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New York Real Estate Law Questions & Answers
1 Answer | Asked in Landlord - Tenant, Contracts and Real Estate Law for New York on
Q: Is tenant responsible for full month's rent if moving out after notice?

My tenant and I verbally agreed to extend a one-year lease without signing a new written agreement. They've been paying rent via direct deposit monthly, from the 1st to the last day of the month. The tenant sent a 30-day notice on May 4th, stating they intend to vacate by June 3rd, citing New... View More

Steven Warren Smollens
Steven Warren Smollens
answered on May 20, 2025

Dear Manhattan Landlord

New York State Real Property Law Section 232-b is not a statute that relates to tenancies in New York City.

A NYC tenant is not required to provide advance written notification to end the month to month tenancy. In order to avoid owing the entire rent due...
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3 Answers | Asked in Landlord - Tenant and Real Estate Law for New York on
Q: Facing lease termination for non-payment of rent in NY, seeking legal options.

I'm facing a notice of termination for my apartment lease due to material non-compliance, specifically non-payment of rent for April and May and repeated late payments. The lease is scheduled to end on 5/31/25. I haven't been offered any options to address the owed rent or negotiate terms... View More

Steven Warren Smollens
Steven Warren Smollens
answered on May 16, 2025

You reside in a city where the New York State Good Cause Eviction Law impacts certain tenancies and restrains the landlord's authority to terminate tenancies and refuse to renew leases. It is impossible to determine from the statement you provided if the landlord served the proper written... View More

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6 Answers | Asked in Divorce, Landlord - Tenant, Domestic Violence, Family Law and Real Estate Law for New York on
Q: Ex-husband refuses to leave my property post-divorce; what are my legal options?

I have been granted an uncontested divorce, but my ex-husband refuses to leave the property, which is legally in my name. There are safety concerns regarding his presence, and attempts to resolve the situation amicably have failed. No legal agreements were set during the divorce, and we have one... View More

David L. Martin
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answered on May 16, 2025

The answer to your question about your husband leaving the marital home should have been answered in the divorce documents. Assuming you were awarded sole ownership of the marital residence, or exclusive use and occupancy, there should have been a vacate date for him. If he will not leave, your... View More

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6 Answers | Asked in Divorce, Landlord - Tenant, Domestic Violence, Family Law and Real Estate Law for New York on
Q: Ex-husband refuses to leave my property post-divorce; what are my legal options?

I have been granted an uncontested divorce, but my ex-husband refuses to leave the property, which is legally in my name. There are safety concerns regarding his presence, and attempts to resolve the situation amicably have failed. No legal agreements were set during the divorce, and we have one... View More

Stephen Bilkis
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answered on May 18, 2025

I understand how frustrating and stressful it can be to deal with an ex-spouse who refuses to leave your property after a divorce. Since your divorce is uncontested and the property is legally in your name, you have several legal options to address this situation under New York law.

First,...
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3 Answers | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for New York on
Q: Can I sue my landlord for unresolved mold and plumbing issues in my apartment since 2019?

I have been dealing with unresolved issues in my apartment since 2019, including mold, plumbing problems, and rental breakdown. Despite reaching out to my landlord numerous times, these issues remain unresolved. I have also contacted Code Enforcement multiple times and have all the notices... View More

Peter Klose
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answered on May 16, 2025

The answer to this question is tricky. Are you speaking about simply the "conditions" of the space, or personal injuries suffered as a result of those conditions. If you are speaking about personal injuries, you should certainly contact an attorney to investigate the causal connection... View More

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3 Answers | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for New York on
Q: Can I sue my landlord for unresolved mold and plumbing issues in my apartment since 2019?

I have been dealing with unresolved issues in my apartment since 2019, including mold, plumbing problems, and rental breakdown. Despite reaching out to my landlord numerous times, these issues remain unresolved. I have also contacted Code Enforcement multiple times and have all the notices... View More

Steven Warren Smollens
Steven Warren Smollens
answered on May 20, 2025

Dear Bronx Tenant

Yes. A special lawsuit exists in New York City that allows a tenant to sue a landlord for repairs. This is the HP Proceeding. A tenant is entitled to go to court without even waiting for violations issued by the HPD Office of Code Enforcement....
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2 Answers | Asked in Landlord - Tenant, Gov & Administrative Law and Real Estate Law for New York on
Q: Am I entitled to succeed my friend's NYC rent-controlled apartment after living together for 13 years?

