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She only want security deposit back. He is keeping for less than 30 days move out notice (12 month elapsed, went to month to month). There was re occurring mold that dad had to clean (landlord didn’t, only offered a dehumidifier) due to poor renovation (drain pipe not connected. Property was... View More 
answered on Apr 2, 2023
Your daughter could file a Complaint with the New York State Attorney General [https://ag.ny.gov/sites/default/files/nyc-rent-security-complaint-english.pdf]. NYS Law requires a refund of the tenant's security deposit within 14 days after the tenant moved out. A NY landlord that does not... View More
answered on Mar 30, 2023
Contracts generally do not need to be in writing to be enforceable. Certain types of contracts do, such as those for the sale of real property or leases for periods of more than year. But unless excepted from the “statute of frauds” which requires certain agreements to be memorialized in... View More
This concerns a 62, a home attendant who worked 10+ years with a special needs individual whose tenant of record mother, LONG WITH HER, resided in a 1930, four family dwelling place in Ridgewood, N. The home attendant lived with this mother daughter team in a non traditional family relationship. In... View More
answered on Mar 24, 2023
I gather you are a friend. You posted a similar question. I suppose you believe the home attendant living with a family for all those years, in a so-called non-traditional family relationship, and with no other place of her own to call home, and now aged 62, is entitled to a permanent property... View More
Ex and I signed lease for an apartment in June 2020. After one year it became a month-to-month lease. I have not actually lived there for well over a year. Just found out that for an entire year prior to that she was taking most of the money I gave her towards my half of rent and not paying the... View More
answered on Mar 19, 2023
Dear Manhattan Tenant:
How does a month-to-month tenancy continue with you as a tenant after you moved out and ceased paying rent to the landlord?
In NYC a tenant ends a month-to-month tenancy by moving out and by not paying rent after moving out.
In NYC landlords cannot... View More
I have a 6 month trial commercial lease. Started Dec1, 2022. With a three month guarantee and there after month to month basis. After June 2023, it would renew if no notice was given within 30 days from tenant to be a year lease. I would like to leave at the end of March 2023 today I would like to... View More
answered on Mar 14, 2023
The terms seem a little unusual, but whatever you agreed will govern. If the lease is month to month, no notice is required as a matter of law. Just do not pay April, and leave by March 31. However, if your document requires something different, that will govern.
My mom recently sold a duplex that I lived in with my family. The apartment we lived in was in significant disrepair so we invested over $6000 in renovations (permission was received). We also paid almost $6000 toward a new roof as well. Though we paid for rent till the end of the month. She... View More
answered on Mar 13, 2023
Generally, tenants investing money into improving a rental unit have no expectation the landlord will kick back that money when they move out.
Locking you out of your home without a court order is a crime. If you called the police when this happened mother could face arrest.
You... View More
I put automatic payment, and I did not get it off in the last month. I have demanded the landlord to refund me back the extra rental fee for over 6 months, and I still have not received any payment. I looked it up and only deposit case is mentioned.
answered on Mar 13, 2023
If the apartment is Rent Stabilized file a complaint for a Rent Overcharge. If you prevail you may secure triple damages for that extra month paid and not refunded, promptly.
If your tenancy was not Rent Stabilized, you may inquire about filing a criminal complaint with your local NYPD... View More
I have contacted the police on several occasions, I have reached out to the landlord which he ignored my messages. These people are coming out to their backyard at 12am and dont stop until the next morning. Theyre very loud, playing music on a speaker, singing, talking loudly, being aggressive and... View More
answered on Mar 10, 2023
Noisy neighbors are frequent problems for tenants and landlords. Depending upon whether the tenants causing the problem are rent regulated or free market can significantly impact the likelihood of the landlord's ability to address the situation. Withholding rent will likely get your... View More
A 64 years old woman worked as a resident caretaker for a special needs individual since 2012. The tenant parent of the disabled individual died in 2017, the resident caretaker continued caring for the special needs person until 2019 when she was transferred to a facility for care. The caretaker... View More
answered on Mar 9, 2023
Dear Friend of a former Home Health Care Provider:
"Succession Rights" is an umbrella expression that covers all the potential relationships of a Rent Stabilized tenant with other persons sharing the apartment with the Tenant as a Primary Residence and who may be the Tenant's... View More
I have paid my rent on time and have had zero issues financially, however, there have been health hazards that needed to be addressed and were worked through with the property manager, but now I am being terminated of a renewal. Do I have the right to ask to stay under the retaliation clause,... View More
answered on Mar 5, 2023
Dear Manhattan Tenant:
Were you properly served with a written notification required by the Statute (NYS Real Property Law Section 226-C [https://www.nysenate.gov/legislation/laws/RPP/226-C]) because that is the ONLY method allowed by State Law for a Landlord to inform a Tenant that there... View More
I was informed that she isn’t able to recertify her housing government assistance apartment while have an outstanding balance. Is that accurate? Also I have asked countless times to see where my payments have been sent and I have not gotten any response from her. I’ve asked her for the... View More
answered on Mar 5, 2023
Dear Manhattan Tenant:
You may have been taken for a ride. The Tenant is not allowed to sublet subsidized housing where the tenant is required to certify. There is no barrier to certification even with a rent-due balance.
