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New York Real Estate Law Questions & Answers
1 Answer | Asked in Contracts, Real Estate Law, Landlord - Tenant and Small Claims for New York on
Q: Are unsigned email agreements legally binding?

House I've been renting 5 years was sold. New owners offered cash for me to move soon (possible but not ideal). If I move and they don't pay, do I have recourse?

Michael David Siegel
Michael David Siegel answered on Jan 14, 2022

Unsigned email exchanges can be legally binding. It depends if a complete agreement can be divined from them.

1 Answer | Asked in Real Estate Law for New York on
Q: A neighbor of mine lost title to her house in Port Jervis, NY after failing to redeem the tax lien a local investor had

been holding on it for two years. What, if any, rights does she retain in her personal effects (family heirlooms, legal documents, jewelry, etc.) that remained in the house after the new owner changed the locks? He is refusing access and has scheduled a dumpster for what he deems to be abandoned... Read more »

Michael David Siegel
Michael David Siegel answered on Jan 13, 2022

If she is not living there, she really has no rights.

1 Answer | Asked in Estate Planning and Real Estate Law for New York on
Q: My brother passed away in Puerto Rico. The property is in P.R. there's no will. He has no children, no wife.

Our father lives here in New York.

I have power of attorney of my dad's real estate and financial situation. My mom is still married with my dad. Can we transfer deed to my dad? Can I do this with power of attorney. Who would have rights to my brothers house after his passing? What can I do?

Russel Morgan
Russel Morgan answered on Jan 12, 2022

You can report the property onto court in claiming ownership but with evidence on why. With our estate planning services we can provide you the help you need.

3 Answers | Asked in Estate Planning, Real Estate Law and Probate for New York on
Q: Hello from New York. My dad recently died, my mom died a year earlier, the house is still in my dad's and mom's name.

I live in the house. Dad and Mom wanted only me to have house, not my brother, because I took care of them for over 10 years. There are no papers signed though for me to have it. My brother said you have to have his name on it also because they left no papers for me to have it.

Is this... Read more »

Michael David Siegel
Michael David Siegel answered on Jan 10, 2022

Your brother is right. Children split equally if there is no will.

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1 Answer | Asked in Real Estate Law for New York on
Q: Supre Court ruling sign by the judge, ordering, adjudging and decreeing my claims , asking for defendant’s cooperatio?

The Judge decreed all my issues. Why do I have to get cooperation from the defendant?

Elaine Shay
Elaine Shay answered on Jan 10, 2022

There are many lawyers that participate on this website willing to provide educational information directed to your question. However, you will need to phrase your question better to get any meaningful assistance.

2 Answers | Asked in Estate Planning and Real Estate Law for New York on
Q: My brother passed away in Puerto Rico. He left no will. He's not married and no children. Our father is still alive.

I have power of attorney of my dad's real estate and financial situation. My mom is still married with my dad. Can we transfer deed to my dad? Can I do this with power of attorney. Who would have rights to my brothers house after his passing?

Michael David Siegel
Michael David Siegel answered on Jan 5, 2022

If the property is in Puerto Rico, you need a lawyer there. If it is in New York, you need to become estate fiduciary in PR, and then do an ancillary proceeding here.

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2 Answers | Asked in Real Estate Law, Energy, Oil and Gas and Landlord - Tenant for New York on
Q: I own a Condo (which is on the 3rd floor) and the gas was shut off because of a gas leak

but the gas leak is not in my apartment or in the walls

it might be in the rizer from the ground floor to my apartment but my plumber could not find it

Question

who is responsible to fix that is it the condo owner

or the condo management board

Michael David Siegel
Michael David Siegel answered on Jan 5, 2022

Condo Management

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1 Answer | Asked in Real Estate Law for New York on
Q: Good morning, I live in an apt in a brownstone in NYC And own my apt. The management made a mistake and never increased

My maintenance and assessment fees for a year and that they are not asking me to pay them back. Do I have any recourse?

Thank you for your time

Elaine Shay
Elaine Shay answered on Jan 3, 2022

If you own a coop, whether in a brownstone or larger building, you are responsible for the full maintenance charges to the Coop regardless of a billing error by the property manager.

1 Answer | Asked in Real Estate Law for New York on
Q: a neighbor asked to help and now he is trying to hurt me I don't know what to do

Hi we needed some construction work in our property and our neighbor saw us and he volunteered to help us at no cost as a friendly neighbor gesture. I accepted and thought that he was really going to help. So i told him what i wanted done and left the property and then kept on asking for progress... Read more »

Michael David Siegel
Michael David Siegel answered on Dec 29, 2021

If you never signed anything, you are likely OK. Anyone can sue anyone if they pay the fee. The question is can they win. Here, it seems not likely. Take photos of the alleged work or lack of work so you have evidence to show the court if you need to. If he puts a mechanic's lien on the... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law and Landlord - Tenant for New York on
Q: Is a contract legal binding if both party's sighned it has been notarized?
Toshinori Isoai
Toshinori Isoai answered on Dec 27, 2021

It depends on what the contract was for, consideration involved, nature of the agreement, roles of the parties, etc.