I have been living with my best friend in his rent-controlled apartment in NYC, NY, for 13 years. We shared expenses equally for rent, utilities, and other bills, and even faced housing court together with my name on related stipulations. After my friend recently passed away, I'm seeking to... View More

Steven Warren Smollens
Steven Warren Smollens
answered on May 16, 2025

Dear Potential Successor Tenant:

Are you certain about the rent regulation status of the apartment? Rent Controlled tenants had to be in a landlord and tenant relationship in the apartment before June 30, 1971. You should look up NYC Rent Control Tenancy Succession rights. Usually, the...
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2 Answers | Asked in Landlord - Tenant and Real Estate Law for New York on
Q: How can I separate from rent liability after moving without notifying landlord?

I am listed as a tenant on an original lease that became a month-to-month lease after the first year. I have recently moved out after purchasing a condo, but my roommates are staying in the apartment. I have been directly paying the rent for several years and am listed as a tenant. My roommates... View More

Steven Warren Smollens
Steven Warren Smollens
answered on May 16, 2025

Dear Brooklyn Tenant:

It seems you hope to bring about a stealth tenancy. Generally, when the tenant of record moves out, Roommates do not have any legal ability to succeed to the rights of the tenant, and could be evicted by a court of competent jurisdiction.

"...6. No...
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3 Answers | Asked in Municipal Law and Real Estate Law for New York on
Q: Is the city obligated to fix my driveway apron after resurfacing the road improperly?

I noticed that after the city resurfaced the road in front of my property about 1.5 years ago, my driveway apron was not transitioned properly. I haven't contacted the city yet, but I have photos showing the damage, and a blacktop contractor confirmed it was done incorrectly. This has caused... View More

Tim Akpinar
Tim Akpinar
answered on May 7, 2025

You could consult with an attorney to evaluate the matter in terms of your remedies, but ultimately, investing the money in a construction fix might be the less-frustrating, quicker, and more cost-effective way to go. Depending on the setting, it's possible the municipality could assert... View More

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3 Answers | Asked in Municipal Law and Real Estate Law for New York on
Q: Is the city obligated to fix my driveway apron after resurfacing the road improperly?

I noticed that after the city resurfaced the road in front of my property about 1.5 years ago, my driveway apron was not transitioned properly. I haven't contacted the city yet, but I have photos showing the damage, and a blacktop contractor confirmed it was done incorrectly. This has caused... View More

Tim Akpinar
Tim Akpinar
answered on May 7, 2025

Addendum - I saw that your timeline places this work about a year and a half ago. That could present another challenge, in terms of actions against municipalities or villages in New York State. This is commonly 90 days in New York State with claims involving municipalities or public agencies. If... View More

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2 Answers | Asked in Landlord - Tenant, Municipal Law and Real Estate Law for New York on
Q: How can I resolve excessive noise from neighbors in NY?

I have been dealing with excessive noise from my downstairs neighbors since they moved in about a year ago. The noise, which includes stomping and banging, occurs multiple times a day, often beyond the 10pm quiet hours stated in both local ordinances and my lease agreement. I've made three... View More

Anthony Armando Nozzolillo
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answered on May 6, 2025

Greetings:

As a Residential Tenant in NY, you are afforded a right to "quiet use and enjoyment" of the premises you are renting. As you are being deprived of these rights after voicing complaints to the Landlord, the Landlord can be considered to be in breach of the Lease and NYS...
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5 Answers | Asked in Bankruptcy, Foreclosure and Real Estate Law for New York on
Q: When to file Chapter 13 to stop foreclosure after 120 days nonpayment?

I have missed 120 days of mortgage payments, and my loan modification was denied on 4/28. I have not received a formal foreclosure notice yet, and I'm considering filing for Chapter 13 bankruptcy as I have no other options. How soon should I file to stop the foreclosure process? Also, I am not... View More

Howard E. Knispel
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Howard E. Knispel
answered on May 3, 2025

If you have not been served with a summons for foreclosure you still have some time. Before a mortgage company can sell you property in foreclosure they use start a foreclosure suit. At that point you should start a bankruptcy. But be aware that a Chapter 13 is a payment plan. Assuming you want to... View More

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5 Answers | Asked in Bankruptcy, Foreclosure and Real Estate Law for New York on
Q: When to file Chapter 13 to stop foreclosure after 120 days nonpayment?

I have missed 120 days of mortgage payments, and my loan modification was denied on 4/28. I have not received a formal foreclosure notice yet, and I'm considering filing for Chapter 13 bankruptcy as I have no other options. How soon should I file to stop the foreclosure process? Also, I am not... View More

Michael O'Leary
Michael O'Leary
answered on May 3, 2025

While there are no immediate time pressures that would necessitate an ASAP filing, remember that each month your case does not get filed you are another month behind in your mortgage payments, which would slightly increase the "bare bones" minimum monthly Plan payment amount needed for... View More

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2 Answers | Asked in Real Estate Law, Contracts and Business Law for New York on
Q: Who provides the short sale approval document at closing?

