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COVID-19 New York Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for New York on
Q: What happens in a seller stays past the date they were supposed to leave?

We are in the process of closing on a house. The seller would like to stay 7 days past the closing and pay for it. With Covid 19 what happens if she refuses to move out after the 7 days? Could we get stuck with her as a tenant and not be paid for her stay?

Anthony Armando Nozzolillo
Anthony Armando Nozzolillo answered on Mar 11, 2021

Greetings:

What you are referring to is called "post posession". This does NOT create a landlord/tenant relationship..whereby if the Seller stays beyond the 7 days...(their attorney should be holding money in escrow as an incentive for you to allow the post possession)..you will...
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1 Answer | Asked in Real Estate Law for New York on
Q: How to remove former owner from property sold by investor to me. Investor purchased from the bank foreclosure. Ejectment

Do you need to start 713(5)notice or 90 days eviction notice or ejectment

Elaine Shay
Elaine Shay answered on Mar 1, 2021

Generally, after purchasing in foreclosure you may remove a former owner through a Housing Court proceeding. It may be tempting to consider serving your own predicate notices. However, even a small error in such notice can result in dismissal of your entire case after months of litigation. In... Read more »

1 Answer | Asked in Real Estate Law for New York on
Q: C/O never obtained from previous homeowner before selling the house to us. What can we do???

They said they were working on getting final sign off when covid 19 hit... Now it's been a year since we owned the house and still no C/O...what can we do????

Elaine Shay
Elaine Shay answered on Aug 18, 2020

If you are asking about what you can do with respect to previous owner that you purchased from that depends in large part in what happened at your closing. DId you agree to close on a handshake that this issue would be taken care of or was there an escrow agreement and funds deposited to secure... Read more »

1 Answer | Asked in Real Estate Law for New York on
Q: Selling my second property. Buyer signed contact and was due to close July 1st. It’s 6 weeks past estimated closing

There have been issues with their lender. Their lender has now said it will take several more weeks. After a time is of the essence letter, what can we do to make up for all this lost time and other potential offers?

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

Practically, nothing. If you return the deposit you have to start over. If you keep the deposit they will sue and put a lis pendens on your property. That will preclude any deal. In COVID everything takes longer. Your contract governs your rights.

1 Answer | Asked in Real Estate Law for New York on
Q: My father passed away in NYC with no will in April he left a property in Pennsylvania which is really my aunts because

He Helped her with his credit we know the house is my aunts and we want to leave it in her name what do we need to do? We don’t have much money for lawyers fees and all that my aunt is 57 and lost her job due to the pandemic but she doesn’t want to lose her house what forms can she fill out and... Read more »

Michael David Siegel
Michael David Siegel answered on Aug 11, 2020

Having not done proper planning in advance, there are no shortcuts here. If this is your father's only asset, you can likely hire a PA attorney to do a non-domicilliary administration proceeding. If there assets in NY, even small, then you need to do an administration here, and a ancillary... Read more »

2 Answers | Asked in Real Estate Law for New York on
Q: NYC apt sublease in CoopMy tenant just sent me a message that he wants to end the sublease.The rider states

That the sublease shall not end or be modified nor will sublessee obligations be ended or modified if for any cause not fully within sublessor’s control

Besides the board will not approve

What do you suggest I should do?

Please let me know ASAP

Thank you

Danielle

Elaine Shay
Elaine Shay answered on Jul 17, 2020

As a result of the COVID-19 crisis, a flood of residential and commercial tenants are seeking to surrender possession and walk away from their lease obligations. Although there is an Executive Order imposing a moratorium on evictions until August 20th, there is not legislation that relieves... Read more »

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1 Answer | Asked in Real Estate Law and Business Formation for New York on
Q: My landlord is Evicting me I wrote a letter stating I would be out on this date but I can’t move out now

Do I still have to move out on that day or dose that peice of paper we wrote and signed mean nothing because it wasn’t notarize and I haven’t been evicted yet

Elaine Shay
Elaine Shay answered on Jul 9, 2020

Whether or not the agreement you made was notarized is not what protects you in this instance. Instead, Gov. Cuomo's moratorium on evictions in connection with the COVID-19 crisis provides you with protections. See Executive Order 202.28. In addition, the landlord still needs a judgment of... Read more »

3 Answers | Asked in Real Estate Law for New York on
Q: Hi, what happen if I break the commercial lease due to slow business due corona ?

can landlord go after me( my personnel asset ex: bank account .... ) if I break the lease again due to the slow business cause of corona

