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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: Can you use your security deposit to cover rent in NYS (due to COVID) if you are at the end of your lease?

My partner and I suffered substantial income loss due to COVID and we advised our landlord that we would like to use our security deposit for our June rent. Our lease is up on 7/31 and we will likely move out as we can no longer afford our rent because of income reductions. We have an excellent... Read more »

Sharon M. Siegel
Sharon M. Siegel answered on Jun 23, 2020

You can use your security to pay the rent. Technically, you are supposed to replenish it, but it is not necessary.

1 Answer | Asked in Landlord - Tenant for New York on
Q: How can I get a friend to move out of my apartment? She is not on the lease and won't move out
Nina Mironenko
Nina Mironenko answered on Jun 23, 2020

You have to file a petition to evict her in the landlord tenant part of your local court (probably local district court).

1 Answer | Asked in Landlord - Tenant for New York on
Q: My aunt wants to kick me out in ten days can she do that even tho ive been here almost 3 years and get mail here

I pay rent and havent found a place to go yet. Is she legally allowed to do this? The reason is because i check her when she tries to spend my money after i have paid her rent.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 21, 2020

Although this is really a landlord-tenant issue, the answer to your question is that since you have paid her rent, she cannot just kick you out if you don't want to go. Your aunt would have to follow certain rules like giving at least 30 days written notice and if you don't move out... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: Will eviction warrants be allowed to process for holdover cases on June 20th in NYC ?
Elaine Shay
Elaine Shay answered on Jun 8, 2020

Pursuant to Executive Order 202.28, the moratorium of evictions was extended through August 19, 2020.

Since the language references "initiation of a proceeding or enforecment of either an eviction of any residential or commercial tenant for nonpayment of rent" you can make the...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: If my lease doesn’t say “no pets” and I get a pet, can my landlord make me get rid of the pet or evict me?
Elaine Shay
Elaine Shay answered on Jun 1, 2020

If a pet damages the apartment or creates a nuisance, a landlord may seek to terminate a tenancy regardless of whether there is a "no pet" clause in a lease. Even when a pet is well behaved, a landlord may decide not to renew a future lease in a non-rent regulated apartment if a landlord... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: Building has a reported Covid19 & tenants are unsafe. I want to understand how we move out and not continue our lease.
George E. Patsis
George E. Patsis answered on May 30, 2020

The lease may have an early termination clause. You should thoroughly review the lease to see if it provides you with any options. Try talking to the landlord, maybe they can correct the safety issues.

Generally, a lease cannot be terminated just because someone in the building is...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: What type of door is required into my apartment from the corridor?

I live in a two story, 6 unit building built in the 1920s and converted to the current number of units in early 1950s. The door to my apartment is self closing and swings into the corridor (not into my apartment). I discovered while changing the locks (apartment only came with a dead bolt and no... Read more »

Elaine Shay
Elaine Shay answered on May 20, 2020

If describing your concerns and asking the landlord doesn't work, the surest way to get an answer to your question would be to file a complaint with HPD and request an inspection. If the inspector find the existing door to be a violation, the landlord will have a set amount of time to... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: Minor dust is showing left behind a few hung items on walls can landlord charge me for painting all walls?

And take it from my security?

George E. Patsis
George E. Patsis answered on May 18, 2020

Your question depends on the language contained in your lease. Generally, normal wear and tear is expected and should not be charged to the security deposit.

2 Answers | Asked in Landlord - Tenant for New York on
Q: My old landlord said I can use her garage to store my washer and dryer. Now she says she sold them
Elaine Shay
Elaine Shay answered on May 18, 2020

Once the courts re-open, you will be able to commence a case in Small Claims Court to seek damages.

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2 Answers | Asked in Real Estate Law, Business Law and Landlord - Tenant for New York on
Q: I own a barbershop/salon the landlord wants 2 months of rent I'm suffering by the COVID19 Virus what is the best option?
Elaine Shay
Elaine Shay answered on May 18, 2020

Pursuant to Governor Cuomo's Executive Order, the moratorium on evictions has been extended to August 20th, so there is no immediate threat of eviction. However, the Executive Order does not relieve a tenant's obligation to pay rent.... It just temporarily removes the ability of the... Read more »

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1 Answer | Asked in Landlord - Tenant for New York on
Q: Brother in law was caught with a washer in my apartment which is not allowed. Does that mean automatic eviction?

My brother in law is on section 8 and lives in apartment that does not allow washing machines but was just recently caught with one He lives in NY does that mean automatic eviction?

Elaine Shay
Elaine Shay answered on May 17, 2020

Don't panic. First, due to the Covid-19 crisis there is currently a moratorium on evictions until August 20, 2020. Second, evictions require a judicial process that affords tenants a number of protections and your brother-in-law is likely entitled to an opportunity to cure.

