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New York Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for New York on
Q: My grandfather left land to my dad in PR and my dad never. My father has since passed. Will that land come to us?

The land has to be divided amongst my dad and his siblings but we have no paperwork from the land and is located in Yabucoa PR

Elaine Shay
Elaine Shay answered on Oct 26, 2020

Although your post doesn't provide enough information to give a definitive answer, it is possible that you and your father's siblings have a claim to the property. Since the property is in Puerto Rico, you should check with a lawyer there.

1 Answer | Asked in Civil Rights, Real Estate Law and Land Use & Zoning for New York on
Q: Can I be imprisoned and fined $1000 for putting a dumpster in my driveway for 10 days! Im being discriminated

No one else in town has to be fined it even says so in an article the town put in the post journal! It is my first offense and they stated that no fines for first time offender I have a dumpster so I can dispose of things because I’moving and a trailer that I put unwanted things in to take to the... Read more »

Toshinori Isoai
Toshinori Isoai answered on Oct 26, 2020

I don't know where you reside, but dumpsters are often regulated at a local/township level. Some cities have ordinances that require you to obtain a "dumpster permit" even if it will be placed on your private property. You may want to contact your local/city/municipal township for... Read more »

1 Answer | Asked in Real Estate Law for New York on
Q: Does a retainer fee have to be paid all at once And can the rest be paid at closing Real Estate Law
Toshinori Isoai
Toshinori Isoai answered on Oct 23, 2020

It can be paid at once or payment in installment should be ok. How it's paid is up to you and your attorney. As long as both you and your counsel agree to the payment method, it will be lawful. You may want to make sure how it's paid is set forth in the retainer agreement.

2 Answers | Asked in Real Estate Law for New York on
Q: what are the pros and cons of land lease buildings

i have to move. i saw a coop in my budget but dont want to get into some deal that comes back to bite me in a few years

Michael David Siegel
Michael David Siegel answered on Oct 22, 2020

You have to distinguish between a private land lease and a public. The public ones, like Hudson Yards are fine. The private ones should be avoided. There are no pros.

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1 Answer | Asked in Real Estate Law, Elder Law, Estate Planning and Probate for New York on
Q: Daughter has POA for mom, brother has letter of administration for same property. How do we sell home in NYC?

If we do find a buyer, are 2 different checks cut...one in my decease dad’s name and one in my living mother’s name? Please reply only if you are familiar with NY state laws. My POA is for my mom who is still living. The letter of administration is for my deceased father.

Vincent Gallo
Vincent Gallo answered on Oct 17, 2020

A power of attorney ceases to have any effect upon the death of the person granting the power of attorney.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Landlord attempted to enter my apartment forcibly.

Landlord claimed to smell illegal drugs, he attempts to push me out the way to enter the appartment, I informed him that's illegal, if he think I'm doing something illegal, call the cops, he did so, they found nothing because I don't any type of drugs. What made me mad is the fact he... Read more »

Elaine Shay
Elaine Shay answered on Oct 14, 2020

You can file a police complaint. You could also file a civil case against the landlord to prevent future attempts to push past you; however, most would not want to invest the funds necessary to litigate the matter and instead simply take precautions such as setting up video recording equiptment in... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for New York on
Q: Is an estate responsible for fixing a leaking roof that was pre-existing prior to the beneficiary signing the deed?

A home that is part of an estate has a leaking roof, as well as missing shingles, and a leaking chimney. The executor of the estate knew many weeks ago that the roof, and chimney had a leak when the home was appraised approximately 3 months prior. The executor did not share this information with... Read more »

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

If this was a specific bequest, the estate is not responsible. You get what you get, as is. If it was a sale by the executor, the contract governs.

1 Answer | Asked in Real Estate Law for New York on
Q: my lot rent was 435 now it is going up to 470 by the 1 of january is that legal

they are saying because its a double wide

Tim Akpinar
Tim Akpinar answered on Oct 9, 2020

You could try reposting this under the Landlord-Tenant category. There's no guarantee all posts are picked up, but you await an response for two weeks. You correctly chose Real Estate, but the Landlord-Tenant section could be more accurate for your matter. Good luck

Tim Akpinar

2 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: I live I'm a apartment complex. My ceiling collapsed in my living room on 8-21-2020 due to neglect over the past 3 years

I live I'm a apartment complex. My ceiling collapsed in my living room on 8-21-2020 due to neglect over the past 3 years. The ceiling has leaked each year since 2017 and all the maintenance did was plaster over the crack and then finally sealed the outside roof Oct 2019. The material that fell... Read more »

Michael David Siegel
Michael David Siegel answered on Oct 8, 2020

Call the Housing Department of the Buffalo City government. This should be a violation and emergency repair.

