New York Landlord - Tenant Questions & Answers

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.

Q: Can a property manager just enter a house that they have rented out to several tenants?

1 Answer | Asked in Landlord - Tenant for New York on
Answered on Feb 7, 2019
Elaine Shay's answer
Generally, in non-emergency situations, neither the landlord or landlord's agent is permitted to enter a tenant's apartment without notice. In your description of the problem, you mention having four roommates each with your own separate lease and assigned room. Depending upon the type of property you are residing in, it is not legal for a landlord to rent individual rooms in an apartment to separate tenants.

Q: Illegal lockout & illegally moved belongings able to get back in by police can I file complaint against landlord?

1 Answer | Asked in Landlord - Tenant for New York on
Answered on Feb 7, 2019
Elaine Shay's answer
Yes! You can file a claim for damages from the illegal eviction.

Q: Can you seek leniency from the court to avoid extreme hardship

4 Answers | Asked in Bankruptcy, Foreclosure, Real Estate Law and Landlord - Tenant for New York on
Answered on Feb 3, 2019
Jonathan David Warner's answer
No, not generally, but sometimes a Judge will grant some *limited* timeline (a few weeks, maybe) for you to vacate the property.

For what it's worth, and with all due respect, this is almost definitely not the first notice you've received. If you want to protect your children, it's best not to ignore these Court notices and to move out of your home quickly. While moving is not always easy, it's better to do so on your own terms - and without the Sheriff's deputies forcibly evicting you...

Q: Can NYC Marshal demand my rent check for my landlord's judgment? I am being threatened if I do not cooperate.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Answered on Feb 1, 2019
Elaine Shay's answer
In order to address your question, the notice you received would have to be reviewed.

Q: Can owners that lives at and rents the upper floor of a 2 family home, be punished for retaliation under this law in NY

1 Answer | Asked in Landlord - Tenant for New York on
Answered on Feb 1, 2019
Elaine Shay's answer
Landlords are prohibited from harassing or retaliating against tenants who exercise their rights. For example, landlords may not seek to evict tenants solely because tenants:

Make good faith complaints to a government agency regarding violations of any health or safety laws

Take actions to protect their rights under the lease

Participate in tenant organizations

In New York, there is a presumption of retaliation if the landlord acts in this manner within six...

Q: My friends landlord has been infringing on her rights as a tenant, and the house is unlivable.

1 Answer | Asked in Civil Rights and Landlord - Tenant for New York on
Answered on Feb 1, 2019
Elaine Shay's answer
In NYC if a landlord fails to make necessary repairs, a tenant may commence an HP Proceeding in Housing Court. A housing inspector will inspect the premises and report any violations so that the landlord can be compelled to make necessary repairs.

Q: Excuse me?

2 Answers | Asked in Consumer Law, Civil Rights and Landlord - Tenant for New York on
Answered on Jan 31, 2019
Elaine Shay's answer
In order to evict a tenant in New York City, a case must be commenced in Housing Court. Before commencing the case, certain predicate notices must be served. If you are a tenant without a written lease in a non-regulated apartment, you should expect to receive a 30 Day Notice before any court papers. Once a judgment of eviction is obtained in Housing Court, the court has the ability to stay the eviction for a maximum of six additional months.

Q: I have family visiting with a service dog , I have given landlord papers on service animal & landlord served us

1 Answer | Asked in Landlord - Tenant for New York on
Answered on Jan 28, 2019
Elaine Shay's answer
So it sounds like the Landlord was not satisfied with the papers you provided and is taking steps to commence a holdover proceeding to evict you from the apartment. A Notice to Cure is the first predicate notice usually served in the process followed by a Notice of Termination and then the Notice of Petition & Petition. Provided you defend the Holdover Proceeding the Landlord seems intent on commencing, you should be able to avert an eviction if the dog is an eligible medical need....

