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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 11
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Landlord and Tenant Law
New York

Recent Legal Answers

Would my former landlord's homeowner's insurance pay for my losses if the unlawful eviction caused me to lose all my property?

Answered 13 years and 8 months ago by Michael J Palumbo (Unclaimed Profile)   |   1 Answer
Make a claim and find out.
Make a claim and find out.

How do I kick someone out of my home that's not on the lease?

Answered 13 years and 8 months ago by Andrew M. Capelli (Unclaimed Profile)   |   13 Answers
If the person resides there- even without a lease- you will need to file formal eviction proceedings with your local district court in order to legally remove that person from your home. Good luck!
If the person resides there- even without a lease- you will need to file formal eviction proceedings with your local district court in order to... Read More

Can I sue because of bedbugs?

Answered 13 years and 8 months ago by Walter Sage Jennings (Unclaimed Profile)   |   1 Answer
Yes, you have the ability to sue for damages. Did you sign a bedbug rider when you moved in??? You need to call an attorney you might be entitled to damages and expenses.   Walter Jennings, Esq.
Yes, you have the ability to sue for damages. Did you sign a bedbug rider when you moved in??? You need to call an attorney you might be entitled to... Read More

can a landlord change from a lease apartmemt to a month to month lease after exceping the first month rent and security deposit and evict me 30 days

Answered 13 years and 8 months ago by Walter Sage Jennings (Unclaimed Profile)   |   1 Answer
If you have a signed one year lease signed by both parties, then you and you landlord are bound by contract and you would need to consent to the change in terms, he could not change them unilaterally. However, in order to evict you the landlord would have to take you to court if you have been there for more than 30 days. This really needs a full legal consultation as much of the information needed to decide your options would be contained in your lease agreement. Please consult an expert attorney in landlord tenant law.   Walter Jennings, Esq.... Read More
If you have a signed one year lease signed by both parties, then you and you landlord are bound by contract and you would need to consent to the... Read More

can we be charged for nail holes from hanging pictures up??

Answered 13 years and 8 months ago by Walter Sage Jennings (Unclaimed Profile)   |   1 Answer
Yes. I suggest that you fill them in and touch up the wall, otherwise your landlord will charge you a paint and plaster fee.
Yes. I suggest that you fill them in and touch up the wall, otherwise your landlord will charge you a paint and plaster fee.

Can I get my rent deposit back legally if I did not sign any contract?

Answered 13 years and 8 months ago by Andrew M. Capelli (Unclaimed Profile)   |   7 Answers
On one hand, all real estate contracts in Michigan have to be in writing, so there was no firm lease between you and your coworker. On the other hand, your coworker could have rented to someone else and now has to spend time and money finding a tenant while the house sits unoccupied, meaning she has actual damages due to your decision. So, while you are not responsible for a lease, I would put your odds of successfully suing for the return of your deposit at less than 50%.... Read More
On one hand, all real estate contracts in Michigan have to be in writing, so there was no firm lease between you and your coworker. On the other... Read More

What rights do I have as the sole carrier of the mortgage even though my ex's name is on the deed with mine?

Answered 13 years and 8 months ago by Jared Altman (Unclaimed Profile)   |   2 Answers
You can't throw him out. You can ask for contribution to expenses. He owns half.
You can't throw him out. You can ask for contribution to expenses. He owns half.

Is my lease renewal clause legal?

Answered 13 years and 8 months ago by Jared Altman (Unclaimed Profile)   |   2 Answers
Yes.
Yes.

Can I leave before the expiration of my lease?

Answered 13 years and 8 months ago by Jared Altman (Unclaimed Profile)   |   2 Answers
Yes. But you may still owe rent.
Yes. But you may still owe rent.

Do I have legal recourse with our apartment lease if my fiancée signed a new lease behind my back?

Answered 13 years and 8 months ago by Michael J Palumbo (Unclaimed Profile)   |   2 Answers
You need to retain counsel.
You need to retain counsel.

Do I have legal recourse with our apartment lease if my fiancée signed a new lease behind my back?

Answered 13 years and 8 months ago by Jared Altman (Unclaimed Profile)   |   2 Answers
You need to become the sole tenant on the lease.
You need to become the sole tenant on the lease.

How can I get my daughter's boyfriend out of the house I rent?

Answered 13 years and 8 months ago by Jared Altman (Unclaimed Profile)   |   2 Answers
Try calling the police first. Then, if they won't do it you will have to evict him.
Try calling the police first. Then, if they won't do it you will have to evict him.

How can I get my daughter's boyfriend out of the house I rent?

Answered 13 years and 8 months ago by Michael J Palumbo (Unclaimed Profile)   |   2 Answers
Evict him.
Evict him.

What should I do if I need more time for an eviction that's not even my fault?

Answered 13 years and 8 months ago by Jared Altman (Unclaimed Profile)   |   2 Answers
You many have many different defenses. Get thee to a lawyer who can spot them for you even if you don't pay him or her to formally represent you.
You many have many different defenses. Get thee to a lawyer who can spot them for you even if you don't pay him or her to formally represent you.

What should I do if I need more time for an eviction that's not even my fault?

