If the tenant is responsible for paying for any damage caused to your property. Therefore, you can ask him to pay for repair or replacement of the item. If he refuses to pay, you may deduct from his security deposit or take him to small claims court. However, the court may only award you an amount... View More

Dear Amsterdam Tenant

Most forms of New York State residential leases provide that upon moving out any left behind personal property of the Tenant is abandoned and the Landlord is able to dispose without incurred any liability.

Of course, you did not mention that you had a lease... View More

New York Real Property Law Section 227-f provides as follows:

"No landlord of a residential premises shall refuse to rent or offer a lease to a potential tenant on the basis that the potential tenant was involved in a past or pending landlord tenant action or summary... View More

Dear Brooklyn Coop Owner

Your vehicle in your parking space.

Dear Stony Brook Property Owner:

How do you know that person is a "squatter"? Lawyers wrestle with the facts associated with defining status.

"...§ 713. Grounds where no landlord-tenant relationship exists. A special

proceeding may be maintained under this... View More

Dear Manhattan Tenant:

Generally, a sublease is subject to the main lease, primary lease, or to the over lease. Generally, in New York State, a sublease requires advance written permission from the landlord. Generally, a sublease is signed by the tenant and the subtenant, the signatures are... View More

Dear Buffalo Tenant:

More than what you observe is going on. Start with the wrong address. An address of the premises sought to be recovered in a summary proceeding is a material element of the pleading of a petition. If the wrong address is stated in the Petition, then there is no ability... View More

Dear Schenectady Tenant:

If you have a written notification to get out (a notice to quit or termination notice) and you then "leave" the tenant may very well argue you voluntarily departed. New York State Law protects an "occupant" like you from being kicked out just... View More

Dear Bronx Tenant:

No. Your mother cannot "kick you out" even if there are legal grounds to do so. You are illegally locked out. You could seek a court order in Bronx Housing Court. https://www.nycourts.gov/courts/nyc/housing/lockouts.shtml

Dear Queens Landlord:

If the current lease provides a right for the landlord to accelerate the expiration date of the lease in order to take over the apartment for personal use, follow the lease provisions for doing so. No matter what, an eviction in NYC may take as long as one year from... View More

Dear Philidelphia Tenant:

You probably need to post the question for an attorney in Pennsylvania to answer. There is no upside and an awful amount of downside and risk in volunteering to become a guarantor of another person's tenancy, rent, and lease obligations.

A property owner/tenant always had the power to call the police to remove or arrest a trespasser. A squatter is a person who may be removed from the premises only by legal process. If you have a source for the information about a new statute, please add that to your next question. Thank you.

Unfortunately, real estate transactions between family members that are done informally without an attorney often result in disputes down the road. Therefore, it is important to obtain legal representation to properly document this proposed transaction and best protect yourself instead of asking... View More

Dear Yonkers Tenant:

If you are correct that the lease provides for "rent and utilities" at a flat monthly rate, the landlord is without unilateral power to change the terms and conditions and charge separately for utilities. If you live in a house with the homeowner and there is... View More

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answered on Dec 9, 2022

I would need more information to answer this question. Does this letter prescribe an emotional support animal? Is your regular doctor a mental health professional? I assume your residence has a no pets policy. If that is the case, there are limited situations where a landlord may refuse to... View More

Any judgment entered against you can be sent for collections, no matter how small. If the judgment is fabricated, it would be fraud and not only would the collector be criminally liable: you would also potentially be able to recover a financial settlement under the FDCPA. A detailed review of your... View More

Dear Tenant:

The crucial fact in your statement is that there is a judgment (for money). That takes care of the underlying matter of whether the landlord ever had a right to make the claim for cleaning. A money judgment is subject to normal legal methods for enforcement and collection. If... View More

Under NYS law, landlord's are required to retun a residential security deposit within 14 days of vacatuer and provide written notification of the reasons for any deductions from the security deposit. If it has already been 30 days, you may commence a Small Claims Case or contact the Attorney... View More

Under NY law, the landlord must return the full security deposit to you unless he provided an itemized list of damage charges within 14 days of move out. Whether the list they sent qualifies under the law is a legal question. It may be worth it to retain an attorney to serve him with a pre-suit... View More

It would be helpful to have more information about the leases and the facts surrounding them. For example, how was it that you did you not know you were signing a lease if you in fact signed it? The facts surrounding the signing and whether a contract was formed may also be relevant. Was there... View More