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New York Landlord And Tenant Legal Questions

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313 legal questions have been posted about landlord and tenant law by real users in New York. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include leases and leasing, equipment finance and leasing, and commercial leasing. All topics and other states can be accessed in the dropdowns below.
New York Landlord And Tenant Questions & Legal Answers - Page 10
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Landlord and Tenant Law
New York

Recent Legal Answers

Is there anything I can do, either criminally or civilly if tenants stopped their rent check?

Answered 13 years and 5 months ago by Michael J Palumbo (Unclaimed Profile)   |   1 Answer
It is likely such a small amount that it is not worth the time and effort to sue them in small claim court.
It is likely such a small amount that it is not worth the time and effort to sue them in small claim court.

Can I sue my landlord since my son got pneumonia because he doesn’t provide heat in our apartment?

Answered 13 years and 5 months ago by Francis John Cowhig (Unclaimed Profile)   |   2 Answers
Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an experienced landlord/tenant attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.... Read More
Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that... Read More

Can my landlord use my security if he does not find a tenant after I leave?

Answered 13 years and 6 months ago by Gerald A Bagazinski (Unclaimed Profile)   |   3 Answers
He cannot do that. But beware, what does your lease say. Be sure to do the closing inventory and provide him with a notice of forwarding address before you close. I
He cannot do that. But beware, what does your lease say. Be sure to do the closing inventory and provide him with a notice of forwarding address... Read More

the landlord says we have two families and that is illegal. what exactly would be the definition of two families? and is he telling us the truth?

Answered 13 years and 6 months ago by Gerry M Wendrovsky (Unclaimed Profile)   |   1 Answer
Unfortunately, you have not described who lives in the residence, and the relationships of the various parties. However, without a lease, the landlord would likely have the option of commencing a holdover proceeding against you. You should consult with a qualified attorney. Gerry Wendrovsky, Esq.- Upper West Side Lawyer www.upperwestsidelawyer.com... Read More
Unfortunately, you have not described who lives in the residence, and the relationships of the various parties. However, without a lease, the... Read More

Is homeowner responsible for any damage?

Answered 13 years and 6 months ago by Gerry M Wendrovsky (Unclaimed Profile)   |   1 Answer
To a great degree the answer to both questions is dependent on what the homeowner's insurance policy provides with respect to renters, whether your landlord will file a claim for you along with their claim, and whether the basement apartment is legal. On its face, the homeowner would have no obligation to you, in light of the catastrophic nature of what has happened. Additionally, there may be a flooding 'exception' to the policy. Gerry Wendrovsky, Esq.- Upper West Side Lawyer www.upperwestsidelawyer.com... Read More
To a great degree the answer to both questions is dependent on what the homeowner's insurance policy provides with respect to renters, whether your... Read More

How do I take my landlord to court for not returning my security deposit?

Answered 13 years and 7 months ago by John J. Carney (Unclaimed Profile)   |   1 Answer
You can go to Small Claims Court and get a default judgment if he does not appear.
You can go to Small Claims Court and get a default judgment if he does not appear.

As a landlord, can I charge tenant for damage if I don't make repairs?

Answered 13 years and 7 months ago by Walter Sage Jennings (Unclaimed Profile)   |   1 Answer
You have to actually make the repairs that you are charging for.
You have to actually make the repairs that you are charging for.

Is keeping the $750 deposit the right thing to do because he owes her $3,000 for totalling her car?

Answered 13 years and 7 months ago by Sarah Stasch (Unclaimed Profile)   |   4 Answers
If he is entitled to the security deposit, she has to return it. She can't juxtapose one against the other. However, if she knows where his bank account is located and she has a judgment she can garnish the account.
If he is entitled to the security deposit, she has to return it. She can't juxtapose one against the other. However, if she knows where his bank... Read More

Is my rental contract still good or can I break my contract if I found out that my apartment home is illegal?

Answered 13 years and 7 months ago by Bijal Mahesh Jani (Unclaimed Profile)   |   2 Answers
From the facts you have given, it appears there are several issues concerning the landlord's liability and responsibility. You should review your matter with an experienced attorney so that you can get out of the lease as well as possibly get paid for costs incurred with your personal property.... Read More
From the facts you have given, it appears there are several issues concerning the landlord's liability and responsibility. You should review your... Read More

What should I do if an employee of my landlord broke into my house and robbed me?