Q: Maintenance issues in a luxury NYC apartment

1 Answer | Asked in Landlord - Tenant for New York on
Answered on Jan 28, 2019
Elaine Shay's answer
There are a number of things that you can do to compel your landlord to make repairs. The first would be to commence an HP Proceeding in Housing Court to correct any violations. However, you may also attempt to seek a rent abatement because of the conditions in your apartment. Individuals are not required to have representation to attempt either but it often benefits them to do so.

Q: I went to court on December 7,2018 for a OTSC I was denied it’s been a month and I have not been served with eviction

1 Answer | Asked in Landlord - Tenant for New York on
Answered on Jan 8, 2019
Elaine Shay's answer
Generally, you must be served with a 72 Hour Notice by the Marshal before your eviction takes place.

Q: I'd like to know if my tenant can get evicted if the stipulation states to accept payment for December nothing further?

1 Answer | Asked in Landlord - Tenant for New York on
Answered on Jan 7, 2019
Elaine Shay's answer
Without reviewing the entire stipulation, an accurate answer to your question cannot be provided. If you had an attorney represent you in the case, you should direct your question to that attorney.

Q: Property is being sold with an active fixed term lease, do I have to move?

1 Answer | Asked in Landlord - Tenant for New York on
Answered on Jan 7, 2019
Elaine Shay's answer
Unless you are a rent-regulated tenant, your lease provides the basis for your rights and obligations. If the lease provides that the landlord can terminate the tenancy on 60 days notice without cause, then the fact that the landlord may elect to do so to facilitate a sale of the property would not be a defense. However, if you fail to voluntarily vacate at the end of the 60 day notice period, the landlord could not simply lock you out but would be compelled to commence a holdover proceeding...

Q: Landlord wants me to move out do to construction im on a month-month rent is that legal?

1 Answer | Asked in Landlord - Tenant for New York on
Answered on Jan 7, 2019
Elaine Shay's answer
If you are not rent-regulated and do not have a lease, the landlord can seek to terminate your tenancy without cause. However, if you do not voluntarily surrender the apartment, the landlord will be required to commence a holdover proceeding in Housing Court to regain possession of the apartment. With the proper representation, favorable terms may be negotiated to assist you with the relocation process.

Q: My apartment is full of rats and roaches and landlord won't fumigate I have 2 children and it's a basement what can I do

1 Answer | Asked in Family Law and Landlord - Tenant for New York on
Answered on Jan 7, 2019
Elaine Shay's answer
Since you describe living in a basement apartment, it is likely that you are living in one of the many "illegal" basement apartments that are common in the area. Therefore, it may not be safe for you to live in the apartment with your children. Ultimately, you will have to move if the landlord seeks to evict you through Housing Court but it is possible that a lawyer could help you negotiate favorable terms from the landlord that would help you get a fresh start.

Q: evicting tenant in a house being sold

1 Answer | Asked in Landlord - Tenant and Real Estate Law for New York on
Answered on Dec 12, 2018
Michael David Siegel's answer
Do not close until the tenant is evicted. Yes, the new owner must start over.

Q: What are tenants' rights with no lease in Flushing that are being evicted this month? Rent was always on time.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Answered on Dec 9, 2018
Elaine Shay's answer
Tenants have numerous rights but some vary depending upon the the size of the building and whether the tenancy is rent-regulated. If an apartment is not rent-regulated and a tenant does not have a lease, the landlord has the right to terminate the tenancy and seek to recover the apartment through a holdover proceeding in Housing Court. Think of it as a no-fault eviction. However, even in this scenario the landlord has to follow a number of rules to successfully obtain a judgment of eviction...

Q: My husband and I are renting with the option to buy can we get our money back?

3 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Answered on Dec 3, 2018
Nina Mironenko's answer
When you lease the there is a warranty that the premises are "habitable", which your house is not given the black mold. Contact the landlord (with the correct notice as per your lease) advising that the premises are not habitable due to the black mold. If he refuses to return your money ( I would also demand broker's fee if there was one) you must go into landlord tenant court.

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