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I rent a house in upstate New York. I signed a lease that says tenant is responsible for repairs under $500. A friend recently told me that she thinks this is illegal. That landlords are responsible for repairs. Now I'm wondering if that is the case? And if so, even though I signed the lease... View More 
answered on Apr 26, 2023
Dear Waterloo Tenant:
You could try this out if you are willing to hire an attorney. When a repair comes up that costs $50, do not make the repair. Or, make the repair and sue the landlord in Small Claims Court. If you lose the case, you are out the $50 and likely will pay for the... View More
BF is not on my mortgage. we have one child in common who is 6. he will not leave. i have been given conflicting information on how to proceed so i would appreciate any guidance.
answered on Apr 26, 2023
First, you need to have him served with a 10-day notice to quit. If he does not leave after the 10 days, you have him served with a 30 day notice (i.e., must serve by the end of the month prior to the month at the end of which you are telling him to leave). If he doesn't leave, you must file... View More
I rent a house in upstate New York. I signed a lease that says tenant is responsible for repairs under $500. A friend just told me that she thinks that this is not legal. So Now I'm wondering if that is true. Even if I signed the lease if that is not legal, am I bound to be responsible for... View More
answered on Apr 26, 2023
Nothing is shocking about the lease provision you described when a tenant rents an entire house not located within New York City. What would you do? Refusing to pay for the repair that your lease provides is your responsibility is a breach of the lease. Make the repair and sue the landlord in Small... View More
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answered on Apr 21, 2023
I agree with attorney Smollens except I do not think there's necessarily "plenty" of time if your claim is against the city. If the city is to blame, you have very little time to file your notice (90 days), and you need to discuss this with an attorney ASAP.
Does the Housing Stability and Tenant Protection Act of 2019 apply to me in any way regarding security deposits (14 days to return deposit, itemized deductions, etc.) or do the initial terms of my lease apply if I never renewed and it automatically became month-to-month? The initial terms of my... View More
answered on Apr 17, 2023
Dear Troy Tenant:
Your landlord is not compelled to return the tenant security deposit earlier than 14 days after you move out. You are entitled to a walk-through inspection. When you or your landlord choose to end the tenancy (month-to-month), your landlord must inform you of the... View More
I have been living in my apt for 19 years. Over the years I have accumulated quite a bit of rent arrears. My landlord says that I have to pay it all now or risk eviction. I heard that any rent arrears over 3 or 6 years in NY could be expunged. Is this true?
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answered on Apr 13, 2023
You may be referring to the statute of limitations for contracts, which is 6 years. From my "Staten Island" perspective based on my Staten Island experiences (even though the NYC courts are supposed to be unified, I am not sure how it would be handled in Brooklyn), I do not think any... View More
If a Holdover tenant completes and files with the court the TENANT’S ANSWER and
COUNTERCLAIMS in HOLDOVER CASE document, what are the steps to add more information?
answered on Apr 12, 2023
Hello. The Respondent may make a motion for leave to amend the pleading.
What do you mean by more information?
The Answer and Counterclaim is a Pleading. Ordinarily a pleading is not required to lay out the evidence.
Please I need to know why he keeps charging security???
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answered on Apr 12, 2023
I'm not sure I understand the question, but if the rent increases, so may the security to match. Is that what you mean?
