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New York Landlord - Tenant Questions & Answers
3 Answers | Asked in Bankruptcy, Collections and Landlord - Tenant for New York on
Q: I filed for bankruptcy in December of 2021. Could the servicer foreclose on me in 2022?

I filed for chapter 7 bankruptcy in 2021. The courts discharged my mortgage on my home. The servicer transferred the mortgage to a new servicer. The servicer has indicated that they have accrued nearly $5,000 in legal fees. Is the servicer legally able to foreclose on me within one year of my... Read more »

Howard E. Knispel
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Howard E. Knispel
answered on Apr 1, 2022

There is no law that allows a person to live in their home if they are not paying the mortgage. If you filed Chapter 7 then you either intended to surrender the home or redeem (pay off the entire mortgage).

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1 Answer | Asked in Contracts, Real Estate Law, Construction Law and Landlord - Tenant for New York on
Q: we rented/own property from a shady dealer who promised that we'd have foundation (there isn't). can we sue or get help?

my mother who rented from our old landlord was promised that the three houses (trailers) would have foundation under all of them. when the ink was placed and the money spent we were stuck with 3 trailers that had no foundation, were not up to code, and now are slowly destroying themselves because... Read more »

Elaine Shay
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Elaine Shay
answered on Mar 17, 2022

In order to determine whether you have a potential cause of action against the seller, the contract that was signed will need to be reviewed. I suggest scheduling a consultation with a local attorney to have the contract and the facts of your situation properly reviewed so that you can receive the... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: My tenant lawyer discontinued my Case without my consent though we have all the proofs to win the case, what to do now?

He advised me to move out of the damaged apartment my landlord refused to fix, then upon moving out he discontinued my case cuz I can’t sue the landlord as a non-tenant

Walter Sage Jennings
Walter Sage Jennings
answered on Mar 15, 2022

I answeredyour question on Avvo. just now. please refer to it.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Other lawyer did not show up for the date and the judge dismissed, then they cancelled and it was still on a later date

I had a housing court date that I showed up for. The opposing lawyer did not show up for the date and the judge dismissed. They called days later and said the clerk messed the date up the date on the answer sheet and the case is not dismissed anymore. Is this allowed? And is there something I... Read more »

Elaine Shay
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Elaine Shay
answered on Mar 14, 2022

Sometimes even court clerk's make mistakes. Even if the case had been dismissed on default, it would not be on the merits and the landlord would only need to make a motion to restore the case to the calendar.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can leasing office tell you when a tenant is moving out?
Elaine Shay
PREMIUM
Elaine Shay
answered on Mar 14, 2022

A leasing office may disclose when it expects to have a vacant apartment available.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can tenant still be evicted after applying for rental assistance that is pending?

We have a tenant who has almost never paid rent in full since he started living here but when covid started he stopped paying or would pay small amounts. We were hoping to be able to convict him once the moratorium was over but now he applied for the rental assistance program and it's pending.... Read more »

Elaine Shay
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Elaine Shay
answered on Mar 11, 2022

How does ERAP affect my eviction case?

If you have a pending eviction proceeding, your ERAP application will stay (temporarily stop) your eviction case. This stay remains until a decision is made on your ERAP application. Housing Court will not hear your case and you cannot be evicted...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: Can my landlord refuse to let someone from staying in our apartment because he doesn't like them?

My landlord evicted them from there apartment.

Elaine Shay
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Elaine Shay
answered on Mar 7, 2022

Generally, a landlord cannot prevent a tenant from having the guests of his or her choice visit or stay over in an unregulated rental apartment. However, if the tenant does not have a lease or is otherwise protected, a landlord may commence eviction proceedings against a tenant that allows guests... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: trying to transfer father's lease (rental apartment) to his daughter. what kind of letter is needed?
Elaine Shay
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Elaine Shay
answered on Mar 7, 2022

Leases are generally not transferable without the consent of both parties. If you are instead referring to succession rights, that is a different question.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Is my landlord responsible for property stolen outside apartment building when tenant was refused to bring item inside

Item was delivered but left outside because tenant was told not allowed to bring item inside apartment

Elaine Shay
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Elaine Shay
answered on Mar 7, 2022

Probably not as this did not prevent the tenant from storing the item in a different location.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can a wife use landllord & tenant court to kick an ex Husband out of the home she owns that they both live in for years?

tHEIR 24 YEAR OLD, EMPLOYED COLLEGE GRAD SON LIVES WITH FRIENDS IN ny cITY

Elaine Shay
PREMIUM
Elaine Shay
answered on Mar 1, 2022

Maybe, but the preferred method is to bring an ejectment action.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Our landlord signed new tenants but didn’t tell us when he was signing the new people, can we stay in the house?
Elaine Shay
PREMIUM
Elaine Shay
answered on Feb 10, 2022

Landlord's are not required to disclose to non-regulated tenants of their future plans for a rental unit. In the event a tenant does not have a lease and is not rent-regulated, a landord is required to serve the appropriate notice under HSTPA to terminate an existing tenant's tenancy and... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: Our landlord is threatening to evict us if we don't replace siding on the house ( it was off before we moved in) Can he?

