Get free answers to your Real Estate Law legal questions from lawyers in your area.
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
I recently discovered that a scheduled rental increase was not applied to my rental statements for six months. Although my landlord claims the increase is included in my lease agreement, I never received any notification during those six months. The lease specifies that rent increases should be... View More
answered on Apr 23, 2025
Dear Queens Tenant
I gather that the landlord hadn't served a Rent Demand or suggested that the landlord will seek a determination in Housing Court.
You could share the rental dispute problem with an attorney. But if the claimed retroactive rent is less than one thousand... View More
I signed a lease agreement for my rental property, but my landlord did not disclose any information about possible lead paint. I recently discovered that my child has lead in his system. The landlord has offered $2,500 to help us move out. What are my legal options in this situation?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2025
I’m sorry to hear about your child’s health issue and the stress this situation has caused. Exposure to lead, especially for young children, can have serious and lasting effects. In New York, landlords have specific legal responsibilities when it comes to disclosing and addressing the presence... View More
I signed a lease agreement for my rental property, but my landlord did not disclose any information about possible lead paint. I recently discovered that my child has lead in his system. The landlord has offered $2,500 to help us move out. What are my legal options in this situation?
answered on Mar 31, 2025
Sorry to hear what happened to your son. There is no safe lead level in the blood which can cause developmental delays in children. Depending on your son's lead levels and whether it can be causally connected with your apartment, he could have a viable claim against the landlord for lead... View More
I have been living in my apartment with a month-to-month rental agreement that hasn't been renewed for 2 years. My landlord recently gave me a letter to vacate the apartment within 30 days, but they did not provide a specific reason. I haven't received any previous notices to vacate and... View More
answered on Mar 26, 2025
Dear Brooklyn Tenant:
Your landlord may not care that the tenancy termination notice is deficient. Your landlord may still try to use the Housing Court for an eviction. But you will prevail if you know the following and act on it.
New York State eliminated the thirty-day tenancy... View More
My dad passed away several years ago, and due to disagreements among his children, I never filed for a Declaration of Heirs. My dad's house was solely under his name, and we were waiting for everyone to come together. However, it turns out that my dad's siblings, who had no legal interest... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 25, 2025
I'm sorry you're facing this situation—it can be deeply upsetting to discover that family members may have transferred or sold property without any legal authority. Based on the facts you've shared, it appears that your late father passed away intestate (without a will), and the... View More
I am involved in a situation where the plaintiff, after filing for divorce, wants half of the equity in a house I own. Her name was added to the property title six years before she left. For four years leading up to the divorce, the plaintiff managed her income separately and continued to withdraw... View More
answered on Mar 20, 2025
Regardless of when the property was purchased, the act of adding your spouse to the deed is called transmutation, thus making it marital property. This does not mean it would be divided equally, but equitably. The distribution percentage depends on the pre-marital credit you might be entitled to.... View More
I have been divorced since November 2018, and the agreement required me to refinance our home within 9 months. However, as a former stay-at-home mom and cancer patient, building credit has been challenging. Despite efforts to refinance, job losses due to court-related absences have hindered... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 16, 2025
I understand that this situation is deeply concerning, especially given your financial struggles and health challenges. Based on the details you provided, there are several legal arguments and actions you may be able to take to protect your ownership of the home.
Your divorce agreement... View More
I live on Staten Island, NY, and my husband purchased our house before we married. His father's name is also on the deed because he helped with the down payment. We plan to create a will and trust to leave the house to the surviving spouse or our son if we both pass. My name is not on the... View More
answered on Mar 9, 2025
Based on your description, a Will and a Trust are insufficient to ensure that the house goes to you (or your son) in the event that your husband dies.
Why? Because you described the house as being half owned by your Father in Law, and half owned by your husband. Your husband's will... View More
I live on Staten Island, NY, and my husband purchased our house before we married. His father's name is also on the deed because he helped with the down payment. My husband and I plan to create a will and trust, intending to leave the house to the surviving spouse or to our son if we both... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 6, 2025
If your father-in-law is on the deed, he has an ownership interest. If your husband and father are the only two owners and are listed on the deed as joint tenants, when one dies, the other gets 100% ownership. If they are not listed as joint tenants, each owns 50%. In that case, your husband may... View More
I would like to know if I need to go to court to remove my ex-wife from the mortgage and deed on our home. She has not lived in the home or made any financial contributions toward the mortgage since she left last summer. Despite her lack of involvement, her name is still on both the mortgage and... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 13, 2025
I understand that this situation is causing you significant stress, especially with your ex-wife’s name still being on the mortgage and deed of the home despite her lack of involvement. Removing her from these documents can be a challenging process, and it’s important to address the matter... View More
I would like to know if I need to go to court to remove my ex-wife from the mortgage and deed on our home. She has not lived in the home or made any financial contributions toward the mortgage since she left last summer. Despite her lack of involvement, her name is still on both the mortgage and... View More
answered on Mar 8, 2025
You state "ex-wife" - if you are divorced, then you need to look at what your Judgment of Divorce states.
If you are not divorced, and your spouse is on the mortgage and/or deed, then you need to start a separation or divorce proceeding -- or get her to agree to remove her name from both.
I just got a provision of law 28-105.1 complaint requesting for corrective action. Due to alter my house without a permit. Can I ignore this request? Like I’m living it the house and I own the house would there be any future issues? The change was enclosing my front porch with walls for another... View More
answered on Feb 26, 2025
Eventually, DOB will issue another violation for failure to comply and enter a default money judgment because you ignored the summons and did not restore the porch to its original condition, obtain a permit, or amend the certificate of occupancy.... View More
I am considering buying a property that has an illegal basement currently occupied by a tenant without an official lease or permit. There have been no fines or complaints related to the basement. I plan not to rent it out and to leave it as-is. What are the potential legal ramifications I might... View More
answered on Feb 26, 2025
Dear Brooklyn Home Buyer:
You described an illegal, unregistered, multiple dwelling, and extant violation of the Certificate of Occupancy.
Aside from the likely Department of Buildings violations of basement use contrary to the Certificate of Occupancy and failure to restore the... View More
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