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1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for New York on
Q: For NYS Real Estate Law 226(c) must the tenant move as requested or can he fight this notice from the landlord?

If 90 days notice applies must the tenant pay all future monthly rents to the landlord?

Toshinori Isoai
Toshinori Isoai answered on Dec 25, 2021

Yes if the "future monthly rents" referenced here are the rent payable under the existing lease. If your landlord gives you the notice of termination or intent of no renewal in a legally sufficient manner, your current lease will terminate at the end of the lease. There is nothing to fight there.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: I lived in an apartment for 7 years, starting in 2012. Landlord is suing me for arrears accrued in 2018,

Under the document dated in 2012. There here several lease renewals after that date and the obligations of the 2012 lease were met. Should he have sued me under the lease that covers the montages in question ?

Michael David Siegel
Michael David Siegel answered on Dec 16, 2021

Yes. If you are month to month, the most recently expired lease governs, except as to term and rent.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for New York on
Q: For NYS Real Estate Law 226(c) must the tenant move as requested or can he fight this notice from the landlord?

This is a new landlord. My apartment building was recently bought with about one month from the previous owners. Must I vacate the premise?

Is there any legal recourse? Must the landlord give a reason for the notice to vacate?

Thanks.

Toshinori Isoai
Toshinori Isoai answered on Dec 16, 2021

The change of ownership won't affect the lease in effect. The new owner must respect and entertain the lease terms unless the lease says otherwise. S/he cannot kick you out. However, RPL §226-c concerns renewal (or no-renewal) of a residential lease. So if your lease is to expire soon and the... Read more »

1 Answer | Asked in Real Estate Law for New York on
Q: Grandmother was manipulated into signing a deed transfer that she did not intend to. She wants to fix her mistake.How ?

Her son who has lived out of state for over 40 years had her sent to an attorney who coerced her to sign a deed transfer. Her son was not present. She was not aware that the attorney she was sent to had her sign a quitclaim. How can she have the transfer put aside.?

Elaine Shay
Elaine Shay answered on Dec 13, 2021

There is no simple form or other step to take. Litigation is required to correct this situation unless the party the property was transferred to agrees to transfer the property back to your grandmother. Be sure to retain an attorney with experience in real estate litigation not just transactional... Read more »

2 Answers | Asked in Estate Planning, Family Law, Foreclosure and Real Estate Law for New York on
Q: Grandmother was coerced into signing a deed transfer and wants to correct it. What should she do?
Toshinori Isoai
Toshinori Isoai answered on Dec 12, 2021

More facts need to be presented surrounding the "deed transfer."

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1 Answer | Asked in Real Estate Law for New York on
Q: Can a new neighbor make us remove a shed that old neighbor approved verbally that is 4’ not 5’ from property line? NY

Shed is pole barn (no foundation) and deceased neighbor gave verbal permission 15 years ago for shed to be 1 foot closer to property line than required 5’. Thank you in advance

Elaine Shay
Elaine Shay answered on Nov 30, 2021

Generally, neighbors cannot consent to waive zoning or regulatory requirements as they are public not private rights/requirements.

1 Answer | Asked in Real Estate Law for New York on
Q: Is a home seller required to disclose heavily infested roaches in the basement?

Recently got this house, I discovered it was heavily infested with this huge roaches which wasn’t disclosed to us. Do I have a case ? Is the seller responsible or I’m out of luck ?

Toshinori Isoai
Toshinori Isoai answered on Nov 16, 2021

Probably no (out of lock) unless you had a specific provision for it in the sales contract designed to survive the closing to hold the Seller responsible for any damage or expenses incurred in connection with the newly discovered infestation.

Seller usually has the obligation in NYS to...
Read more »

1 Answer | Asked in Real Estate Law for New York on
Q: the 20-day arbitration window does that include Sat and Sunday
Toshinori Isoai
Toshinori Isoai answered on Nov 15, 2021

Yes. If the last day falls on a weekend or holiday it extends to the end of the next business day.

1 Answer | Asked in Real Estate Law for New York on
Q: My sister died without a will. Siblings want nothing to do with her estate. Who is responsible for her estate?
Michael David Siegel
Michael David Siegel answered on Nov 11, 2021

No one is compelled to do anything. If there is money, someone should step up. If not, there is nothing to do. If there is something that must be done, but no money, there is an Office of the Public Administrator in each county to handle estates of decedents where there is no one else.

1 Answer | Asked in Real Estate Law for New York on
Q: Is there a way i can search online for a will that my grand parents might have left behind? This will is in puerto rico

Grand parents left a will but i have no copy of it. There is a house that belong to them and i would like to know if there is a will so the family don't fight over a property that is not worth much. If I can search and pay a small fee online to the courts in PR to find the will.

Tim Akpinar
Tim Akpinar answered on Nov 6, 2021

You may want to repost this question in the Puerto Rico section. Click "Show More States." Then at the bottom of the first column, you'll see "U.S. Territories." Puerto Rico appears beneath that text. There's no guarantee that every question is picked up, but... Read more »

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