Michael David Siegel
Michael David Siegel answered on Jul 7, 2020

As we sit here, the NYC law was changed to nullify personal guarantees. Thus, the landlord cannot do so. However, there are constitutional and jurisdictional issues that make this law suspect, so it is unclear now what will happen. If you want to break your lease, now is the time to do so, as... Read more »

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2 Answers | Asked in Real Estate Law for New York on
Q: Florida short term vacation rental will not reimburse my stay even after governor issued state of emergency & travel ban
Tim Akpinar
Tim Akpinar answered on Jun 26, 2020

Unfortunately, this situation is arising in many settings due to COVID-19. The outcome can depend on how the underlying contract has been drafted - it definitions, force majeure clauses, and how those elements could be interpreted, along with traditional contract law issues such as impossibility,... Read more »

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1 Answer | Asked in Real Estate Law for New York on
Q: I moved into an apartment. Signed a one year lease 2/2020. Since then I have lost my job due to covid closing.

I now am out of money and falling behind on all my debit. Can I get out of my lease?

Elaine Shay
Elaine Shay answered on Jun 3, 2020

Generally, losing your employment or even the Covid crisis wouldnot constitute a legal basis to break your lease. However, that doesn't prevent you from negotiating with your landlord to be released. If you can present the situation in a way that persuades your landlord he/she would be... Read more »

2 Answers | Asked in Real Estate Law for New York on
Q: If I don’t pay the two months left of my NYC lease will my roommates credit scores be affected?

I had to return back home to Ireland due to Covid - lost my job and didn’t have proper health insurance. My roommates are american and I don’t want to affect their credit if I can help it. When I told my landlord I’d struggle to pay May rent they ignored me and I haven’t heard from them. I... Read more »

Elaine Shay
Elaine Shay answered on May 21, 2020

When more than one individual signs a lease as a "tenant" they are each jointly and severally liable to the landlord for the payment of rent. That means the landlord doesn't get involved in whatever agreement exists between the tenants as the the amount each intends to contribute to... Read more »

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2 Answers | Asked in Real Estate Law, Business Law and Landlord - Tenant for New York on
Q: I own a barbershop/salon the landlord wants 2 months of rent I'm suffering by the COVID19 Virus what is the best option?
Elaine Shay
Elaine Shay answered on May 18, 2020

Pursuant to Governor Cuomo's Executive Order, the moratorium on evictions has been extended to August 20th, so there is no immediate threat of eviction. However, the Executive Order does not relieve a tenant's obligation to pay rent.... It just temporarily removes the ability of the... Read more »

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2 Answers | Asked in Real Estate Law for New York on
Q: WHAT STEPS SHOULD I TAKE TO TAKE MY NAME OFF A MORTGAGE LOAN

My brother and I bought a one family house in Nassau county about 15 years ago.

About 10 years ago I sold my half to my brother.

The mortgage loan stay in my name.

My brother has been making the payments on time all these time.

Because of the coronavirus my brother... Read more »

Michael David Siegel
Michael David Siegel answered on Apr 26, 2020

There is no way you are going to get off this loan without paying it off. There are two options. If the home is empty, it can be sold. The mortgage would be paid at sale. Or, if your brother had family living there and they are keeping it, they will need to make an estate proceeding and... Read more »

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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 »

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3 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: NYU students who rents a Village Apartment Impacted by CV19 Pandemic and Closure of NYU Campus

I'm an NYU undergraduate student who rents an apartment with 3 other classmates in the Village a couple of blocks from NYU Washington Square. Due to CV19 pandemic, NYU has recently suspended classes for the rest of the semester and closed the campus and all dorms to students. We rent our... Read more »

Elaine Shay
Elaine Shay answered on Mar 19, 2020

It would be irresponsible to provide you with a definite answer to your question without reviewing your actual lease and rider(s); however, can provide you with general information about leasing in New York. Unless a lease conditions the duration of the lease term on external events, like... Read more »

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1 Answer | Asked in Real Estate Law for New York on
Q: With the current National Emergency is it conceivable some residential contracts could be void in some cases?

For example, say someone signed a contract 45-60 days ago, is it conceivable at some point in the near future (quarantines, lockdowns, clusters of outbreaks) a contract could be void because of the virus? Somewhat akin to "damage" perhaps? Or circumstances out of the seller/buyers control?

Tim Akpinar
Tim Akpinar answered on Mar 13, 2020

It's probably unlikely that contracts would be considered void, as that would declare there is something defective in a contract, such as illegality or failure to meet requirements for formation of a valid contract. Textbook contract law holds certain conditions that serve to discharge... Read more »

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