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answered on Jul 14, 2023
If all your invoices have been paid your attorney should release your entire file to you upon request.
I just put down a deposit for a new apartment in Brooklyn. This is a rent stabilized 421a tax abatement apartment.
There is a Tax Benefits rider that has this excerpt, "A monthly rent increase of ____ will be charged pursuant to this rider commencing on ____. On each succeeding anniversary... View More 
answered on Jul 13, 2023
Never ever EVER leave blanks in a contract you sign. If those particular terms are not applicable to your agreement, cross them out.
There is an expression "give someone a blank check." Don't do that.
On my most current rent statement there was an added $8,000+ charge. I emailed billing to find out what this was about and have not received a reply in almost 2 weeks. I went to the office and was told billing was closed until next week and they only meet by appointment. My appointment was set... View More
After he was arrested for blocking laundry room and threatening to lock me in the garage, less than two hours later a drunk guy he sent to threaten me and my husband came running down the hall screaming 'get the 'f' out - 911 recorded it all even with him saying his name and that he... View More
answered on Jul 7, 2023
Your landlord is a criminal. Police and Disrict Attorney deal with crimes. If you wish for a Civil lawsuit, I suggest hiring an attorney. An attorney can focus on the facts and plead recognizable causes of action. For instance, NY State has no cause of action based on civil harassment. Perhaps a... View More
answered on Jul 4, 2023
If you are only using the property for personal use then you would not put it in an LLC and you would only pay property tax.
Leasing an apartment and paying a certain amount for the lease. The parking space is separate and building wants a personal check monthly including tax. Can I be charged tax each month on a parking space?
answered on Jul 1, 2023
Dear Oceanside Tenant Resident Parker
Yes. NYS requires tax on the fee charged for monthly parking.
https://www.tax.ny.gov/pubs_and_bulls/tg_bulletins/st/parking.htm
In NYC this tax is over 18% in Manhattan this is the highlight tax charged in NYC. Resident garage users... View More
I don't own the house but my drivers license says my NY adress on it they are saying they will call police for trespassing if I return to ny can I return home to my primary residence without any legal trouble.
answered on Jun 29, 2023
If you are an adult your parents have a right to keep you out of their home.
Hello,
I'm subletting a room on a month-to-month basis. I gave my landlord more than a month's (almost 2 months) notice that I'm moving out mid-July. Now she wants me to pay rent for the full month of July. Is that legal?
Thanks in advance.
answered on Jun 28, 2023
Dear Brooklyn Occupant:
You did not mention if you had a written agreement or the day of the month that you paid rent.
In NYC, notice to the landlord is not required before the tenant ends a month-to-month tenancy. All the tenant must do is move out before the next rent-due date.... View More
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answered on Jun 28, 2023
The lease will largely dictate whether there is an opportunity for the tenant to cure. However, in New York City, if you are looking for a successful eviction you should have proof of multiple instances of illegal subletting, and likely provided a notice to cure. I handle these types of matters... View More
answered on Jun 27, 2023
Dear Olean Tenant:
A single dog attack is a crime. Repeated attacks are a crime wave. Did you call the police? Did you inform your landlord?
The Statutory Warranty of Habitability is not invoked before the tenant notifies the landlord of the dangerous, defective, and hazardous... View More
answered on Jun 26, 2023
Dear Flushing Occupant:
A lease is a form of real property contract made by a landlord, that is a person entitled to possession of real property, to a tenant, the person who gains exclusive use and occupancy rights of that real property in exchange for certain obligations, usually paying... View More
Present rent which is June the judge gave me till the 14 of July to pay the back owed $ on June 6 my landlord went to city marshals to get me out in 14 days my aid sent me a copy of court paper by mail with another paper saying to pay June rent on time really ?????
Never agreed to that... View More
answered on Jun 24, 2023
Generally, an agreement to pay the arrears includes a provision to pay the current rent on time. Failure to pay the current rent on time is grounds for the landlord to have you evicted. You can stop the eviction by paying all the rent you owe.
My landlord received ERAP payments in May 2022. They began sending me eviction papers through September 2022. I asked them to please stop sending me this paperwork because it's illegal to do so once they receive ERAP payments. The papers only stopped around September when I appealed to ERAP... View More
answered on Jun 23, 2023
Dear Manhattan Tenant:
It seems as though your landlord operates above the law. If all landlords acted as required by law, there would be far less work for tenant attorneys.
No matter what the landlord threw into the lease, it is the law in this jurisdiction that a landlord may... View More
I own a two family home but use all of the home for myself. I would like to airbnb one of my spare rooms. Im located in NYC and have not applied with OSE yet. On the OSE application, it states to list the type of dwelling; there is a few option on the application, should I listed it as a 2 family... View More
answered on Jun 23, 2023
Dear Staten Island Home Owner:
You need a personal consultation with an attorney. Imagine the risk of an attorney telling you what to do when the attorney has not reviewed the Certificate of Occupancy, the HPD and DOB file for your property, and the records of the Department of Finance, and... View More
residence: house, not an apartment building- in NY
primary tenant: my father, name on lease, not currently actively residing in the house
myself: son living in the house, name not on lease
another person: living here for a few months, paying rent to me
i did not ask... View More
answered on Jun 23, 2023
Dear Monroe Tenant:
Technically, your use of the dwelling without the tenant, even though you are immediate family, may be a breach of the lease unless the lease conveyed to your father greater tenancy rights than provided in the statute (NYS Real Property Law Section 235-f... View More
answered on Jun 23, 2023
Call the police it’s an illegal lockout. Hire an attorney as soon as possible. Me and a number of others handle these matters regularly.
By court hearing date i am no longer in his apt no eviction possible what about back rent and lease has expired. Can bankruptcy help
answered on Jun 23, 2023
Dear Tenant:
JUSTIA posted your address as Washington, DC. If that is correct, you should contact a tenant attorney in DC. Unless also admitted in the District, a NY State attorney cannot provide you with a proper response.
Moving out before a hearing date in NYC could deprive the... View More
Good afternoon. I have a 2 family home in Brooklyn NY I currently have a tenant whom I gave notice to move out within 3 months. For the second floor apartment there has been legaly build metal staircase for the entrance, however there is another staircase inside the house that goes to the front... View More
answered on Jun 22, 2023
Dear Brooklyn Home Owner:
I doubt that any attorney could safely guide you about your tenant's claim that the door you locked or blocked was her secondary means of egress from her apartment. Perhaps the FDNY would help here.
If you did not deliver the written notification to... View More
After the tenant was told their lease will not renew, Tenant then claims they now have an ADA disability. Full email quote below. We are allowing her to early terminate. Are we required to to address the suicidal comment?
"This act of retaliation and perhaps discrimination has... View More
answered on Jun 23, 2023
Dear Manhattan Landlord:
Do not try to handle this on your own. You need the protection of an attorney.
Now you need to respond here. In NYC, it is 100% legally impossible to end a tenancy and to inform a tenant the lease is not being renewed by being "told."
In... View More
To his daughter.
answered on Jun 21, 2023
The text message is not sufficient service but at least they are showing their hand (whoever served). You’d be best to lawyer up immediately to secure your rights which may include a buyout, or other items that would greatly reduce the impact of what is taking place with you. Time matters in... View More
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