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Landlord in Brooklyn NY. Asked long term tenant that is on a month to month to surrender property. Gave her the 90 days and officially served her with a service processor. Date to vacate was December 31st. She did not move and said she does not have the funds. So we agreed on March 31st but... View More 
answered on Jan 10, 2024
Dear Brooklyn Landlord:
Acceptance of rent after the end date of the tenancy creates a new month-to-month tenancy and would require a new Section 226-C written notification served by a process server.
In Kings County Housing Court, a surrender agreement is not likely to be a good... View More
Trying to take me to court to evict me. what are my rights
answered on Jan 10, 2024
Dear Manhattan Tenant:
Good day. There are necessary preliminary notices you must receive from the new owner who purchased the building by auction after foreclosure. You did not mention any one of those must have received written notifications. Read the information here:... View More
Trying to take me to court to evict me. what are my rights
answered on Jan 9, 2024
Since you have a lease (written lease) in effect from your prior landlord, then the new landlord may find it difficult to evict you from the premises. The new landlord will have to show that you are not paying rent, you are causing a nuisance, you are breaching the lease or the owner wants to use... View More
I received ERAP money for 15 months (over $30,000) but the tenant still hasn't paid 7 months worth of rent nor has given me any information regarding whether they will pay or not. The tenant has not talked to me at all since I was given ERAP money nor do they respond to my calls or texts.
answered on Jan 5, 2024
Dear Manhattan Landlord
Then talk to your lawyer because you may have either a right to sue for nonpayment of rent in Housing Court or Civil Court depending upon the facts.
If there is no lease your right to sue for nonpayment in Housing Court may be impaired and the right to sue... View More
answered on Jan 5, 2024
Dear Brooklyn Subtenant
There is a form of eviction proceeding available to a tenant who sublet an apartment in breach of the lease.
Often there is a race to a verdict between the Landlord looking for an eviction of the tenant and subtext and the tenant looking for a judgment and... View More
I have an eviction warrant and because of holidays marshal office said they will do eviction on Jan 2
answered on Jan 2, 2024
The landlord could have paid for a full eviction so a warehouse mover would be engaged to remove your possessions after the marshal prepares a written inventory. Or locked in the apartment if the landlord did not want to pay for removal.
I don't need to say that you could have avoided... View More
I moved in because my dad ( not biological but he was there since birth and raised me my entire life ) went into a nursing home and I was to take care of the house he passed away and his brother had right of survivor ship (my father signed when he was not of sound mind) and agreed to this. After he... View More
answered on Jan 1, 2024
If you received an eviction notice from an NYC Marshal that means you already lost the underlying summary proceeding, the landlord has a judgment and the court issued an eviction warrant and you will be evicted unless a Housing Court Judge signs an Order to Show Cause.
NYC Marshals do not... View More
I have an apartment tenant who after not paying rent has made the decision to move out on their own. They have passed the final date they have given me, and I need to know at what point I can treat them as squatters and not as a tenant. I'm aware squatters rights say that once you've... View More
answered on Dec 29, 2023
Dear Albany Landlord
A tenant even when holding over after giving notice that she is moving out never devolves to the status of Squatter. Your tenant is nothing more now than a Holdover Tenant as far as housing law goes.
Here's the rough part for you. NYS law places the... View More
I.e., do I have the right to only pay for Jan 4 - 31 for my first month?
Q2) The lease is written in the form of a sublease (i.e., I rent from the Tenant). Should I ask the "Tenant" to show me his lease to prove that he's authorized by the landlord to sublet the condo to me?... View More
answered on Dec 25, 2023
Dear Manhattan Tenant
New York State housing does not recognize the notion of prorated rent. But just because State law does not require that every rental agreement take prorated rent into account does not prevent the landlord and tenant agreeing to do so when they make up the lease. If... View More
My tenant has been keeping an adult and two young children about age 6 and under for more than 2 weeks now, when they claimed they would be only staying for a few days. The current lease states that the apartment can only be occupied by those listed on the lease. They also did not provide us notice... View More
answered on Dec 25, 2023
Dear Port Morris Home Owner
Your lease is out of date. New York State long ago invalidated lease restrictions on the way a tenant is able to use the apartment. New York State law allows the tenant to bring into the house an unrelated adult along with the other person's dependent... View More
answered on Dec 25, 2023
Dear Farmingdale Home Owner
There is no method to calculate average. There is no way to know based on the information provided which form of lawsuit your attorney would consider and what court is appropriate.
