Get free answers to your Landlord - Tenant legal questions from lawyers in your area.
New landlord, one yr in to ownership , suddenly stops paying utilities. Utility Co now demands back payment from tenant and is threatening turn off of services. What rights does tenant have?
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answered on Mar 30, 2024
In situations where there was a verbal agreement with the previous landlord that utilities were included in the rent, and the building has since been sold to a new landlord who has stopped paying for these utilities, it's crucial to understand your rights and possible courses of action.... View More 
we moved in as a couple sharing the room. now my clothes and belongings are still in the room. he has his new lovers in the room for hours and every day almost and tells me I'm harassing him if i need in to get clothes. can he do that?
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answered on Mar 24, 2024
In a situation where both you and your ex-domestic partner are listed on the lease for a one-bedroom apartment, rights to access shared spaces, including the bedroom, are typically equal between the two of you. The arrangement you had as a couple, sharing the room, doesn't automatically change... View More
Landlord agrees I’m owed full deposit. I requested a wire transfer since I left USA (can’t physically cash check here, amount too large for online deposit). Landlord’s staff sometimes say their account won’t allow wire transfers, obv false since other times they say they can wire but it... View More
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answered on Mar 26, 2024
Under New York law, landlords are required to return a tenant's security deposit within 14 days after the tenant has vacated the property, provided there are no legitimate deductions for damages. While landlords may prefer certain payment methods, they cannot unreasonably refuse your request... View More
Landlord agrees I’m owed full deposit. I requested a wire transfer since I left USA (can’t physically cash check here, amount too large for online deposit). Landlord’s staff sometimes say their account won’t allow wire transfers, obv false since other times they say they can wire but it... View More
answered on Mar 22, 2024
Dear Manhattan Tenant
The controlling statute does not provide any guidance on the allowance of a deduction of the expenses incurred by delivering the security deposit by international wire transfers and not by check within 14 days. It surely would have been a better solution to have a... View More
Hello, I am in a month to month lease with my landlord. I am moving out on the 18th of the month, and have given a month's notice. Upon moving in, the landlord offered prorated rent, but when I brought this up to see if that would be an option for moving out they said no. They do not want to... View More
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answered on Mar 26, 2024
In New York, tenants are generally required to give at least 30 days' notice before leaving a month-to-month lease, which you've done. However, using your security deposit as last month's rent is not typically allowed unless the landlord agrees. This is because the security deposit... View More
Hello, I am in a month to month lease with my landlord. I am moving out on the 18th of the month, and have given a month's notice. Upon moving in, the landlord offered prorated rent, but when I brought this up to see if that would be an option for moving out they said no. They do not want to... View More
answered on Mar 22, 2024
Dear Brooklyn Tenant
New York State housing law has not built in to unwritten month to month leases the implied covenant of rent proration. This means that without a written agreement to prorated rent that there is no entitlement to do so.
Your last month rent is due on the 1st day... View More
I lived without heat and hot water for almost two years, won judgements against Housing Preservation Department (HPD) and my landlord. At this point, I want to leave. Can I use part of the judgement to move? I can't list everything that's going on, as it is quite extensive. Please advise.
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answered on Mar 21, 2024
Judgments in Housing Court, once awarded, can often be used by tenants for various purposes, including covering expenses incurred due to the landlord's failure to maintain the property. This could include reimbursement for past expenses or to address issues like lack of heat and hot water.... View More
I sent a notice saying please reply when the installation can be made but he hasn’t even seen it yet. Do I have to wait until he sees it or can I start withholding rent or take other action so he doesn’t keep ignoring me? He has been avoiding me for almost a month now.
answered on Mar 9, 2024
Ordinarily a dwelling is required to be set up in New York State with operating smoke and carbon monoxide detectors. Withholding rent without your own attorney advice is a risky strategy. But calling local code enforcement and arranging for an inspection should provide the notice of housing code... View More
On Primary Tenant behalf ???
answered on Mar 5, 2024
Dear Manhattan Tenant
While the statute only deals with the tenant right to a 'free' adjournment to secure counsel as a Petitioner you will require the consent of the Roommate and the Roommate's attorney and the Judge as well.
Beware if you securean adjournment this... View More
answered on Mar 5, 2024
Generally, if a tenant who has been illegally locked out calls the police, the police will require the landlord to provide access. If this doesn't work, you can go to your local housing court and start an illegal lock-out case to regain possession.
