as follows:

"No landlord of a residential premises shall refuse to rent or offer a lease to a potential tenant on the basis that the potential tenant was involved in a past or pending landlord tenant action or summary...
Read more »

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1 Answer | Asked in Landlord - Tenant for New York on
Q: live in a coop with underground parking, what can be stored and how in the parking space or extra space in garage

60 family bldg

Steven Warren Smollens
Steven Warren Smollens
answered on Dec 29, 2022

Dear Brooklyn Coop Owner

Your vehicle in your parking space.

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