New York Landlord And Tenant Legal Questions

I am puzzled as to how a "corner of a piece of vinyl flooring coming up" evolved into a "safety hazard" requiring "several thousand dollars" of repair over the course of a little more than a year. It really begs the question, how did that happen? If the entire floor was in such bad condition when you moved in, you should've notified the landlord about the general condition of the floor. The landlord now seems to be treating the floor problem as something you created.  Be that as it may, you can still report the condition to the Building Department if you live in a borough of New York City by calling (212)639-9675. If the floor is found to be a building code violation, the landlord will be served with a notice of violation and you can start a housing court proceeding (an HP action) and the landlord will have to fix it. You may even get a rent abatement. If you want the repairs done at no cost to yourselves, you'll need to let in inspectors and repair people regardless of whether they're masked. Since you're immune compromised you can always wear your own masks and ask everyone to keep their distance from you. But you can't force anyone to wear a mask.  You haven't said whether the landlord or super came into your apartment to inspect the floor, or just the flooring company, and whether you or the landlord arranged the company. But I'm guessing that neither the landlord or super has been in your apartment because they won't wear masks. That would be entirely understandable if it were April 2020, but it isn't. If it comes out in the course of a court hearing that you refused to give access for repairs or inspections because workers or inspectors wouldn't wear masks, there's no guarantee a judge wouldn't throw out your case.  You can always stay in another room while repairs are being made or conditions inspected.You can also call around until you find a company or repair person willing to do the repair at a reasonable cost, and pay out of pocket. Just because you were told by one company the repair will cost thousands of dollars doesn't mean it should. As for the landlord's demand for a $2800 deposit, that defies logic. If you choose to hire someone to repair the floor, make sure they're insured and don't alert the landlord.   ... Read More

You are not obliged to keep your tenant forever, but you can't start an eviction until Jan 5. Assuming your tenant is month-to-month and not in the middle of a lease term, you'll need to serve a 60 or 90 day notice to quit depending how long your tenant has been there. If the tenant doesn't leave after being served, you can start a holdover proceeding. While you cannot collect rent while you're in the middle of a holdover eviction, you can demand "use-and-occupancy" in your petition, which is the market rental value of the apartment, and get a money judgment for the same. If the tenant attempts to delay the eviction, you can ask the judge to order the tenant to pay use & occupancy to the court or directly to you as a condition of a second adjournment, while the eviction is pending.... Read More

Based on your scenario, you should consider speaking with the new owner of the property regarding your payments, your security deposit, and your decision as to whether you wish to remain in the apartment.  You should consider speaking with an attorney regarding your legal options. ... Read More

Yes, the moratorium has expired. You may proceed. However, if the tenant filed with the srate for emergency rental assistance, your proceeding will be stayed pending the determination of your tenant's application. If your tenant does not have a lease or the lease expired, you should consider a Holdover eviction action.... Read More

You can evict the subtenant but you'll need to follow the same procedure for any other tenant.  Even if the subtenant does not have a lease, she arguably has a month-to-month tenancy which you can only terminate in accordance with the law.  Here are some articles I found online which you might find useful. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 www.kdrpilawyers.com... Read More

You do not have to voluntarily vacate your home. Your landlord must first serve you with a 90 day termination notice. After the notice expires your landlord will have to start a holdover eviction action against you in Housing Court. The entire process will most probably take close to a year. If your landlord wants you to vacate earlier,  he will have to offer to buy you out.... Read More

Your daughter's landlord is totally responsible to ensure your daughter's safety from this dangerous individual. The landlord's failure to fulfill it's obligations puts your daughter in to immediate danger. It appears that your daughter may have the right to claim constructive eviction and vacate the apartment without further lability.... Read More

You should immediately file complaints with the NYC Department of Housing Preservation and Development by calling 311. They will send an Inspector and issue the appropriate violations and orders to repair.  You may be entitled to withhold your rents but you should meet with a tenant rights lawyer first.... Read More

The statute of limitations for breach of contract in NY is 6 years.  However, if your former landlord sued you and obtained a default judgment for the rent (assuming you were not aware of the small claims matter), then the statute of limitations to collect on that judgment is 20 years.  It is possible your former landlord sold the judgement and the letter you received was on behalf of a collections agency. https://statelaws.findlaw.com/new-york-law/new-york-civil-statute-of-limitations-laws.html... Read More

You might consider telling your roomate that you will plan to move out the date the governor's stay at home order is lifted.  Practically speaking she cannot move to evict you at this point because courts are closed and the governmental restrictions in place make it impossible to perform under your agreement.  If you have issues, consider hiring an experience attorney who can help you navigate this peculiar situation.   Russo Law www.russolaw-llc.com info@russolaw-llc.com 929-262-1101... Read More

You might consider contacting the LL to let him/her know that you will plan to move out the date the governor's stay at home order is lifted.  Practically speaking the LL cannot evict you at this point because courts are closed and the governmental restrictions in place make it impossible to perform under your agreement.  If you have issues, consider hiring an experience attorney who can help you navigate this peculiar situation.   Russo Law www.russolaw-llc.com info@russolaw-llc.com 929-262-1101... Read More

In essence, you are in the same position as a landlord. You ust take the appropriate steps to start a nonpayment eviction proceeding in Housing Court. Alternatively, you can terminate the subtenancy and start a holdover eviction proceeding. You can sue for all back rents as part of the holdover proceeding.... Read More

The statute of limitations to sue on a breach of a contract (which does not necessarily need to be established by a signed writing and can be formed through the exchange of text messages/emails) is 6 years in New York.  However if you wanted to sue for promissory estoppel (which is used in instances where there is no signed contract, the SOL is 4 years.  Here is a complete list of all of the SOL's in New York: http://www.nycourts.gov/courthelp/GoingToCourt/SOLchart.shtml.... Read More