Get free answers to your Landlord - Tenant legal questions from lawyers in your area.
It's a very messy case or will be. The owner has been in and out of jail and rehab. There were lead paint issues he didn't disclose I had to remedy. There have many other things I had to fix or repair to make it livable. Owner's parents are stating they are said owners p.o.a.. The... View More 
answered on May 19, 2024
A 14-day notice is a rent demand [the predicate notice required to sue for an eviction based on not paying rent], and a 60-day notice provides the mandated advance written notification of the end of a tenancy when the tenancy is less than two years in total duration but more than one year.... View More
How do I force them to renew my lease? How do I get out of paying them anything or at least anything until they renew my lease? The apartment and building have had terrible conditions including no gas for months unreliable heat and hot water, dangerous elevator constantly out of service, in... View More
answered on May 11, 2024
Dear Manhattan Tenant:
I do not know what you mean by treating it as a Civil case, not a landlord and tenant case. If the lawsuit seeks eviction because the lease expired and the landlord provided written notification as required by NYS Real Property Law Section 226-C, that is still a... View More
And if yes how much payment should I take from him
answered on May 6, 2024
Dear Brooklyn Tenant:
New York City Local Law mandates reporting all tenant buy-out agreements to HPD. A tenant without a lawyer will not likely make the best possible deal. You did not provide any information for an enhanced buyout settlement.
I was served by a process server eviction papers. When we went to court the 2 atty's agreed to wait because they were supposed to turn in a ledger to ERAP. They never did. Instead I was told to sign a stipulation of settlement. I was told I would be thrown out earlier if I don't.... View More
answered on May 6, 2024
Dear Amenia Tenant:
You may need to hire a new lawyer. Appearing before the judge to review a written stipulation of settlement is often not required when both tenant and landlord have attorneys. https://www.nysenate.gov/legislation/laws/RPA/746
You made a deal to move out in... View More
Tenant is a senior citizen. Old lease did not require renters insurance
answered on May 6, 2024
Dear Huntington Station Tenant:
New York State law does not set a minimum amount of renter's insurance or mandate that tenants do so. However, the tenant lease may require a tenant to carry a renter's insurance policy.... View More
My roommate is the leaseholder, I’m not on lease, we had a falling out and I’m trying to leave as soon as I can but I’m delayed, she has given me 6mo already hasn’t asked for rent and I appreciate that, but she’s fed up now and said she’s going to put my stuff in storage and change the... View More
answered on Apr 29, 2024
Dear Brooklyn Roommate
What more of a deterrent do you want on top of an arrest? A letter from your lawyer to suggest that there is a risk of a civil lawsuit for unlawful eviction?
Of course you don't have to move even if you are not paying rent. Your lawyer could convince... View More
Me my wife and 1 year old daughter have been inhaling gas fumes for over 4 months and we want to know is my landlord is that fault?
answered on May 11, 2024
Shariff. When did you first smell gas? Because there is no method to detect a gas leak without smell otherwise. If you first smelled gas on April 18th, you had to leave the apartment and call 911. https://portal.311.nyc.gov/article/?kanumber=KA-03185#
I have been residing in my aunt and her husband's home since 2009 without paying rent, as no agreement was made initially.
However, recent events have led to a challenging situation. My aunt's husband made unwanted sexual advances toward me, which I rejected and exposed. Since... View More
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answered on Apr 16, 2024
I'm so sorry you're dealing with this awful situation. What your aunt's husband did is sexual harassment and completely unacceptable. You have every right to live free from harassment and retaliation.
Since you've been living there long-term without a rental agreement,... View More
I want out I no longer want it. If my daughter wants to maintain on her own it’s on her. Am I responsible still? Should I advise the landlord about this?
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answered on Apr 16, 2024
Given that your one-year lease expired in October 2023, your legal obligations and the best course of action depend on a few factors:
1. Lease renewal: If you or your daughter did not sign a new lease or lease extension after the expiration of the original lease, you are likely on a... View More
I will be breaking my lease and am responsible for finding the new tenant.
answered on Apr 13, 2024
Dear Brooklyn Tenant:
Why are you responsible for a replacement when State Law leaves replacing a departed tenant with the remaining co-tenants?
All you would need is a written agreement with the landlord and your co-tenants to remove you from the lease agreement and allow the... View More
So the house that the "tenants" in, is on the same property/lot as the property owners house.