When we moved in we signed our lease and utilities were included. Now her electric and gas bill is up and she's trying to make us pay for a portion of it, saying that she's only one person and she doesn't use much electricity and we're 2 people so we use more. But we're... View More
answered on Apr 10, 2023
You should clarify what the lease says, because in your question you indicate both that “utilities were included,” and also that the lease states that “Lessee [you] shall be responsible for… paying for all utility services required on the leased premises.” Where does it state that the... View More
After 50 years in the same apartment and rent up to date is he allowed to keep charging security deposit
answered on Apr 8, 2023
Dear Brooklyn Tenant
With every Rent Stabilized Tenancy lease renewal offer the mandated State form provides the table for calculations for the new rent at the tenant option of a one or two year lease as well as the required additional money necessary to balance the new rent and the... View More
My landlord wants me to pay security deposit and we've been in the same apartment for 50 yrs and no rent due
answered on Apr 7, 2023
Dear Brooklyn Tenant
Your landlord cannot hold more than one month's equivalent of the current monthly rent in a security deposit. After 50 years of tenancy your landord is not entitled to fifty month's worth of rent for the security deposit, only one. Hire an attorney to recover... View More
I applied for a New York apartment, it was accepted, and I paid the security deposit. The application states that the security is forfeited after 2 weeks if a lease is not signed. This was on March 17th. We had agreed I could sign the lease in mid-April (no exact date). I had decided to go with a... View More
answered on Apr 6, 2023
They are taking advantage of you since you are in Anchorage and out of reach of suing in NYC Small Claims Court. There is no such thing as a "security deposit" without the existence of a lease. The two fit as a hand in a glove. Whatever money you paid to hold the apartment for you is not... View More
Thank you Mr Smollen for your comprehensive response to my question concerning succession rights.
answered on Apr 2, 2023
Dear Flushing Tenant:
Thank you as well for using JUSTIA as a platform to secure some basic information about your tenant rights. Nothing we do here is a substitute for having your real-life attorney.
I moved out of an apartment and the landlord, besides keeping my $630 security deposit, sent an invoice for an additional $1500, all for supposed damages. The damages were for things like paint, carpet, and blinds, all of which were 15 years old because I was a long-term tenant and the items were... View More
answered on Apr 2, 2023
I cannot imagine any collections company getting involved this early without a judgment in the landlord's favor. In Small Claims Court it usually comes down to which side of the dispute the judge or arbitrator feels best presented their case. This is known as prevailing by a preponderance of... View More
I am trying to get out of this lease, it is a non-regulated property. The landlord is insisting that I have to relet the apartment and I am still liable.
answered on Apr 2, 2023
Dear Syracuse Tenant:
It does not sound to me that you have a lease without the keys in hand and a delivered countersigned lease received from the landlord. Since you did not give the 'landlord' any money that must be returned why are you concerned about what this failed landlord said to you?
This caused false understanding that continues to-date for approximately 1 year at this point. As an example, I heard that the word Eviction was translated into a word from a different language, that if translated back to English, would be Inadmissible or Not Allowed to Enter, instead of Ejectment.... View More
answered on Apr 2, 2023
The New York Court System rarely responds to this type of complaint. You need to inform the lawyers who will try to answer you who did you address this complaint to. Just stating you wrote to the court and have no response could mean you did write to the right person or you did not.
Is that something that happens often? How can someone question whether it is valid, I cannot afford an attorney - how to protect myself? They want to evict me.
answered on Apr 2, 2023
Dear Brewster Tenant:
Yes challenging the veracity of the merits of the tenant ERAP application by a Landlord's motion to vacate the stay became quite common after the Court System resumed the business of eviction as usual. If you cannot afford an attorney did you try for Legal Aid?... View More
My friend owns a funeral home in Bronx, NY. People he trusted over the years have locked him out of his home/business, changed passwords on accounts and access to his business website.
answered on Apr 2, 2023
Help your friend hire a lawyer because this attack on his livelihood, home, business, and accounts cannot be reversed and undone without a court order from Bronx Supreme Court.
My lease doesn't allow sublets or assignments. I asked, and they said no. I've considered using Real Property Law Section 226-b, but would like to know more about the process before proceeding? Additionally, the lease says nothing about "breaking" the lease or a penalty involved... View More
answered on Apr 2, 2023
DearBrooklyn Tenant:
Initially, you must have a lease and a tenancy in a building with at least four apartments for NYS Real Property Law Section 226-B to provide you with a right to sublease.
"...2. (a) A tenant renting a residence pursuant to an existing lease in a... View More
I hold order ov protection against you
answered on Apr 2, 2023
You should inquire about your right to call the police from a Pennsylvania-licensed lawyer if you live in Philadelphia.
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