Lawyers, Answer Questions  & Get Points Log In
COVID-19 New York Contracts Questions & Answers
1 Answer | Asked in Contracts and Landlord - Tenant for New York on
Q: I live in a non smoking apartment complex. Cigarette smoke in my apartment.

This has been going on since the beginning of this year. Landlord said they could not evict anyone because of covid-19. Second hand smoke is considered a health hazard. I had found that the Landlord can evict someone because of a health issue. How can I have my Landlord to honor there non smoking... Read more »

Elaine Shay
Elaine Shay answered on Jul 19, 2021

It has been extremely difficult for landlords to move landlord/tenant cases forward during the Covid-19 pandemic. For tenants that have filed Hardship Declarations, proceedings are stayed through August 31, 2021, except in very limited cases of extreme nuisance. Not to suggest that the health... Read more »

1 Answer | Asked in Contracts and Collections for New York on
Q: I am owed $1782.00 from a gym. I have been told in writing multiple times I would receive the money. It’s been 3 weeks

I have all emails communicating with business owner.

Michael David Siegel
Michael David Siegel answered on Nov 12, 2020

You can bring a small claims case. Cases are being accepted for filing, but no cases are being tried. COVID makes this much harder.

2 Answers | Asked in Contracts for New York on
Q: Due to unforeseen circumstances with Covid we are unable to meet the minimum sales requirements of a business contract.

The contract has no force majeure section. Have we any recourse in this matter?

Giselle Ayala Mateus
Giselle Ayala Mateus answered on Oct 9, 2020

It is necessary to review the contract to provide an effective legal answer. However, no one is oblogato the impossible, if it is really impossible. Impossibility does not mean that it is more costly, it means that there is no way to achieve that purpose. Now, to interpret what Impossible means... Read more »

View More Answers

1 Answer | Asked in Business Law and Contracts for New York on
Q: what is the law on Good Guy Clause on a commercial lease if staying beyond 09/30/2020 ,will i be personally liable

i have a store i am renting in Manhattan (footwear) i am there since 1991 i approach the landlord back in March stating that i cannot pay the rent due to COVID, we start negotiating with 2 months free rent , however in march we had the lock down, the told me that we will see what happen and they... Read more »

Michael David Siegel
Michael David Siegel answered on Sep 18, 2020

It depends how your clause is written. As you defaulted before the PAUSE order in March, you do not get all of the COVID protections, including the voiding of guarantees like yours in NYC. You should continue to try to work something out. Once the courts start hearing cases again, my belief is... Read more »

1 Answer | Asked in Contracts for New York on
Q: if a campground contract for a seasonal site has been modified due to covid19 does this make the original contract void?

We are Canadians. A contract was signed in October of 2019 with a payment of 1/4 of the site rental for the 2020 season. Covid 19 and borders closing forced us to put our trailer to sleep and pay half the site rental, an amendment make to our contract. In the meantime we have sold the trailer.... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 14, 2020

One would need to review the contract and its modifications to offer meaningful input. As a general premise of U.S. contract law, a contract cannot be modified unilaterally - both sides generally need to agree to a modification of a contract. As for the trailer, unfortunately, owning or not owning... Read more »

2 Answers | Asked in Consumer Law and Contracts for New York on
Q: Can I get a refund from wedding venue for cancelling due to covid19 in spite of force majeure clause?

I would like to cancel my October wedding in New York due to the covid19 pandemic. The contract for our wedding venue includes a force majeure clause mentioning acts of god and governmental actions that says their only obligation is to reschedule within six months of the scheduled date, no refunds.... Read more »

Tim Akpinar
Tim Akpinar answered on May 8, 2020

As Mr. Siegel points out, it depends on the contract. It could depend on how certain terms or elements are defined or how they could be interpreted. One option to consider might be to explore the cost of a brief attorney consult to review the contract in its entirety. Unfortunately, this situation... Read more »

View More Answers

5 Answers | Asked in Contracts and Real Estate Law for New York on
Q: I’m a seller, we’re in contract (contingent on finding new home) however, due to the corona we can’t . Can we cancel?

I’m a seller, we are selling our home and have been in contract for a few months. We did receive a down payment. The contract is contingent on finding another home, however we have not been successful and the Corona pandemic has halted the search. We want to pull out of the deal and return the... Read more »

Mathew Paulose Jr.
Mathew Paulose Jr. answered on Apr 15, 2020

Greetings. It appears you would like to get out of a home sale contract. You likely have an attorney and your question therefore should be directed to that attorney. They will know the details of the contract best. If you do not have an attorney, you must get one. The attorney will review the... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get 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 you and Justia, or between you and any attorney who receives your information or responds to your questions, 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.