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New York Landlord - Tenant Questions & Answers

1 Answer | Asked in Foreclosure and Landlord - Tenant for New York on

Q: Why is my name appearing as a defendant in my landlords foreclosure lawsuit? And do I need to worry?

For 5 years A friend and I rented a couple rooms at house owned by another friend to assist with the mortgage after her husband left. The three of us lived in the house together. We did not have a lease and paid cash every month. I am aware of the big mistake this was. Two years, just before I... Read more »

Michael David Siegel answered on Jul 15, 2019

What I cannot understand from your post is whether you are on the mortgage or not. You could be named as a tenant, in which case you can ignore it. But if you are obligated on the mortgage debt, then you need to get involved.

1 Answer | Asked in Landlord - Tenant for New York on

Q: Which is better a lease or month to month rental agreement?

For the apartments

Elaine Shay answered on Jul 12, 2019

Neither a lease or month-to-month rental agreement are "better" than the other.... They are both means of renting that carry different pros and cons. A lease assures both the landlord and tenant are obligated to each other for a specified period of time at a certain rental rate. This can be good... Read more »

1 Answer | Asked in Landlord - Tenant for New York on

Q: What is consequences if landlord or agent don't follow landlord and tenant law for apartments in Long Island, NY? ​

Elaine Shay answered on Jul 12, 2019

There are a variety of consequences depending upon the manner in which a landlord or agent might act improperly. If you ask a more specific question, you are more likely to get responses with useful information.

1 Answer | Asked in Landlord - Tenant for New York on

Q: I had a tenant (no lease) whose rent was being paid by the VA. VA stopped paying last April.

He has since moved in other people. We took them to court to evict them. Tenant filed a motion and the court continues to extend their time in the apartment. Court ruled they were suppose to pay rent for April and May still haven't received it. What can I do to quickly evict them? We havent... Read more »

Elaine Shay answered on Jul 10, 2019

In order to legally evict a tenant, you must obtain a judgment of possession and have the eviction conducted by a Marshal. Since you describe already being in Court on this matter, you should know if you already have a judgment of possession. If you are not sure, you can ask your attorney or the... Read more »

1 Answer | Asked in Landlord - Tenant for New York on

Q: I have a wrongful eviction on my record that shows up when new landlords run credit checks. I How can I get this off?

I sent in my lease renewal late, but I had spoken with someone in the leasing department letting them know I was sending it in. I sent it in and received a signed copy from their end. Then about 2 months later I got an eviction notice. When I called the company, they had no record of my signed... Read more »

Elaine Shay answered on Jul 10, 2019

The Housing Stability and Tenant Protection Act of 2019 that was enacted in June prevents the future use of the so called "Tenant Black List". Therefore, going forward this should no longer be a problem for you.

1 Answer | Asked in Landlord - Tenant for New York on

Q: Was it legal to pay rent for basement apartment without a lease?

Elaine Shay answered on Jul 10, 2019

Generally money paid as rent for a basement apartment that may have been in violation of applicable regulations is not recoverable. However, it may be the basis for being relieved from paying future rent.

1 Answer | Asked in Landlord - Tenant for New York on

Q: Is Landlord/Agent required to provide tenant Lead Paint Disclosure of Information before tenant moving in apartment?

Elaine Shay answered on Jul 7, 2019

Useful links for info on lead paint

NYC: https://www1.nyc.gov/site/hpd/owners/Lead-Based-Paint.page

NYS: https://ag.ny.gov/environmental/lead/lead-paint-rental-homes

1 Answer | Asked in Landlord - Tenant for New York on

Q: Is it legal for three occupants to live in one bedroom (735 sq ft) apartment complex in New York?

Elaine Shay answered on Jul 4, 2019

That is a more complicated question than you may realize and can depend on who is on the lease and the relationship of the occupants as well as the square footage of the apartment. This article should be useful: https://streeteasy.com/blog/legal-number-people-nyc-apartment/

1 Answer | Asked in Landlord - Tenant for New York on

Q: Landlord wants a copy of 7 months of bank statements, which I have to pay $5.00 a month for, and threatened eviction.

They want, 2017, and 18. They want it today. Do I have to comply?

Elaine Shay answered on Jul 2, 2019

If you and the landlord have a dispute regarding possible rent arrears, the landlord can commence a nonpayment proceeding in Housing Court. As part of that case, it might be in your interest to produce proof of past payments but at this point it is your decision whether it is a sensible way of... Read more »

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Probate for New York on

Q: My friend’s common-law husband died and left his rent stabilized apartment to her in his will. The building is a co-op.

A squatter has been there for three months. Does she have rights? What can she do?

Michael David Siegel answered on Jun 30, 2019

If it is not her primary residence the rent stabilization law causes the apartment to be lost. The landlord will evict the occupant. You cannot transfer rights like this by will.

1 Answer | Asked in Landlord - Tenant for New York on

Q: landlord just served notice that after 4 years of uttilities included hes shutting them off in 4 days

if 1 month back rent not paid

Elaine Shay answered on Jun 28, 2019

The remedy for addressing rent arrears is to commence a nonpayment proceeding and landlords are not instead permitted to terminate services. If the landlord terminates your electric service, contacting the police or commencing should remedy the situation.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on

Q: Shouldn't this be to the estate to my father not directly to me? Also can they do this if I moved out as stipulated?

