Get free answers to your Landlord - Tenant legal questions from lawyers in your area.
I own the home and my landlord refuses to talk on the phone requires text or email and are currently going back and forth of lease dispute with fees.
answered on Aug 26, 2023
Okay. I'm not sure what you want to know. If the landlord owns the lot you rent for the manufactured home you own the landlord is responsible for the trees on the property. If you own a home in a MHP that is subject to State Law you may send an inquiry to the local HCR office.... View More 
I plan on moving back into the house. Can I still evict? According to OTDA it’s states if the owner or an immediate family member plan to take possession of rental then all the protections for the tenant do not protect the tenant
answered on Aug 26, 2023
Dear Valatie Property Owner
I suggest that you consult with an attorney who deals with eviction cases in Columbia County because the attorney will likely know what the local judges think about owners who accept ERAP money and try right away to evict the tenant. NYS law allows a judge to... View More
can i collect rent as long as her possessions were in apt. also, she left a tv on the curb that i will have to pay to have it taken away. she wants her full security returned in 14 days. can i collect rent till august 9, and deduct from security the cost of taking her tv away?
answered on Aug 26, 2023
Dear Schenectady Landlord
You will be sued in Small Claims Court if you did not return the full security deposit to the former tenant within 14 days of vacating the home. You did not mention that you provided the required statutory notification that you are not renewing the lease or you... View More
The waste drain pipe broke, causing sewage to drain into the basement, they fixed the pipe, but didn’t clean up the sewage or sanitized that area of the property. Also they have not paid their water and sewer bill, now I am being billed for this also.
answered on Aug 24, 2023
Your post doesn't mention the nature of the arrangement. If you reposted and added the categories "Landlord-Tenant" & "Real Estate," there would be better chances of attorneys with insight into such situations picking up your question. Good luck
My property values are over $10000, not abandoned.
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answered on Aug 23, 2023
In New York, when a lease expires, the landlord generally cannot dispose of your valuable property without following proper legal procedures. The landlord should provide you with notice and an opportunity to retrieve your belongings before taking any action.
I have rented, in Rockland County, NY, a small cottage, for more than 6 years, always paying early. There is a small shared wall in living room w/main house. The 6 month signed lease we had expired 05/31/23. Landlord emailed he agreed to renew, for 12 months this time. However, before he gave... View More
answered on Aug 17, 2023
I am sure the buyer does not want you there. It would de-value the property to have a lease. Thus, if you have no lease, you are a month to month tenant, and can be evicted. There is no obligation to give you a new one. You might have some leverage to ask for a few dollars to leave peacefully,... View More
I am three months into a year lease I signed as a tenant. I just heard today that my landlord decided to sell, and was asked to work a plan for showing the unit I'm occupying. I asked for M-F 9-5, and have been told "Having it only 9-5 will be a challenge but we'll start there.... View More
answered on Aug 15, 2023
Dear Newburgh Tenant
There is no State law that mandates a tenant give access during a normal workday to the owner's prospective investors and for that matter at any other time. A landlord could build the access obligation into a lease or not. So read the lease.
If the lease... View More
I live in Brooklyn, New York. How do I remove a person from my home who is not on my lease and has been staying with me for almost 1 year without paying any bills or money towards my rent. I attempted to have him removed by calling the police, but they stated since he lived with me, I could not... View More
answered on Aug 13, 2023
Dear Brooklyn Tenant
I gather the occupant is a guest who wants a court to order an eviction instead of just volunteering to leave you alone in your home.
This means that you are likely to need a lawyer. First to discover facts. Second to inform you of the choices that exist for... View More
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answered on Aug 9, 2023
Renting an apartment on your own and then subletting or renting it to someone else is generally known as subleasing. The legality of subleasing depends on several factors, including your lease agreement, local laws, and the landlord's policies.