At the closing for my short sale, there was no document stating that the short sale had been approved, even though the bank's loss mitigation department told me it was pre-approved. The real estate attorney affiliated with the agent I dealt with was meant to represent me, but I insisted on... View More

Carl Nelson
Carl Nelson
answered on Apr 28, 2025

Since you already have an attorney the proper person to address this would typically be your own attorney. Since no one on this forum has been privy to the details of this deal, we cannot give you better information than those who have been privy to it.

It is ultimately the seller’s...
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2 Answers | Asked in Landlord - Tenant, Gov & Administrative Law and Real Estate Law for New York on
Q: How can my elderly cousin request a postponement for a hearing in NY?

My cousin, who is over 90 years old, is a landlord being sued for $15,000 by a potential tenant from 3 years ago. The claim is based on an alleged promise that was supposedly made but never happened. This particular space has been rented out for a year to someone else. She received a summons for a... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Apr 23, 2025

Your statement missed key information. In New York there is no automatic court appearance with the service of a Summons. A Simmons served outside New York State often has technical deficiency in the method of service. Nevertheless a Summons alone commands a responsive pleading known as an Answer.... View More

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2 Answers | Asked in Landlord - Tenant and Real Estate Law for New York on
Q: Tenant asking for details on security deposit deductions and timely receipt in New York.

I am a tenant in New York State. We left our rental property with many items behind and in not the best shape, and this was reflected in the deductions from our security deposit. We received the deductions list a month after moving out. The lease stated that items left in disarray would be deducted... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Apr 23, 2025

Ok. That was improper. Your landord forfeited the right to deduct anything for any justified cause because the landlord did not comply with the New York State law that required the landlord do this within 14 days after the tenant moves out.

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2 Answers | Asked in Landlord - Tenant and Real Estate Law for New York on
Q: Month-to-month lease terminated without reason; what can I do?

I was on a one-year lease that converted to month-to-month after the first year. I've always paid rent seven days before the due date, and the apartment is kept clean. On April 10, I received a termination letter from my landlord stating I need to vacate by May 31, 2025, but it doesn't... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Apr 23, 2025

Hello. You are a tenant in New York State. Tenant rights are controlled by State Law. A tenancy longer than one year cannot have a tenancy ended even though it is now month to month without the landlord providing the written notification that NYS Real Property Law Section 226-C mandated. If the... View More

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4 Answers | Asked in Estate Planning, Landlord - Tenant and Real Estate Law for New York on
Q: How can I secure my rights to my mom's property and prevent her husband from evicting me?

I live with my mom and her husband in a residential property that my mom has verbally declared belongs to me should anything happen to her. However, I am concerned about her husband possibly evicting me and renting out the house for his own benefit, especially if he considers placing her in a... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Apr 23, 2025

Your mother could give you a lease. Your mother could put her ownership rights in the house in a Trust. She could do so by a Will. Her husband may not have a legal right to inherit if he is not a co-owner on the deed, but if she does nothing, he may very well inherit by intestate law. The verbal... View More

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2 Answers | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for New York on
Q: Received eviction notice for old unpaid rent despite new leases and consistent payments in NY.

I received an eviction notice three days ago for unpaid rent from over two years ago, even though I've signed one, if not two, new leases since then and have been consistently paying rent. I have to respond to a court summons in 10 days. Last year, when the management first reached out to me... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Apr 23, 2025

Dear Manhattan Tenant

You mean that you were served with a Petition for nonpayment of rent in New York City Housing Court and the Notice of Petition told you have ten days to Answer the Petition or risk a default judgment against you and eviction?

You need to do so. You state your...
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2 Answers | Asked in Landlord - Tenant and Real Estate Law for New York on
Q: Timeline for NY security deposit return after move-out?

I moved out of my rental property in New York State on January 31, 2025. My landlord has informed me that I will not be receiving my security deposit back, claiming that the unit wasn't left in the same condition as when I first rented it. They provided a written explanation and itemized list... View More

Roland Godfrey Ottley
Roland Godfrey Ottley
answered on Apr 14, 2025

Under New York General Obligations Law § 7-108, a landlord must return the tenant's security deposit, less any lawful deductions, within 14 days after the tenant has vacated the premises (moved out).

Itemized Statement: If the landlord deducts any amount from the security deposit,...
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