Answered 13 years and 7 months ago by Michael J Palumbo (Unclaimed Profile)   |   1 Answer
Preserve the tape and report it to the police - give the police the original tape and keep a copy.
Preserve the tape and report it to the police - give the police the original tape and keep a copy.

Does the repair on a leak in a unit fall on the association’s responsibility since the owner has abandoned it?

Answered 13 years and 7 months ago by Lisa Hurtado McDonnell (Unclaimed Profile)   |   7 Answers
You will have to review the HOA bylaws to see what they say who is responsible for the repairing the leak. Does the unit involved have insurance? Why not file a claim with your insurance and your insurance company should be able to see if the other unit has insurance and the insurance companies will sort out the liability issue.... Read More
You will have to review the HOA bylaws to see what they say who is responsible for the repairing the leak. Does the unit involved have insurance? Why... Read More

Does the repair on a leak in a unit fall on the association’s responsibility since the owner has abandoned it?

Answered 13 years and 7 months ago by Sarah Stasch (Unclaimed Profile)   |   7 Answers
I don't really have enough information to answer this question. In general, the owner of the unit is responsible for repairs until the Trustee Sale has occured then ownership transfers to the purchaser. The owner remains responsible for association fees until there is a transfer of ownership.... Read More
I don't really have enough information to answer this question. In general, the owner of the unit is responsible for repairs until the Trustee Sale... Read More

Tenant left, has been gone a year. Am I allowed to clear the room?

Answered 13 years and 7 months ago by Walter Sage Jennings (Unclaimed Profile)   |   1 Answer
Yes.
Yes.

Am I able to sue small claims individually for $4500, or do I have to sue them together?

Answered 13 years and 7 months ago by Georges Herman Shers (Unclaimed Profile)   |   3 Answers
You need to check with the small claims court advisor but the limit in California are based upon per party not per case.
You need to check with the small claims court advisor but the limit in California are based upon per party not per case.

Is my apartment illegal?

Answered 13 years and 7 months ago by Walter Sage Jennings (Unclaimed Profile)   |   1 Answer
You have two sperate issues as I see it. With regard to the mold and water in the basement, you can bring a proceeding in Civil Court to have the conditions corrected. They will send out an inspector and if mold is detected they will order the landlord to repair. With regard to the C of O, your occupancy may be illegal, an attorney would need to investigate further to determine any possible course of action. I suggest that you consult with a landlord tenant attorney who can help guide you through the process and determine your legal remedies.   Walter Jennings, Esq. Law Office of Walter Jennings... Read More
You have two sperate issues as I see it. With regard to the mold and water in the basement, you can bring a proceeding in Civil Court to have the... Read More

I rent a house and there is a sewer leak and sewer flys all over the basement....Do I pay rent for the month or do you get any sort of compensation?

Answered 13 years and 7 months ago by Walter Sage Jennings (Unclaimed Profile)   |   1 Answer
Sewer leak would be a breach of warranty of habitability. You may be entitled to a partial rent abatement for the conditions. You should write to the landlord explaining the conditions and the amount of time they existed and the impact on your occupancy. Request an abatement due to this and suggest an amount that you would find satisfactory. If you are unable to resolve this with your landlord an experienced landlord tenant attorney can help you to obtain a settlement.    ... Read More
Sewer leak would be a breach of warranty of habitability. You may be entitled to a partial rent abatement for the conditions. You should write to... Read More

What can I do after the New York City vacates the apartment but our belongings are still not recovered?

Answered 13 years and 7 months ago by Michael J Palumbo (Unclaimed Profile)   |   1 Answer
Lawyers do not "help" they represent when retained. So retain counsel to represent you.
Lawyers do not "help" they represent when retained. So retain counsel to represent you.

Is it possible to sue my roommate for not paying rent?

Answered 13 years and 7 months ago by Dennis P. Mikko (Unclaimed Profile)   |   8 Answers
If the agreement was that she would pay one-half of the rent, you could file a suit against her for her portion of the rent. This probably would best be done in small claims court.
If the agreement was that she would pay one-half of the rent, you could file a suit against her for her portion of the rent. This probably would... Read More

I am trying to get out of my apartment lease early.