2 Answers | Asked in Landlord - Tenant for New York on
Q: If dust is left behind on the wall from pictures being on there can my landlord take out of my security

And charge me for the whole wall to be painted

Gregory Byrnes
Gregory Byrnes answered on May 16, 2020

It depends, but if it is normal "wear and tear", it should not have been deducted.

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1 Answer | Asked in Real Estate Law, Civil Litigation and Landlord - Tenant for New York on
Q: Landlord files a lawsuit in 2017. Never sent me any notice and its 2020. How can i get this cleared from my record?

In 2016 I lived with roommates and moved out the following year. I did not renew my lease and one roommate ended up staying. I returned my keys to the landlord and even wrote a nortarized letter stating i will not be returning, as per their request. Fast forward to 2020 i learn that they had filed... Read more »

Michael David Siegel
Michael David Siegel answered on May 14, 2020

If there is an existing judgment, and you never knew about the case, and you have a return of keys defense, you can move to vacate the judgment. I charge $800 for this motion if it is in Civil Court in NYC.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Need a Letter of Satisfaction prior to Quick Claim Deed, but he's refusing. Advice?

My parents are divorced but still own a house together. My father asked my mother for a quick claim deed on the house, which she agreed to. However, she needs a Letter of Satisfaction to make sure she is not financially responsible for the property/mortgage. He refuses to sign it, claiming she is... Read more »

Michael David Siegel
Michael David Siegel answered on May 13, 2020

You are messing up legal terms and concepts, and making this way too complicated. By contempt of court, I assume there is a matrimonial case. If there is a decree there, your mother must do what the decree says. If it was a stupid decree, you may need a motion in that case to clarify or amend... Read more »

1 Answer | Asked in Health Care Law, Insurance Bad Faith and Landlord - Tenant for New York on
Q: What is a landlords responsibility if a tenants apartment is uninhabitable due to health violations?

My bathroom ceiling is dripping meriatic acid due to an upstairs neighbor pouring it down the drains. The entire apartment filled with smoke due to the chemical reaction when in contact with metal. What is the protocol for a situation like this? Is it the landlords responsibility to provide us with... Read more »

Gregory Byrnes
Gregory Byrnes answered on May 13, 2020

Your landlord should fix the issue. Your first step should be to let your landlord know so they can fix it.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Question about tenants living

I live in the first floor and the people upstairs don’t pay rent they live for free and the person who has leased the apartment is away. These people who now live upstairs have been causing a lot of noise and ruckus’s throughout the whole day and night. What can I do legally to stop this.... Read more »

Elaine Shay
Elaine Shay answered on May 11, 2020

If you are a tenant, you may alert your landlord to the problem you are experiencing and ask for assistance. Unfortunately, as a result of the Covid-19 crisis, the landlord cannot commence legal action against these neighbors until the courts reopen for regular business.

1 Answer | Asked in Landlord - Tenant for New York on
Q: (NYC) Am I able to leave my NYCHA apartment?

I am the lease holder of a NYCHA apartment in the Bronx. I would like to surrender the apartment and leave however I have a guest that has been there for more than 30 days and does not want to leave due to no evictions at this time. Can I still surrender the apartment? What happens if I surrender,... Read more »

Elaine Shay
Elaine Shay answered on May 11, 2020

Generally, a tenant must deliver vacant possession of the premises to the landlord before being relieved of his or her obligations. However, it may be possible to negotiate on your own or with the assistance of an attorney for the release from your obligations in exchange for your cooperation with... Read more »

3 Answers | Asked in Landlord - Tenant for New York on
Q: New York State - when exactly are security deposits required to be placed in an interest bearing account?

I currently own one 4-unit building and plan to purchase additional properties in the near future, all in NY. From what I gather in the responses, the 6-unit law pertains to an individual building, not the total number of units a landlord owns, correct?

Also, I read that if the deposit... Read more »

Elaine Shay
Elaine Shay answered on May 6, 2020

Security deposits are intended to be placed in a designated security or escrow account upon receipt. Generally, the parties can negotiate for the money to be deposited in an interest earning account. However, since the landlord is also generally allowed to keep up to 1% of any interest earned as... Read more »

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Applied for an apartment- lost my job less than 24 hours after and want my deposit back? NYC company is telling me no

I am a recent college graduate who applied for a NYC co living apartment (shared w roomates). I submitted my bank info, authorized credit check, etc. and let them know I will be starting a post grad job this summer.

Less than 24 hours later, I learned my job has been postponed indefinitley.... Read more »

Michael David Siegel
Michael David Siegel answered on May 6, 2020

How much money is at stake? Your rights would be determined by whatever you signed when you paid. Your job loss was not their fault, so it is possible you have no claim.

1 Answer | Asked in Landlord - Tenant for New York on
Q: I have a female tenant. She is the only one on the lease.Her son came ,I thought to visit her,so I thought. He moved in

Live in N.Y

Gregory Byrnes
Gregory Byrnes answered on May 3, 2020

She has to have her son live there. https://www.nysenate.gov/legislation/laws/RPP/235-F

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