If the person you described as partner is in a domestic relationship... View More
Hello, I am in NYC. My roommate, who is co-signed on my lease agreement, decided to move out of our apartment before the end of the lease and break our lease. She told me that she is not allowed to technically be removed from the lease until a new roommate is found to replace her. However, I do not... View More
answered on Dec 25, 2023
Dear Brooklyn Tenant
Your co-tenant is mistaken. As soon as she departed and ceased payment of rent you could bring in a Roommate to replace her. This right to a Roommate is created by State law. It does not require reformation of the lease and does not require consent by the departed... View More
Why are cases allowed to be published when #1 Defendant is dead. #2 Cases are dismissed? Employers use online information to determine hiring statuses. This is not fair, if someone wants to know my legal dealings, go to the courthouse and file FOIL. Am I correct?
answered on Dec 18, 2023
You're correct. It can be unfair and harmful in job searches. Unfortunately, court orders, decisions, and other documents often become public information, appearing either in the Unified Court System online database or on commercial search databases such as Westlaw, LexisNexis, or Pacer. You... View More
i have a tenant in the basement that has not paid, i am just looking to get them out not get the money they own. Which case type is the best in this scenario?
answered on Dec 25, 2023
Dear Brooklyn Tenant
Since you are not interested in rent, likely not even collectible, if the basement apartment is not legal, end the relationship with a properly served Real Property Law Section 226-C notification and follow up with a Holdover Summary Proceeding.
Section 8 refused to allow me to move and I had to return to Rochester and pay my landlord to let me move and keep my section 8. My landlord even attempted to sue me for late fees while I was staying with family hiding from my abuser. Also the fire investigation department and the RPD did nothing... View More
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answered on Dec 7, 2023
In situations involving domestic violence (DV) and housing, there are legal protections in place, but navigating them can be complex. Under federal law, the Violence Against Women Act (VAWA) offers certain protections for victims of DV living in federally assisted housing, which includes Section 8... View More
answered on Dec 6, 2023
Do you mean a sixty-day written notification that the landlord will not renew your lease and that presents a date for you to vacate your home? If so, that is a long way from you losing the case in District Court until there is a judgment against you and a warrant. First, the sixty-day period must... View More
The impossible condition is compelling the plaintiff to require a 60 day prepaid receipt for storage, from a ‘LICENCED’ storage company in the borough of LIC, failing which the warrant of execution won’t be executed. No storage company is prepared to provide a storage receipt or estimate... View More
answered on Dec 6, 2023
Dear Brooklyn Landlord:
I guess that is one of the problems with using the NYC Sheriff [https://www.nyc.gov/site/finance/about/bios/anthony-miranda.page] instead of using an NYC Marshal. The NYC Marshal's rules for conducting eviction are contained within The Marshal's Handbook,... View More
The impossible condition is compelling the plaintiff to require a 60 day prepaid receipt for storage, from a ‘LICENCED’ storage company in the borough of LIC, failing which the warrant of execution won’t be executed. No storage company is prepared to provide a storage receipt or estimate... View More
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answered on Dec 5, 2023
In this situation, where the sheriff of NYC has set conditions for eviction that appear to be impractical or impossible to meet, there are a few steps that can be taken.
First, it would be advisable to document all your attempts to comply with the sheriff's requirements, including... View More
She has no insurance on the property that I am aware of. The tree that was struck was extremely tall, and near the house. They were told by an insurance co. to remove it years ago. She threatened to have me “ out on the street” if I contacted national grid to inspect the electrical system. She... View More
answered on Dec 7, 2023
The landlord-tenant attorneys here could address the L/T-related issues of your question, but as my colleague correctly points out, this is a complex setting. As for the personal injury attributes, it could depend on where you were situated, the tree's role in your injury, the extent of your... View More
She has no insurance on the property that I am aware of. The tree that was struck was extremely tall, and near the house. They were told by an insurance co. to remove it years ago. She threatened to have me “ out on the street” if I contacted national grid to inspect the electrical system. She... View More
answered on Dec 5, 2023
This is a rather complicated question as it evolves New York negligence law as well as landlord-tenant law. There are many questions to the answered in pursuing either one of these particular claims and so a consultation with an attorney would be necessary. Nevertheless, the tenant would likely be... View More
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