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1 Answer | Asked in Real Estate Law for New York on
Q: My therapist is writing a letter for an ESA. I'm in a no pet co-op. Do i speak to board president or management company?
Elaine Shay
Elaine Shay answered on Oct 6, 2020

Initially, you would usually approach the property manager.

1 Answer | Asked in Real Estate Law for New York on
Q: Our lease has expired and it says it is now month to month. We agreed via text to stay 1 year but want to leave. Can we?

We did not sign a new lease. It says specifically in our lease that once it expires we would be on a month to month contract. We agreed to stay for one year via text but now want to leave with 30 days written notice. Is the text a legal document even if the lease says it’s month to month?

Elaine Shay
Elaine Shay answered on Oct 5, 2020

It's possible that you entered into a binding contract through your text messages. However, it is also possible the landlord won't pursue you for breaching that contract if you provide adequate notice and especially if you find another tenant that is ready willing and able to take over... Read more »

1 Answer | Asked in Landlord - Tenant and Real Estate Law for New York on
Q: Interest account for a deposit. Are the tenants supposed to get the option of what happens to the interest each year

Trailer park with over 100 units

Elaine Shay
Elaine Shay answered on Oct 5, 2020

Landlords are generally entitled to keep up to 1% of any earned interest on security deposits to cover administrative costs. Honestly with interest rates as low as they are, that doesn't leave much opportunity for any meaningful amounts to be earned from interest.

1 Answer | Asked in Real Estate Law for New York on
Q: can my landlord evict me if my lease is up Nov 1 and I stay even after I tell them I'm not resigning?

I live in NYC, my lease is up Nov 1. my roommate left due to COVID and I can't afford it on my own. I have to tell them by tomorrow if I'm resigning or not. Cuomo just extended the no eviction law until Jan 1. do I fall under that category? I have paid in full all through covid and have... Read more »

Elaine Shay
Elaine Shay answered on Sep 28, 2020

It is likely that it would take the landlord until after January 1st to evict you. However, that will not absolve you of liability for the rent and possibly legal fees.

1 Answer | Asked in Real Estate Law for New York on
Q: what are the pros & cons of doing a joint tenancy vs common tenancy house deed (adding four kids to parents deed evenly

Four kids will inherit house after parents last away evenly (25% each ) we are updating the deed and was asked whether it’d be joint v common tenancy

Elaine Shay
Elaine Shay answered on Sep 25, 2020

Your question raises a number of important issues. If the parents add the children to the deed with them as owners, each of the children would acquire a present interest in the property. Assuming two parents and four children on the deed, each would be presumed to own 1/6 of the property unless... Read more »

2 Answers | Asked in Real Estate Law for New York on
Q: My mother would like to give me 3 acres of her 11 acre property so I can build a cabin. Tax implications?
Michael David Siegel
Michael David Siegel answered on Sep 23, 2020

None, really. But you need to do a subdivision to create a tax lot.

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1 Answer | Asked in Real Estate Law for New York on
Q: if I have a roomer that gives me a thirty day notice how long do I need to keep his belongings for him

the roomer signed a lease which states roomer may give 30 days notice but must pay for the following month ie if you give notice aug 5 you are still responsible for sept rent and chooses not to be here how long do i need to hold physical belongings i asked him when i would be getting rent he said... Read more »

Elaine Shay
Elaine Shay answered on Sep 22, 2020

When you rent a room, you effectively become a "landlord" and are required to take the same steps as any landlord to evict a "tenant". Therefore, it is not a matter of when you can throw out someone's belongings after service of a 30 Day Notice but when you can commence a... Read more »

1 Answer | Asked in Real Estate Law for New York on
Q: If a house is built in 1906, should we as the buyers get a lead paint inspection prior to home purchase?

Is this necessary? What happens if it comes back positive ?

Michael David Siegel
Michael David Siegel answered on Sep 22, 2020

You should have an inspection by a licensed home inspector, who will be able to identify lead paint.

1 Answer | Asked in Real Estate Law for New York on
Q: We owe the IRS back taxes We have presented an OIC to the IRS we are still waiting for a decision We explained

This in confidence to our broker Now he is saying he has to disclose this to other agents and buyers We don't want him to . what if he discloses our personal business?

Michael David Siegel
Michael David Siegel answered on Sep 20, 2020

Unless the taxes are a lien, I am not sure what the issue is. If the taxes are a lien, the IRS will have to waive it for you to close. It is not really a sale issue, but a closing issue your lawyer will work out.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Can I, as the landlord, serve a notice to vacate to my tenants who are on a month to month lease or do I need a lawyer?

Also, where to find the way to deliver the notice according to my state rules would be greatly appreciated

Victor M. Feraru
Victor M. Feraru answered on Sep 17, 2020

You can serve it yourself. Make sure to follow all of the required formalities exactly as your jurisdiction and the State requires. If you do not the court will likely throw out the matter and make you start all over.

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