I live in a home that is supposedly 2 apartments,my son lives on the otherside of me,the landlord has decided to send him and i notices to quit,each for$ 23.000
That would equal 46000 all together, now hes served court papers to evict my son,and not me,yet jes never talked to me or made any... View More
answered on Mar 4, 2024
Dear Elmira Tenant:
Rent is a debt to pay to a landlord only when a rental agreement exists. A rental agreement may run month to month. Still, no landlord will find a judge ready to believe that both tenants in the two-family house simultaneously continued to live in the building without... View More
In to take over granted 6 months. Can a family member get power of attorney to get condo back in Surrogate court for the child so nephews don't get evicted.
answered on Mar 4, 2024
Without a will, all the children living when their mother passed away became the heirs of the real property. Any one of the adult children had the power to become the legal administrator of their mother's estate and transfer the deed from the decedent's estate to each sibling, as well as... View More
We received the notice over 90-days prior to renewal (June 1), that our lease will not be renewing. We have lived in this apartment building (with over 190 units) in Rochester New York for four years now. We have always paid our rent in full and on time, have not violated any lease terms/community... View More
answered on Mar 4, 2024
Dear Rochester Tenant:
In New York State housing law, retaliatory eviction is among the recognized statutory defenses a tenant has available when the landlord terminates the rental agreement, and the tenant contests the end of the tenancy as a defense of the landlord's holdover... View More
They have been tenants for over 16 years and has paid their rent. The landlord called in December to tell them they must be out by the end of March. The landlord said they do not have to pay rent during that time for them to save enough money to relocate. However, the following month he sent a new... View More
answered on Feb 25, 2024
New York State housing law does not have any specific protection for disabled residents in relation to eviction.
But tenants with a 16 year long tenancy without a lease must first be served with a written notification that the landlord is not continuing the tenancy at least ninety days... View More
My old landlord did a final walkthrough and collected my keys on 11/30/23 and is now claiming I am still responsible for rent for December and January per an addendum in my lease. If they collected my keys and I no longer have access to the unit, and they listed it as available online shortly... View More
answered on Feb 20, 2024
Dear Pen Yan Tenant:
Likely, the turnover of the keys ended the lease obligations. Did your landlord return the tenant security deposit to you within fourteen days of the turnover of the keys? If not, and if the landlord did not provide you a written itemization of legal deductions in the... View More
There is no option in my one-year lease that allows Winn to raise my rent during the lease term. Is this legal?
answered on Feb 20, 2024
Dear Albany Veteran:
No legal process exists for any landlord to charge a tenant an increase in rent during a lease term. That should be so for you as well.
https://www.hud.gov/program_offices/public_indian_housing/programs/hcv/vash
It is called the Winter Moratorium Eviction Act of 2023. Just want to confirm if that went into effect last December.
answered on Feb 20, 2024
No. The Bill is stuck in an assigned committee. It has not been passed and it is not law.
https://www.nysenate.gov/legislation/bills/2023/S1403/amendment/A#:~:text=2023%2DS1403%20%2D%20Summary,properties%20during%20the%20winter%20months.
if we are still in court proceedings for past non payment? I live in nyc. And it’s also a rent stabilized building.
answered on Feb 20, 2024
You must also be a Rent Stabilized tenant. A NYC landlord to a Rent Stabilized tenant is barred by law from refusing to renew a lease even when the tenant owes rent and even if the landlord has a nonpayment eviction case in Housing Court.
Does NY state allow early termination of a lease in the event of the death of the immediate family member who had signed the lease? My mom did not sign it, though she is listed as an occupant
answered on Feb 20, 2024
Yes. There is a statute. It is five days old today. It became effective February 15, 2024:
* § 236-a. Termination of lease of a deceased tenant. Notwithstanding
any contrary provision contained in any lease hereafter made or renewed
which affects premises demised for... View More
New York State. Upstate. Ulster county. Living in apartment after14 day notice. Petition hearing next week. Main question is, Will partial pay cancel the eviction process? For example, if I owe 7k right now and pay 1k before court, will they have to start over? Hearing is also 3 days before the end... View More
answered on Feb 17, 2024
Dear Ulster County Tenant
Partial payment even in NYC Housing Court ahead of the first Court day does not annul the landlord nonprofit proceeding so it's not likely that will happen in your Court.
Landlord and Tenant practices vary widely across the State even within the... View More
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