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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 
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... View More
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
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
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
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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
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
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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,... View More
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
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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
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
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.... View More
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
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... View More
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
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... View More
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
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
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
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
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
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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... View More
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
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
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
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
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
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... View More
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
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
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
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.
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
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
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
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
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
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... View More
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
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,... View More
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