Answered 13 years and 8 months ago by Walter Sage Jennings (Unclaimed Profile)   |   1 Answer
The lease is a binding contract. It is unlikely that you can terminate it just because you want to leave early. You can move out and just pay the rent. You can also request that your landlord credit your security deposit for one of the months that you are responsible for. Take pictures of the apartment when you move out to prove its condition.... Read More
The lease is a binding contract. It is unlikely that you can terminate it just because you want to leave early. You can move out and just pay the... Read More

I've been served with papers to appear in small claims court for a date I will be out of state. How can I get my court date changed?

Answered 13 years and 8 months ago by Walter Sage Jennings (Unclaimed Profile)   |   1 Answer
You can have a friend go to court for you with a letter saying that you could not appear because your are out of town. If you have any proof send that with your friend as well. In any event it is unlikely that there would be a hearing or trial on that date. Your friend should at the calendar call request AN APPLICATION which would get you a new date.... Read More
You can have a friend go to court for you with a letter saying that you could not appear because your are out of town. If you have any proof send... Read More

When living in a dangerous, high crime area, is my son bound by a lease?

Answered 13 years and 8 months ago by Walter Sage Jennings (Unclaimed Profile)   |   1 Answer
The location of your apartment will not entitle you to get out of the lease. I am suspect of the "automatic renewal" and would have to review your lease to determine whether there is a way for you to terminate your relationship with your landlord legally. I also can not tell from your question if you are covered by Rent Stabilization which would affect the terms of your lease. Please call an attorney to help you with this, they will need to review your lease.... Read More
The location of your apartment will not entitle you to get out of the lease. I am suspect of the "automatic renewal" and would have to review your... Read More

Eviction, but I have already moved out (I did not renew the lease) Does this make a difference?

Answered 13 years and 8 months ago by Walter Sage Jennings (Unclaimed Profile)   |   1 Answer
You should appear in court and file an answer to the proceeding or the landlord may obtain a default judgment against you and put liens on your property and bank accounts. Your defense will most likely not prevail. If they sued you in landlord tenant court and you moved before the case was brought then they might have to stop that case and restart in civil court. You should consult an attorney on this matter.... Read More
You should appear in court and file an answer to the proceeding or the landlord may obtain a default judgment against you and put liens on your... Read More

I lived in NYCHA with my mother and daughters, but for many years my husband is living in the appt unauthorized occupied now called to court.

Answered 13 years and 8 months ago by Walter Sage Jennings (Unclaimed Profile)   |   1 Answer
Generally the HA would have to give you a fair hearing if there was an issue concerning your recertification and the fact that your husband's income was not set forth in your recertification application. If you are already in court, it is very important that you get an attorney to represent you. Depending on the grounds that the HA is taking you to court for, it is possible that an attorney can work out a settlement to preserve your right to the apartment. It is extremely important that you try to hold onto the apartment because it would be very difficult to find a comparable rent in New York. I repeat, do not try to do this without an attorney!... Read More
Generally the HA would have to give you a fair hearing if there was an issue concerning your recertification and the fact that your husband's income... Read More

Breaking a lease early

Answered 13 years and 8 months ago by Walter Sage Jennings (Unclaimed Profile)   |   1 Answer
The lease is a binding contract and your financial conditions are not a grounds for terminating the lease agreement, however, if you explain your situation to your landlord he may let you out of the lease on the condition that he can re-rent the apartment. Landlord's do not want tenants who can not pay the rent.... Read More
The lease is a binding contract and your financial conditions are not a grounds for terminating the lease agreement, however, if you explain your... Read More

Is there a grace period before being evicted?

Answered 13 years and 8 months ago by Kevin Elliott Parks (Unclaimed Profile)   |   12 Answers
In Oregon there is somewhat of a grace period. If a landlord is trying to evict you, they must wait a requisite amount of time after rent becomes due and then provide you with a written notice of nonpayment. The notice must include a 72 hour (or 144 hour, depending on when it's given) grace period during which you ,ust pay your full rent. If you do not do so by the expiration time and date written on the notice, however, they then can proceed to file an eviction proceeding with the court. A landlord is not necessarily required to work out a payment installment agreement with you, however, though some landlords often do so.... Read More
In Oregon there is somewhat of a grace period. If a landlord is trying to evict you, they must wait a requisite amount of time after rent becomes due... Read More
Landlord and Tenant Law
New York

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