Moved in Aug 2019; siding was off long before we got here. Contract states we are responsible for repairs and maintainence; but I would assume siding would not be included. It is going to cost upward of $5,000 to do this. He also wants us to repair the roof ( which was also damaged before we moved... Read more »

Elaine Shay
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Elaine Shay
answered on Feb 10, 2022

Unless a tenant the protection of an existing lease or is a rent regulated tenant, the landlord does not need cause to terminate a tenancy. However, if a tenant has complained about conditions that require repair and the landlord is acting in retaliation for good-faith complaints, the tenant may... Read more »

2 Answers | Asked in Personal Injury, Real Estate Law, Civil Litigation and Landlord - Tenant for New York on
Q: What kind of lawyer do I need? My single wide trailer burned down, no fault of my own! l

I had been complaining to the landlord for months they would try to fix it, it was never right, he and His Drunk handyman put in bigger fuel jets and it burned twice as much fuel. a few days ago at bed time it went out, we hit the reset and a few minutes later the furnace went up in flames, we made... Read more »

Tim Akpinar
Tim Akpinar
answered on Feb 7, 2022

First find out if your loss is covered by insurance. If there was an insurance policy in effect for the premises, then the type of lawyer you would need would be a civil litigation lawyer versed in property and casualty claims. Thankfully, it looks like no one was injured. If there is a policy in... Read more »

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1 Answer | Asked in Landlord - Tenant for New York on
Q: Hi I am landlord of New York State. I rent out a basement and the agreement is we will pay the electricity.

But the tenants use so many electricity per month and I got a thousand electricity bill per month. What can I do. The contract will be ended after 1.5 years.

Elaine Shay
PREMIUM
Elaine Shay
answered on Feb 4, 2022

Parties are responsible for the bargains they make by written contracts such as a lease. Therefore, if a tenant is using the rented premises as intended by the lease and the electric charges are higher than the landlord may have expected, the tenant is not under an obligation to agree to modify... Read more »

4 Answers | Asked in Landlord - Tenant and Personal Injury for New York on
Q: Being sued along with tenant for a dog attack. Am I responsible?

I'm a landlord in FL with a property in NY. The suit claims that my tenant's dog attacked a minor. It wasn't in the lease but we had verbally told the tenant that no pets are allowed. Am I still liable for the damages caused? What are our next steps?

Michael Bersani
PREMIUM
Michael Bersani
answered on Feb 4, 2022

You’re in luck. Under current New York State case law, a dog bite victim can only hold someone liable who either owned or harbored the dog. In your fact scenario, the landlord did neither. He simply owned the building where a tenant resided who owned and harbored the dog. it is very unlikely that... Read more »

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1 Answer | Asked in Landlord - Tenant for New York on
Q: can i use my security deposit as last months rent in long island?
Elaine Shay
PREMIUM
Elaine Shay
answered on Feb 3, 2022

Security deposits are intended to be available to pay for any damage to the apartment caused by the tenant before vacating. Applying the security deposit to last month's rent would defeat that purpose and, therefore, is not appropriate. That being said, landlords don't have many options... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: How long can a "guest" stay in an apartment for and how many hours until it is considered a tenant?

Ex; a roommates bf staying over every night, parking in the driveway, eating dinner and breakfast. Using the bathroom IE utilities, heat electric TV everyday for months. Should he be considered a tenant and start contributing towards the rent.

Elaine Shay
PREMIUM
Elaine Shay
answered on Jan 31, 2022

Someone doesn't become a "tenant" based upon the number of hours they spend at an apartment. A tenant is someone with a contractual relationship with a landlord to pay rent for the occupancy of the apartment. It seems that what you are describing is simply a "house guest"... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: Hello! I recently moved out of an apartment in woodhaven, 1 year prior to the official lease ending.

I received a verbal go ahead from the landlord. I signed my new lease to my new home on December 24th, however today I received a letter from a law office representing my previous landlord stating “you have, without permission of your landlord sublet/ and or assigned your rights of occupancy to... Read more »

Walter Sage Jennings
Walter Sage Jennings
answered on Jan 28, 2022

Based on what you have described, we do not have enough information to answer this in full. But if you have left some occupant in the apartment who was not paying rent to anyone, you may still be liable for the rent, depending on what the facts. However if the occupant that you left in the... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: Does a landlord in NY State have to serve notice to quit/cure prior to filing petition Holdover Recover Real Property?

Serving a 30 day notice together with rent demand isn't sufficient service to then proceed with a Holdover petition to Recovery Real Property? No notice to Cure or Quit ?

Elaine Shay
PREMIUM
Elaine Shay
answered on Jan 27, 2022

A rent demand is served in connection with starting a nonpayment case not a holdover proceeding. Since landlord's that are self represented are held to the same standards as those who retain counsel, avoid being penny wise and pound foolish and hire a local attorney to assist you with your... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: my house was sold at tax auction , the buyers are threatening me with a lockout eviction . what are my rights?
Elaine Shay
PREMIUM
Elaine Shay
answered on Jan 25, 2022

If your house was sold at auction, you may still have time to redeem your interest in the property. With respect to occupancy of the property, the purchaser will have to obtain an order permitting you to be evicting and should not resort to self-help.

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