In many cases, subleasing requires the... View More
I've been living at the location for 1 year on a month to month lease. I found a new place and am moving out in less than 30 days. I want my rent to be pro-rated. My landlord is saying that I have to pay the full rent, because I did not give 30 day notice.
answered on Aug 2, 2023
Dear Brooklyn Tenant
There is no statute that requires advance notice when ending a month to month tenancy in NYC. But stay over one day into the next rental period you will owe rent for the entire month. This is due to the ancient and still lawful process of New York rental law that does... View More
I paid him rent,then my bank said he tried to go into my account and take more money ,he said he waived the late fees due to me having covid,,but continued to charge me .now I'm on court.
answered on Jul 30, 2023
Dear Bronx Tenant:
Lock your landlord out of your bank account. Never pay Late Fees. A New York landlord cannot include unpaid late fees or other charges that are not Rent when a landlord sues a tenant in Housing Court.
It is The Law: A landlord cannot include Late Fees if suing a... View More
answered on Jul 24, 2023
This website should have helpful information for you: https://ww2.nycourts.gov/courts/8jd/chcforms.shtml
This tenant has been getting increasingly demanding and feels the property is hers, so we decided it was time for her to move. It is a 90 day notice. She is a month to month tenant.
answered on Jul 24, 2023
Dear Farmingdale Home Owner:
You know your tenant will lawyer up; you should do so before she does. About your ninety-day notification that you will not continue the tenancy--what is the declared end date and last day to vacate and surrender possession to you? Oddly, the Legislature did not... View More
We signed a 16 month lease in Dec. We are now 7 months into said lease. It was required that you have a minimum of 100k liability insurance on your renters insurance. We did that. Our lease is not up until April 2024. They are saying we now need to up the insurance from 100k to 300k. Can they do... View More
answered on Jul 21, 2023
Dear Albany Tenant
No. Of course not. You have a signed contract. I'm sure you will locate the clause in the lease that states the lease is the entire agreement and cannot be amended or modified without a written agreement signed by the tenant and the landlord.
Your landlord... View More
My landlord has provided an itemized statement and receipts for the deductions made to my security deposit through text messaging only, the day of the deadline (14th day) to send both itemized statement and remainder of security deposit to me by mail. I did not receive the remainder of the security... View More
answered on Jul 19, 2023
Dear Poughkeepsie Tenant:
So little law is developed in courts throughout the State dealing with the tenant security deposit statute. Likely, you would sue in Small Claims Court. I cannot predict that a local Small Claims Court would not decide that the text message satisfied the... View More
I notified my landlord of a broken AC unit over 3 months ago through email, their portal, the phone, and in person. At this time it is still not working and I have not been given an expected timeline as to when it will be repaired. The AC unit is listed both in my current lease and the one that... View More
answered on Jul 19, 2023
Dear Latham Tenant:
Very few, but I am not able to tell you what to do because I am not your lawyer. Unlike Texas [https://guides.sll.texas.gov/landlord-tenant-law/failure-to-repair], New York does not allow a tenant in the circumstances you described to make a repair legally and deduct it... View More
My son was attacked on the stairwell of my babysitter home
answered on Jul 18, 2023
So sorry to hear what happened to your son. I'm assuming your son was attacked by someone other than the babysitter. If that's the case, you'd need to demonstrate that the attack was foreseeable and could have been prevented with reasonable security measures. A sudden, unforeseen... View More
My landlord has missed the 14- day return window for refunding security deposits. July 14th was the last day of the legal timeframe. I have vacated his apartment June 30th.
I have spoken to the landlord on July 14th and he has told me that he sent it in the mail postmarked for July 13th... View More
answered on Jul 16, 2023
Dear Poughkeepsie Tenant
Your money and your time is not a matter to provide an opinion. You may win the case or settle for a negotiated amount.
My lease contains a clause stating that the tenant and landlord waive all rights to jury by trial. What does this mean?
answered on Jul 16, 2023
That is a Jury Waiver Clause. New York Courts consider the lease as an agreement made by parties with the same power to negotiate terms and conditions of the contract, even though everyone knows that there is no level playing field. A lease for most residential tenants is a take-it-or-leave-it... View More
from a tenant who otherwise would be rejected because of insufficient credit?
answered on Jul 24, 2023
Dear Manhattan Landlord:
No. On its way to better situations for tenants, New York State Housing Law created an unintended blockade for tenants who cannot fulfill most rental applications' minimum income benchmarks. You cannot help out your prospective tenant by taking the entire year... View More
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