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New York Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for New York on
Q: Hi - what is the current statute of limitations for residential rent arrears owed? Is it still 6 years?
Aubrey Claudius Galloway
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answered on Aug 10, 2024

In New York State, the statute of limitations for residential rent arrears is generally six years. This means that a landlord has six years from the date the rent was due to file a lawsuit to recover unpaid rent.

Here are some key points to consider:

1. **Six-Year Limit**: Under New...
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1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Landlord - Tenant for New York on
Q: Do I have a civil case against Albany housing authority if they served me improperly showed up to court 10 min late

Summary judgement was given to Albany housing authority after they inflated my rent from $50 to $960 retaliation, breach of warrant of habitability, tenant and fair housing rights and disability rights violated and illegal lockout resulting in my homelessness and loss of all my belongings in which... View More

James L. Arrasmith
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answered on Jul 27, 2024

Based on your description, it sounds like you may have grounds for a civil case against the Albany Housing Authority. Improper service, showing up late to court, and inflated rent could be significant issues. If the rent increase was retaliatory, and there were violations of habitability, tenant,... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: Landlord leased my apartment to new tenants before my lease was up.

I paid rent at my former apartment for the full month of June. I moved in to my new apartment on June 15th. The broker who was showing my former apartment knew I was going to be moving before my lease was up. He told the new tenants they could move in early (June 24th). He sent me a text saying... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jul 11, 2024

If the landlord has kept the rent for a period where the apartment was leased to another tenant, you have a legal basis to demand those funds be returned under Real Property Law Section 227-e.

1 Answer | Asked in Landlord - Tenant for New York on
Q: If rent was accepted month of lease termination June 10 and rent excepted Before holdover court date July 1st court

Court date came July 3 can case be dismissed

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jul 11, 2024

If the landlord accepted rent after serving a notice of termination or commencing a holdover petition, the case should be dismissed.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Our current landlord has sent us notice to vacate premises in 30 days. We are a month to month tenant.

We have lived in this place since October 2022. Landlord said he needed it for other reasons. I thought 60 days was the legal notice amount. Also can we legally ask landlord to help with moving costs i.e. brokers fee, 1st month rent or security especially if we only have 30 days which is short... View More

Aubrey Claudius Galloway
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answered on Jun 26, 2024

Don’t pay your last months rent and let the landlord take your security deposit in Lou of it.

1 Answer | Asked in Contracts, Government Contracts and Landlord - Tenant for New York on
Q: hi i have a concilation agreement contract with hud for discrimination for my sevice animal will any one look at it?

they are willng to pay but they want me to sign a w9 and 1099 tax form

Tim Akpinar
Tim Akpinar
answered on May 31, 2024

Attorneys on this forum can't take up your offer to review your contract. The format here is limited to Q & A. It isn't set up for attachments or confidential review of documents. That's probably why the question wasn't picked up. You could reach out to attorneys through the... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: I need to assign my lease; my request was denied and I'm not sure if it qualifies as "unreasonable" per tenant rights.

I submitted a request to assign my lease (one-year lease ending on August 31st). My reason for request is that I have to leave the state for a job, and cannot continue living in the apartment and paying rent for the remaining months. I have not had any issues paying rent in a timely manner (or any... View More

Jack Mevorach
Jack Mevorach
answered on May 28, 2024

This issue usually presents itself in the context of a rent stabilized tenancy. It appears that your first choice is to temporarily sublet and then, if that's not possible, terminate early. Am I correct?

Jack

1 Answer | Asked in Landlord - Tenant for New York on
Q: What is a relinquished tenant based voucher?

Living in Nycha 42 years they stated I must sign a Relinquish form.

Steven Warren Smollens
Steven Warren Smollens
answered on May 11, 2024

Dear NYCHA Tenant:

You will need to show that form to a lawyer. There is no form with that description at https://www.nyc.gov/site/hpd/services-and-information/section-8-forms.page

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can my landlord force a house inspection in less than a wk on me? Then threaten to change the locks just to get in do It

What if I’m not home, can he just come inside?

Steven Warren Smollens
Steven Warren Smollens
answered on Apr 22, 2024

Dear Oceanside Tenant

Threatening to change the locks likely is a crime in NY and the NYS Unlawful Eviction statute would police to arrest

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can my landlord legally give my phone number to a non payroll worker for such purposes as delivery of paperwork?
James L. Arrasmith
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answered on Mar 30, 2024

The legality of your landlord giving out your phone number to a non-payroll worker for tasks such as delivering paperwork can vary depending on the privacy laws and regulations in your location, as well as any agreements you might have with your landlord. Generally, landlords should protect your... View More

1 Answer | Asked in Civil Litigation, Land Use & Zoning, Landlord - Tenant and Small Claims for New York on
Q: Can I sue my landlord?

