New York Real Estate Legal Questions

Good morning Kimberly, Your situation involves several legal issues including foreclosure, trust and estate law, potential partition of property and other issues.  In order to have a plan and go through your options, a consultation would be necessary to discuss the background and a strategy in detail. Feel free to contact me to set up a consultation.... Read More

New York City requires home improvement contractors to be licensed, and allows consumer/homeowner complaints about one to be filed online with the NY City Department of Consumer Affairs https://www.nyc.gov/site/dca/index.page. If you do not live in NY City kindly review your local county's website and determine if that county permits a homeowner to file a complaint against a home improvement contractor who fails, neglects or refuses to properly complete its work.  The contractor you site in your complaint could have its license suspended or revoked if the problem you describe is not remedied.  ... Read More

If you haven't already done so, you need to immediately inform your landlord of all the problems in writing and demand that your landlord address them and demand reimbursement and a rent abatement. Your lease likely has a clause requiring carpeting so you're entitled to know whether your upstairs neighbors are in compliance. If they are not your landlord must ensure that they install carpeting. Take videos documenting the noise level, time and length of disturbances. If you have renter's insurance, make a claim if the damage exceeds your deductible. If all else fails stop paying rent and let the landlord take you to court, keeping in mind that if you're found to be in the wrong you may end up paying the landlord's legal fees. That being said, if your lease is coming up for renewal and you don't plan to stay, your landlord might not pursue you for back rent if you agree to leave. Determining the best response to your problem requires more information on how long you intend to stay based on the length of your lease, assuming the problems are resolved. ... Read More

Sometimes, not often (and maybe never in NY; I have seen it once or twice in other jurisdictions) buyers and sellers use the same attorney.  In my opinion, both the parties and the attorneys are out of their minds to do so.  Maybe you can do that if the buyers and sellers are close family members and there are no issues, but if you need an attorney at all, you need your own,not one trying to represent conflicting interests.... Read More

If the tenant has no lease, you are best off terminating the tenant. Depending on the length of time that the tenant has been in occupancy, you will either have to serve a 30, 60 or 90 day notice of termination. Once the notice expires you can start a holover eviction action to remove the tenant and collect the rental arrears owed to you.... Read More

You will have to have a process server  serve an appropriate 90 day notice of termination on your tenant. If the tenant doesn't vacate when the notice expires,  you eill then have to start a holdover eviction action against your tenant in Housing Court. While your tenant remains in occupancy you need to make all required repairs and continue to provide essential services. ... Read More

Hi Rika:   We are very experienced commercial real estate attorneys. Please call me at your convenioence.     Thank You,Alan J. Goldberg, Esq.Goldberg & Lindenberg, P.C.6 East 45th Street14th FloorNew York, New York   10017Telephone: (212)921-1600Agoldberg@glnylaw.com www.glnylaw.com... Read More