I'm in Harlem, NY. 3 years ago, I entered into a stipulation where if I moved out all monies they say I owed will be vacated, now the thing is, I was not on the lease, my father passed away, but I lived there since birth with him. Proved that I was there since birth. We went to court for 4 years, I... Read more »

Michael David Siegel answered on Jun 25, 2019

There is no definite rule. However, if the issue is governed by a court order, the statute of limitations, which would prevent old claims in general, might govern this claim.

2 Answers | Asked in Contracts and Landlord - Tenant for New York on

Q: I don't agree with the new co-tenant chosen by my landlord and want to break my lease.

I am on a one year lease with my current apartment and am renting one of the three bedrooms. It was an all female apartment earlier. One of my co-tenants recently moved out and my landlord wants to bring in a male to replace her. I have never lived with a guy before and am not comfortable with this... Read more »

Elaine Shay answered on Jun 20, 2019

In NYC, except for limited number of remaining SROs, landlords are not permitted to rent out individual rooms in an apartment to different tenants. Instead a landlord may rent an apartment to tenant or co-tenants that work out their own arrangements regarding the sharing of the space.... the... Read more »

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1 Answer | Asked in Landlord - Tenant for New York on

Q: I moved out of my apartment before my lease was up. I informed my landlord before I left and continued to pay my rent

My rent was paid in full through the course of the lease. My security deposit was not returned within 20 days of me moving out. One of the people I rented with did not pay $850 in rent and had a cat that caused damage (urine smell) to the apartment-lease said no pets, landlord said she gave... Read more »

Elaine Shay answered on Jun 18, 2019

When you sign a lease for an apartment, you become responsible for 100% of the rent payment due pursuant to the lease and not just your proportionate share if you have a co-tenant/roommate. Likewise you would be responsible for damage to the apartment that occurred during your tenancy whether you... Read more »

2 Answers | Asked in Contracts and Landlord - Tenant for New York on

Q: Can roommate sue after they found a subletter that later left without me having any contact in months?

I am on the lease with 2 other girls but was being harassed. They wanted to find their own subletter so I left and they later found one and I had no contact with them. I forfeited my portion of the security deposit. Now that subletter moved out too and they are looking again. Can they sue me for my... Read more »

Elaine Shay answered on Jun 10, 2019

When you sign a lease as a co-tenant, each co-tenant remains responsible to the landlord for the full amount of the rent due to the landlord. This is true regardless of whether a co-tenant moves out before the expiration of the lease.

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1 Answer | Asked in Landlord - Tenant for New York on

Q: Is it illegal to evict tenant just because they refuse to communicate. Rent is up-to-date and no other issues

I believe my landlord is illegally evicting me. reason 1.. We were up-to-date on rent, we were behind but paid the balance. Landlord claims we still owe a significant amount, we have all rent receipts (money order receipts) to prove nothing is owed. This has happened a few years ago, and I was... Read more »

Elaine Shay answered on Jun 10, 2019

If your rent is fully paid, you would have a defense to a nonpayment proceeding. However, unless you reside in a rent-regulated apartment or have the protection of a current lease, the landlord does not need cause to terminate your tenancy and commence a holdover proceeding to evict you.

1 Answer | Asked in Landlord - Tenant for New York on

Q: What do we do if we paid the rent owed but still got a court summons?

Hey! So we recently got a summons for court despite paying our owed rent within the five days’ notice they gave. It was initially issued for the end of May, but did not get to us on time so they adjusted the date, as you can see in the photo, with white-out. However, it is my understanding that... Read more »

Elaine Shay answered on Jun 10, 2019

Regardless of whether you have fully paid your rent, it would be risky to ignore a nonpayment petition. The safer course of action is to attend the court proceeding and bring your proof of payments to establish to the Court that the rent has in fact been paid.

1 Answer | Asked in Landlord - Tenant for New York on

Q: My fiancee and I are living with my parents while we get back on our feet.

My fiancee and I are living with my parents while we get back on our feet. My dad seems to think he has the right to just come into her room and just go through stuff or to look for things I tell them we don't have. They think we have no privacy rights because they listed us as guests and I think... Read more »

Elaine Shay answered on Jun 10, 2019

Depending on local building codes and relevant regulations/laws, it may not be legal to place a lock on an bedroom door in a home. However, regardless of the legal issue, you are describing a tense family situation that would probably be better resolved by making your stay as brief as possible.... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on

Q: Apartment was rented by me and my mother in Brooklyn, NY, in 2010. I name and mom’s name is still on the all utilities.

In 2012, I left the country, 5 years ago my moms boyfriend moved in. The lease agreement didn’t change, his name is not there. However he has been paying half of the rent. 6 months ago they broke up, boyfriend is refusing to move out. They are both over 60 yo. My mom still works, while boyfriend... Read more »

Michael David Siegel answered on Jun 9, 2019

An eviction proceeding is required in court to get the boyfriend out, but he appears to have no grounds to stay. However, if your mom is willing to get a restraining order due to the threats, it is possible the court may require him to move out. You can get this from the criminal court.

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