I have a tenant who had a month to month lease. The tenant was here less than 6 months and was given a 30 day notice of non-renewal. She is still here passed the lease end date. How do I get her to leave?
If a tenant does not vacate at the end of his or her term, a landlord can commence a holdover proceeding to obtain a judgment of possession and schedule an eviction. The process can take a good amount of time so the sooner you get started the better.
Hello counsel. I’m renting a room for 13 months. Payments are always due on the 27th day of the month (the day that I moved in). On the 23rd of this month (11/23) I gave my landlady and roommate a 30 days notice. I did not pay the rent, thinking’s that I could use my deposit. She texted me... Read more »
I live in upstate NY and currently trying to break my lease due to unsafe living conditions such as broken windows in common areas (It's 20 degrees right now), harassment by other residents, drafty windows and poor heating (Again, Upstate NY is really cold), and so much more. I emailed my... Read more »
From the description you provided, it appears that the property manager is not adding terms to the lease but allowing you to negotiate for an early termination for the payment of a fixed sum. This type of early termination fee is commonly negotiated regardless of whether it is included in the...Read more »
If the premises is not rent-regulated and you don't have the protection of a current lease, the landlord can request that you move upon 90 day written notice. In the event that you don't vacate by the expiration of the notice period, the landlord would have to next commence a holdover case in...Read more »
You can consult with a personal injury attorney regarding the possibility of commencing a case for any personal injury to determine if you have a claim worth pursuing. As for the conditions in the apartment, you may commence a HP Proceeding in Housing Court against your landlord to obtain an order...Read more »
He claims he mailed papers but I have not received them. Tonight he was supposed to serve papers, he claimed they were the second round. He wanted to bring them to me at 8pm on a Thursday night. I work 7am-4pm and I do not get home until 530 with picking my daughter up from daycare. He has not... Read more »
You obviously know about the case. While the court will undo any defaults, etc., from lack of service, you should ask for the papers again, or go to the clerk to get them, and not ignore this. Playing the service issue might work, but also might not.
Determining the most expeditious way to proceed depends, at least in part, on what type of tenancy is involved. Does the tenant have a lease? How long has the tenant lived in the apartment? Is the apartment rent-regulated?
Answers to these and other questions will determine your options...Read more »
He told me that my credit is bad even thought I had pay him the 3 months of security deposit also he sent me a new bill saying I have not pay water for 11 months when when I show him my receipts and ask for my payments records he don’t want to show it to me
Greetings. Relationships with landlords are primarily governed by lease agreements. If you have one, please take your agreement to a lawyer. The lawyer will review it and the facts and provide you with a solution to your problem. Even if you don't have a lease agreement, the lawyer will be able...Read more »
I’ve only been here for almost a week. So last night I accidentally locked myself out of my apartment that I’m staying in. My girlfriend aka owner of apartment wasn’t home and the super “wasn’t available ” to help me. I’ve only been here for like almost a week. So I called fire... Read more »
Generally, the expense of damage cause to an apartment (or apartment door) is caused by a tenant or a tenant's guest the tenant is responsible to the landlord for these damages. In that situation, if the landlord's super repairs the damage, the landlord can seek recovery for the cost of the repair...Read more »
I recently requested my rent history. It tells an interesting story.
No one in my (formerly regulated) unit has paid the “legal rent” since 1993. All tenants have since paid a preferential rent, never more than $1,450. However, despite this, every time a tenant moved out (7 times in the... Read more »
The situation you described involving the preferential rent isn't surprising. The 18%-20% increase is generally associated with vacancy increases. If you want to challenge the deregulation, you can always take a shot with the DHCR
It is legally possible to foreclose against a property owner for nonpayment of common charges. This process could have legally proceeded even if you were not personally served with the papers commencing the case; however, the affidavits of service and other documents would need to be carefully...Read more »
I live on a 2nd floor apartment with my mother and my 4 year old son who is autistic. My son is in school from 8am-4pm we get home around 5pm. He will play sporadically between 6-8 he is in bed by 9. I leave my appartment as of 8am the latest until after noon on Saturday and... Read more »
This isn't a family law question, its more in the way of a landlord issue. Discuss this with the landlord or make a police complaint. Beyond that, the only other thing you can do is put a thick carpet or some other cushioning material on the floor.
Generally, tenants are free to invite anyone they like to their apartment regardless of your feelings about it. However, if you had an Order of Protection preventing the visitor from coming to the building that would be different.
I signed a lease in July of 2019, but did not receive a countersigned lease until August 15th 2019. In June 2019, new laws went into effect that neither we (Tenants) or our landlord (LL) were aware of at the time. One of the laws states that the LL cannot charge more than 1-months security deposit... Read more »
The law would be controlling in the situation you described. If you can't persuade the landlord to return the extra security deposit to you, you could take the landlord to Small Claims Court. In the alternative, you could withhold the amount in question from your rent but the landlord might start...Read more »
I gave his Assistance $500.00 security deposit on August 23,2019,
Called & texted his assistance on the 31st of August to ask for the security deposit back, but in the text messages it tells me if the text has been read, I then texted her again letting her know that I know she has read my... Read more »
It isn't clear from your description why the landlord would give you back the security deposit you paid. If you just moved in a security deposit would not usually be refunded to you until after you had vacated. If you signed a lease and paid the security deposit then but changed your mind and...Read more »
Most rentals of basement/cellar apartments are violations of relevant housing codes. The landlord may be subject to fines for the improper use and the tenant may have a defense to the landlord's efforts to recover rents. It may be possible to negotiate a settlement that results in a payment to...Read more »
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