Landlord put in new heating system. I was paying for the fuel oil. Wants me to pay for the initial fill of propane, but is selling the property and has given me a notice to vacate. I am concerned that I will not be reimbursed for the unused propane.
answered on Mar 1, 2023
Dear Canadaigua Tenant:
In New York State there is no such document in Tenant and Landlord law known as a notice to vacate. Is that the name used by the landlord? If so, it is likely no more than a trick since no lawyer would use those words on a tenancy termination or notice of intention... View More
I did not move into the apartment at any time. I did not sign a lease nor did I receive keys. I requested a deposit because my step father passed away he was my mothers caregiver and I now have to be responsible for her and my uncle who is autistic and both need round the clock care. I sent a... View More
answered on Feb 24, 2023
Dear Islip Tenant
You did not create a tenant security deposit without signing a lease. The security deposit statute is not involved.
Your right to sue for recovery of the money turned over as a hold deposit depend on the writen disclosure made and signed by you and the written... View More
I have rented(subleted) the apartment in Mitchell-Lama building. My landlord is shareholder of this cooperative. And he also is a primary tenant of cooperative. I have only oral agreement about rent and must pay 2000$ per month. My landlord as a primary tenant pays to cooperative about 1000$. The... View More
answered on Feb 23, 2023
No one can prevent you from suing your landlord for overcharging rent. How you plead your causes of action is more important than knowing you like anyone else is not stopped by a gatekeeper from filing a lawsuit.
Unless the shareholder had permission to sublease, he already forfeited his... View More
My family is trying to evict my brother from my grandmas house he does not pay rent and kinda just showed up here and claims he lives here but pays for nothing and wont leave. We have no money for a lawyer and need a eviction but cant seem to find the correct information to do so.
answered on Feb 22, 2023
Dear Livingston Manor Family
If 'grandmother' owns the house, she is the only person authorized to use a common form for eviction in the local landlord court.
Depending on how your brother got into the house your grandmother will have to choose from two different types... View More
Do I astart counting the day I was served? Feb 17 ?
answered on Feb 21, 2023
Dear New York Tenant:
The general rule for counting days in New York civil practice is count forward for the number of days and exclude the day one received the notice. Like this:
From Friday, February 17, 2023
Added 14 days
Result: Friday, March 3, 2023
But... View More
Our parents owned our family house in Lynbrook, NY since 1962. My mother died in 1974. Dad married Clare soon after and in 1996 added C to the deed. He passed away in 2004. C removed his name from the deed. I have copies of the deed and subsequent alterations. Neither our father nor mother had a... View More
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answered on Feb 16, 2023
If Clare was added to Deed as a joint tenant, she was entitled to 100% when your dad passed away. If she is listed as a tenant in common with your dad, you may be entitled to something.
answered on Feb 15, 2023
Dear Brooklyn Tenant:
That is a negative [https://legistar.council.nyc.gov/LegislationDetail.aspx?ID=4950986&GUID=584F2A6A-6793-480E-A315-F0C8BDA98092&Options=ID%7CText%7C&Search=].
It is illegal to do so in an unhosted setting. But even where allowed by the controlling... View More
Now he's asking for money to clean the apartment after refusing money from me 4 times I also have brand new appliances worth 1200 that did not come with the apartment.its just want to go there and get what I can.i have personal items in there along with my clothing and etc.i should not have to... View More
answered on Feb 7, 2023
Dear Niagara Falls Tenant:
In New York, it is against the law for a landlord to take hostage of a tenant's personal property even when the tenant did owe rent and moved out. Did you call the police or Legal Services?
Just moved out of an upper apartment, landlord lived downstairs. We are being charged for things we have no control over. She was a nasty individual and we left because of her.
answered on Feb 7, 2023
Dear Rochester Tenant:
What are the improper charges? Any controversy over your entitlement to the return to you of the entire tenant security deposit begins with the mandated written itemization of damages (false, fake, or correct) delivered to you within 14 days after you moved out. If... View More
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