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New York Landlord - Tenant Questions & Answers
1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: When does the stay on evictions end? I have a 2-family home in a small town in upstate ny. - have up and down tenants..

Down tenants owe at least $4000 - lease ends Aug 31. He told other tenant he is moving out next week. I want to sell the house so I am sort of glad he is leaving., but I need my money. Do I go to Small Claims - what procedure. I am elderly and ill. Rent is $650.00/month. He has stopped payment when... Read more »

Michael David Siegel
Michael David Siegel answered on Apr 27, 2020

For now, June 20. If he moves out, Small Claims is the way to go. Also closed for now.

1 Answer | Asked in Landlord - Tenant for New York on
Q: 501C3 school rents from local school district. NYS mandates space closed. Landlord forbides anyaccess. Is rent still due

Since mid March the ballet school is not allowed to hold classes nor enter the premises for any reason. This will go on until at least May 15th, possibly longer. The 501C3 has limited resources and the landlord, the Commack school district in NY is asking for rent to be paid during the time the... Read more »

George E. Patsis
George E. Patsis answered on Apr 25, 2020

To my knowledge the Governor has not stayed rental payments due to Covid-19. Practically speaking, the landlord cannot force payment at this time because the Courts are closed and all evictions are currently stayed. The rent may still be due, but the landlord does not have much recourse at this... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: 80 year old recently in wheel chair, apt bathroom ismall to help him without him falling. can I break lease wo penalty

lease expires in 2021. I have been here over a year. Fairfield gave me a 3 month punishment if I leave. Do I have exemption for husbands disability.

George E. Patsis
George E. Patsis answered on Apr 25, 2020

I'm sorry to hear about your predicament, this is a difficult situation that unfortunately many senior citizens face. Fortunately, New York law provides some relief.

Real Property Law 227-a states that where a tenant is 62 or older "there shall be implied a covenant by the...
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2 Answers | Asked in Landlord - Tenant for New York on
Q: Hi I have a some one move out 2.5month ago But he leave some things behind What can I do
Elaine Shay
Elaine Shay answered on Apr 23, 2020

Since the courts are essentially closed in response to the COVID19 crisis you will not be able to seek relief from them at this time. Therefore, the most efficient thing would be to communicate with the person who moved out to obtain permission to remove the belongings to be disposed of or placed... Read more »

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3 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: The windows in our apartment were not installed properly since we moved in One fell out and hit us do we have a case

We moved in May of 2019 and we noticed the windows in our living room were not installed properly. We wrote a email right away to the management company who took note of it and put it off we then continue to wright emails and phone calls to the management company who still to this day has not fixed... Read more »

Elaine Shay
Elaine Shay answered on Apr 21, 2020

If you sustained an injury as the result of negligence, you should speak to a personal injury attorney about the prospects of commencing a case for damages. As a result of the COVID crisis, the Courts are essentially closed to non-essential matters. If the repairs you are seeking are an emergency... Read more »

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3 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: What shall I do?

I have rented my apartment last December in a coop I have a lease and in the rider specifically states that the <<sublessee waives any rights or benefits which may be derived from section 226 of the real estate property law nor the provisions of the emergency sublessee Protection act nor the... Read more »

Michael David Siegel
Michael David Siegel answered on Apr 21, 2020

There is nothing you can do at this point. Evictions are stayed until further notice. The landlord/tenant court is closed until further notice. Your tenant knows this, and is taking advantage. Hopefully, the lease is long enough that you will be able to sue later, if the tenant does not pay.... Read more »

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2 Answers | Asked in Real Estate Law, Landlord - Tenant and Legal Malpractice for New York on
Q: Can I sue my building management for poor back of building care.

May sound a bit mad but im not looking to cash out here. I just want our building management to be more competent in making sure tenants do not throw garbage out the their window. There is tampons, menstrual pads, shampoo bottles, dog feces and other unsanitary things that probably shouldn't... Read more »

Elaine Shay
Elaine Shay answered on Apr 20, 2020

If you have already notified the building managment and not received a satisfactory response, it may be time to seek an inspection by the City of the conditions. You can call 311 to request an inspection for possible violations.

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2 Answers | Asked in Contracts and Landlord - Tenant for New York on
Q: Can I remove my husband from the lease - I pay all bills solely for 10 years - to make him move out?

Our children are 15 and 16. I've asked him numerous times to leave as I cannot afford a divorce at this time.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Apr 20, 2020

You would need the landlords consent to have him removed from the lease. That is unlikely as his being on the lease gives the landlord another person to sue if you don't make payments. You should also know that removing his name would not be sufficient to vacate him from the home.

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1 Answer | Asked in Landlord - Tenant for New York on
Q: Can my landlord rent out the garage and driveway to a non tenant to use it everyday for mechanical work on people’s cars

Especially during this pandemic

Elaine Shay
Elaine Shay answered on Apr 15, 2020

You can call 311 to file a complaint

1 Answer | Asked in Landlord - Tenant for New York on
Q: My landlords make noise constantly throughout the day and night, is there any league ways I can get them to stop?

They are constantly slamming all doors including cabinets and so on. They also constantly yell while being in the same room as each other, to the point that it’s almost as if I’m in the same room as them. This also includes verbal fights. The most recent of which was at 12:15am. I’ve lived... Read more »

Elaine Shay
Elaine Shay answered on Apr 10, 2020

As the courts are closed to all but essential business because of the COVID19 health crisis, there is probably not much hope a having this issue addressed by the courts in the near future. Practically speaking, the type of problem you are describing is difficult to address even without a health... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can a neighbor's estranged family member use our lobby to store clean and dirty clothes?