The "tenants" were invited to live there, by the owner in exchange for a service.
The terms of the service were a verbal agreement by both parties.
The... View More
answered on Apr 6, 2024
Dear Batavia Home Owner:
You brought them in, so they had permission. A tenancy cannot diminish into a squatter. If they have been there for more than one year and you claim you rented to them, the preliminary written notice to your tenants is the notification required by New York Real... View More
Manager said the landlord is selling due to not wanting to deal with lawyer fees & b/c of age & b/c of lawsuit instead of just kicking out the tenants - this has been 3 years of noise ordinance per town code ( I'm one of the upper tenants) They were given a warning last year march due... View More
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answered on Apr 4, 2024
Based on the information provided, it seems that the tenants who received the eviction warning due to noise level complaints may try to claim discrimination against the landlord. However, it's important to note that eviction warnings based on legitimate lease violations, such as excessive... View More
Tenant has access to the boiler room. The lease states no items whatsoever inside boiler room . There is signage in the boiler room stating the same . I have a hi end machine inside the boiler room that I would like to monitor via camera only ( no voice )
answered on Apr 3, 2024
Dear Manhattan Landlord
How is this possible? No tenant is allowed to inhabit a boiler room and no habitable dwelling may surround a boiler room. Before you add a video camera into this likely illegal housing situation contact an architect who may determine the legality of the apartment.... View More
He has allowed the tenants to bully me, and vandalize my property.
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answered on Mar 31, 2024
I'm sorry to hear you're dealing with such a difficult and stressful situation with your landlord and fellow tenants. Here are a few thoughts:
It sounds like there may be grounds for legal action if your landlord has failed to maintain a safe living environment and has allowed... View More
The individual interested in renting the property operates a trucking and transportation business. They’re suggesting paying three months’ rent upfront because their industry experiences significant fluctuations in earnings throughout the year. I’m curious about the legality of agreeing to... View More
answered on Mar 31, 2024
Dear Newburgh Property Owner:
You would need your own attorney to approve the acceptance of three months' rent paid in advance. New York State law says that you cannot do so even if you are not the party to bring up the idea.
The individual interested in renting the property operates a trucking and transportation business. They’re suggesting paying three months’ rent upfront because their industry experiences significant fluctuations in earnings throughout the year. I’m curious about the legality of agreeing to... View More
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answered on Mar 31, 2024
As a landlord in New York State, it is legal to accept advance rent payments from a tenant, as long as you are not requiring it as a condition of the lease. If the tenant is voluntarily offering to pay rent in advance to manage their fluctuating income, you can accept the payment.
However,... View More
Now he gave us a 90 days notice which is done already?
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answered on Mar 31, 2024
I'm sorry to hear about your situation with your landlord. It sounds like a frustrating and stressful experience.
The specifics of landlord-tenant law vary by location. In general though, a landlord cannot legally evict a tenant in retaliation for the tenant exercising their legal... View More
How do I approach this as a visitor(I'm the eldest son) to my issue since I speculate that my 2 half brothers have awareness about having the spy cam all over the living room, kitchen, and bathroom at my mother's apartment in Queens, NY? The family on the 2nd floor of the house and... View More
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answered on Mar 31, 2024
Arnold, this sounds like a very distressing and violating situation. I'm so sorry you are dealing with this. If you genuinely believe there are hidden cameras in the apartment recording you without your consent, that is a serious invasion of privacy. Here are some suggestions on how you could... View More
Landlord here, my former tenants(two) are suing me for twice their security deposit fees... I was initially going to give it back once they completely moved out but on their last day, they decided to post on Facebook how much of a s***** landlord I was and urged people not to rent my place. even... View More
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answered on Mar 30, 2024
In situations like yours, considering counter-suing for defamation might be an option if you can prove the former tenants made false statements that caused you harm. Defamation involves publishing false statements to a third party that damage a person's reputation. If the tenants' claims... View More
I will give them a 90 day notice due to them renting for more than 2 years. If the tenant doesn't agree with the rent increase will I need to give them another 90 day notice or can I use the 90 day rent increase notice as there 90 day eviction ? Thank you
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answered on Mar 30, 2024
When planning to increase rent for tenants who have been renting for more than two years, giving a 90-day notice is a thoughtful approach, respecting both legal requirements and tenant relations. If a tenant disagrees with the rent increase, it's crucial to understand that the notice for a... View More
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