We have been living in an apartment for almost a year. In the second month of living here, the heater went out and the landlord took over 6 months to fix it, throughout the entire “heat season” in nyc we had no heat. For the past two months we withheld rent to force him to fix the problem. He... View More

Michael David Siegel
Michael David Siegel
answered on Mar 4, 2024

Call "311" and have the Department of Buildings issue violations. You cannot be evicted while violations are present.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Does a written lease agreement take precedence over previous leases/intent when the listed lease term is incorrect?

My fiancée and I have lived in our current apartment in Upstate New York for just under 8 years. After the first, our leases have historically run 1 Oct--30 Sep. We've been happy with the property and management, but an opportunity arose to upgrade to a townhouse in a community that rents out... View More

Elaine Shay
Elaine Shay
answered on Mar 4, 2024

Generally, the terms of the most recent written lease control the term of the tenancy, including the end date of the lease.

1 Answer | Asked in Landlord - Tenant and Personal Injury for New York on
Q: can i sue my landlord, my ESA dog fell out a 2nd story window. none of my windows are compliant with building code

esa dog is in critical condition amputated leg

Elaine Shay
Elaine Shay
answered on Mar 4, 2024

While landlord's generally have responsibility to install child safety bars for children, there is no such requirement for pets. Generally when a pet is injured or killed the liability is limited to cost to purchase pet or cost of treatment for injury.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can a landlord sell a tenant's personal belongings that were left behind?

My partner and I recently separated and they left behind a few relatively expensive things, such as snow tires, a plow for their truck, and some furniture. My landlord keeps mentioning putting the items up for sale but neither myself or my landlord have a way of contacting the ex anymore as they... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Feb 20, 2024

No. No New York law allows a landlord to sell a former tenant's left-behind personal property.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can semantics stop a landlord from threatening eviction based on unproven accusations?

I live in NY where marijuana is recreationally legal. Our complex has a no smoking rule for inside the apartment, on the balcony, and we must be outside 15ft from the building—cigarettes and marijuana. We have older neighbors that have complained of the smell 3 times now. We are NOT smoking in... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Feb 17, 2024

No. Your landord will not rely on the mass distributed notification to tenants. This is nothing more than a reminder, not a predicate notice required by a lease such as a Notice to Cure.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Received an email from a lawyer representing my previous 2 tenants demanding 11.500 for punitive damages & overcharge.

My 2 previous tenants together are demanding 11.500$ for overcharge, security deposit, and punitive damages. They broke the roommate agreement and breached the contract of their stay, moving out prematurely. They’re claiming my property is rent stabilized - when in fact is not. They’re... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Jan 29, 2024

You probably should share your former tenants lawyer's letter with an attorney along with the lease agreement with those tenants and the rent ledger. Often an attorney could quickly determine whether or not there is potential jeopardy.

1 Answer | Asked in Landlord - Tenant for New York on
Q: How can l squash a subpoena from nyc housing court on a case l have no knowledge on.

I was served subpoena at night by a woman who l knew years ago. I know the landlord of her building and she and the landlord have been in court on and off for years. I do not reside in their building. I did by email send the resident when l saw her looking distressed in street a few months... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Jan 11, 2024

Dear New York witness

You could comply with the subpoena and attend court as commanded by the subpoena. You could seek an order to show cause to quash the subpoena.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Landlord's employee came into my apartment when I was naked, they did not knock on the door.

How much can I get if I sue?

Roland Godfrey Ottley
Roland Godfrey Ottley
answered on Jan 7, 2024

You may have a case for breach of quite enjoyment, violation of privacy and negligent infliction of emotional distress. Your damages would depend on the strength of your cases. I strongly advise that you consult with a landlord tenant attorney who is familiar with such cases.

1 Answer | Asked in Landlord - Tenant for New York on
Q: I was approved for erap but landlord did not except it now trying to evicited me what should i do

my landlord gets money every 2 weeks from hra but he does not show it on my brake down showing how much i ow

Steven Warren Smollens
Steven Warren Smollens
answered on Jan 5, 2024

Dear Brooklyn Tenant

Inform your case manager. Because your landord is committing a fraud.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Landlord's employee came into my apartment when I was naked, they did not knock on the door. Can I sue them?

They didn't tell me someone is coming

Steven Warren Smollens
Steven Warren Smollens
answered on Jan 5, 2024

Dear Manhattan Tenant

You could sue. There is no barrier to filing a lawsuit. I do not want to guess what causes of action exist; your attorney will help figure it out as well as discuss the monetary value of your claim.

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