A neighbor's son has been storing his suitcase in our building's lobby for just over 5 weeks now. He changes clothes there daily and keeps his dirty clothes in a trash bag. The neighbor will not let him in her apartment b/c of COVID-19 contamination concerns (b/c this son is homeless).... Read more »

Gregory Byrnes
Gregory Byrnes answered on Apr 7, 2020

While there is no general prohibition on landlord's to restrict a tenant's guest's access to the common areas of the building, this situation may be an exception. It sounds like the person is residing in the hallway which would be a violation of the building's certificate of... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can an email from the apartment management company be used as a replacement for a concession rider?

I recently signed a lease with a company for an apartment. The company is not the landlord of the apartment. They basically lease the apartment from the actual owner, then lease the apartment back to individual renters like me. The whole process happened on the phone and online.

The company... Read more »

Elaine Shay
Elaine Shay answered on Apr 5, 2020

Signing a contract/lease with different terms than have been previously represented is never a good idea. Generally, if a lease has not yet been executed by both parties, it is not considered a binding contract yet.

Instead of worrying about whether the concessions will actually be...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: Can I sue my landlord if my child got pricked by a needle in the building?

Theres a drug user in my building that does drugs in the staircase. My daughter and I were walking up the stairs and she was pricked by a needle on the floor we didnt see.

Elaine Shay
Elaine Shay answered on Apr 5, 2020

Assuming you are asking about a personal injury case. Hopefully your daughter has no injuries besides the prick from the needle. In that case, most personally injury attorneys would be uninterested in the case because damages are calculated based upon the extent of an injury. Generally, damages... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: Resident for 8 years, my deposit was $999 my landlord is now requesting an additional $941 for security, is that legal?

I moved into my home 8 years ago, at that time my rent was $1495 and my security deposit was $999. My rent has been raised a few times over the years. My rent is currently $1775 and my landlord is raising it to $1940 (it will also included water and heat - new change) and also requesting that I pay... Read more »

Elaine Shay
Elaine Shay answered on Apr 2, 2020

Yes, when a lease is renewed, a landlord is entitled to ask for an increase in the security deposit being held. The landlord is permitted to hold a maximum of one month's rent for security.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Do tenants have to pay rent they owe after the Covid-19 crisis is over?

Hi, I heard that in New York there’s a new thing where tenants don’t have to pay their rent for three months until the Covid 19 crisis settles down. Would they have to pay back all of the rent after?

Gregory Byrnes
Gregory Byrnes answered on Apr 2, 2020

You still have to pay rent - however - there is no enforcement mechanism if you don’t pay rent right now. So yes, you will still have to pay back the 3 months rent in June.

1 Answer | Asked in Landlord - Tenant for New York on
Q: The Judge granted an eviction order for April 1st and the tenant hasn't moved what are my next steps during the pandemic

The tenant has been in the process since October and kept filing continuances. March was supposed to be the last month, but the moratorium has been put in place.

Gregory Byrnes
Gregory Byrnes answered on Apr 2, 2020

You are unable to do anything at the moment. All evictions are stayed.

1 Answer | Asked in Landlord - Tenant for New York on
Q: My sublet informed me yesterday she has the money for the rent but is not paying due to Loss of work in the pandmeic

I have one rental property and a mortgage on the house she is living in. She states that she will hold the money on an escrow account until she gets more income generated. Does the tenant that is on the original lease have to pay? What do I say back to the sublet about non payment.

Gregory Byrnes
Gregory Byrnes answered on Apr 2, 2020

First, she is not your tenant and is not obligated to pay you (this is assuming you leased the place to another tenant and that tenant leased it to this woman). Second, your tenant (the prime tenant) is obligated to pay you. Third, the courts are closed to non-essential matters (which this is) and... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can my landlord ask for an additional security deposit when renewing my lease? If so, by how much?

I have lived here for over 8 years, initial security deposit was $999, my rent is going up from $1775 - $1940.

Gregory Byrnes
Gregory Byrnes answered on Apr 1, 2020

Without knowing more about the lease or the tenancy, it is impossible to know. However, your landlord is not allowed to hold more than 1 month's security deposit in New York as of June 2019 pursuant to the HSTPA. Here is the primary security deposit law in New York:... Read more »

2 Answers | Asked in Real Estate Law, Landlord - Tenant and Small Claims for New York on
Q: What rights do I have as a renter during the pandemic?

I am locked into a lease until August. Recently, my household income has taken a huge hit due to reduced hours worked and wages earned, and we are struggling to make ends meet. I have always made payments early and have a great history with this company. I contacted my landlord and explained the... Read more »

Michael David Siegel
Michael David Siegel answered on Mar 31, 2020

Residential or commercial? If commercial, apply for Federal loans that pay for rent. Either way, there are no evictions for 90 days, at which point, we should all be back in business.

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2 Answers | Asked in Landlord - Tenant for New York on
Q: Hello I wanted to know if you can use your security deposit to cover your last month of rent?

My lease states “landlord may use the security to put amounts owed by tenant, including damages.”

Gregory Byrnes
Gregory Byrnes answered on Mar 30, 2020

This is a complicated question because the laws on security deposits chanced in June 2019. Here are the most relevant legal provisions that can assist you:

General Obligations Law Section 7

https://www.nysenate.gov/legislation/laws/GOB/7-108

The Rent stabilization code...
Read more »

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