Answered 13 years and 8 months ago by Michael J Palumbo (Unclaimed Profile)   |   2 Answers
Appear on the court date and tell the judge. If you have a written lease you have until the end of the lease term; if verbal than month to month they can evict you with 1 month notice.
Appear on the court date and tell the judge. If you have a written lease you have until the end of the lease term; if verbal than month to month they... Read More

Can I be charged full legal rent if I have a preferential rent rider signed with the original lease?

Answered 13 years and 8 months ago by Jared Altman (Unclaimed Profile)   |   1 Answer
I don't think so. No.
I don't think so. No.

How long can my girlfriend leave her stuff in my apartment after she's moved out?

Answered 13 years and 8 months ago by Dennis P. Mikko (Unclaimed Profile)   |   11 Answers
She can take that which belongs to her. As to joint property, she would have to make arrangements with you as to what she can take. You should contact her and advise her of a date she needs to have her property removed. If she does not remove the items you could start an eviction proceeding and ultimately get a court order allowing you to remove the property,... Read More
She can take that which belongs to her. As to joint property, she would have to make arrangements with you as to what she can take. You should... Read More

if an elevator in a commercial building is out of order can i leave before my lease is over and still get my deposit

Answered 13 years and 8 months ago by Gerry M Wendrovsky (Unclaimed Profile)   |   1 Answer
This depends on whether the use of the freight elevator is significant within the lease, and for the needs of the tenant. The terms of the lease have to be examined. There are other factors that must be considered. You should consult with counsel. Gerry Wendrovsky, Esq.- Upper West Side Lawyer www.upperwestsidelawyer.com  ... Read More
This depends on whether the use of the freight elevator is significant within the lease, and for the needs of the tenant. The terms of the lease have... Read More

What can I legally do if a tenant changed a lock that I need to access?

Answered 13 years and 8 months ago by Jared Altman (Unclaimed Profile)   |   1 Answer
Check your lease. Follow that.
Check your lease. Follow that.

I was divorced January 2011. My exhusband and I owned a coop apartment. How do I get his name of the lease since I bought him out of the coop apt.?

Answered 13 years and 8 months ago by Walter Sage Jennings (Unclaimed Profile)   |   1 Answer
You would have to go back to court, talk to your divorce lawyer, filing an amended judgment indicating that you are the sole owner of the co-op.
You would have to go back to court, talk to your divorce lawyer, filing an amended judgment indicating that you are the sole owner of the co-op.

I have been paying 1000.00 dollars a month to my landlord and for the past 7 years they have not repaired any thing in this rental.

Answered 13 years and 8 months ago by Walter Sage Jennings (Unclaimed Profile)   |   1 Answer
You can call 311 to order an inspection and get violations placed on the premises, if the landlord doesn't correct them, you can go to court to have the City enforce the corrections of the violations. You may also have a claim for breach of warranty of habitability and be entitled to a reduction in rent. You should contact a NYC landlord/tenant attorney for a consultation and further information.   Walter Jennings, Esq. NYC Landlord/Tenant Attorney (30+ years of experience)... Read More
You can call 311 to order an inspection and get violations placed on the premises, if the landlord doesn't correct them, you can go to court to have... Read More

Am i entitle to my security if the place i moved out of is in the same condition i left it

Answered 13 years and 8 months ago by Walter Sage Jennings (Unclaimed Profile)   |   1 Answer
If you moved out after your lease expired and your apartment was in the same condition that you rented it, normal wear and tear accepted, then you would be entitled to your security deposit.    
If you moved out after your lease expired and your apartment was in the same condition that you rented it, normal wear and tear accepted, then you... Read More

I am a long term tenant in a luxury rental building in Manhattan--more than 13 years of tenancy with a rent in excessof $5000. per month.

Answered 13 years and 8 months ago by Walter Sage Jennings (Unclaimed Profile)   |   1 Answer
I believe that you should concentrate on the mold and fungus as that is a serious health concern to you. I suggest that you get an attorney of your own in respect to the landlord tenant case. It sounds (from the information you provided) as if the landlord will bring eviction proceedings against you which you may need to defend. You might also have a claim with regard to the conditions if you can show that it has affected you or the use of your apartment.   Regards, Walter Jennings, Esq. NYC Landlord Tenant Attorney... Read More
I believe that you should concentrate on the mold and fungus as that is a serious health concern to you. I suggest that you get an attorney of your... Read More

What do I do if the HOA is trying to fine my unit, which I lease, but won't talk directly to me because I don't own the unit?

Answered 13 years and 9 months ago by Jared Altman (Unclaimed Profile)   |   1 Answer
It's not your problem. Where's the owner of the condo?
It's not your problem. Where's the owner of the condo?

How do I evict someone who is not on the lease?

Answered 13 years and 9 months ago by Michael J Palumbo (Unclaimed Profile)   |   1 Answer
YOU have the lease so YOU have control of the property, NOT the landlord. If this is in NY, because he has been there more than 1 month you need to formally evict him. So retain an attorney and get it done. And lesson learned - daughter's "boyfriend" in the house - I don't think so I would never allow that to happen.... Read More
YOU have the lease so YOU have control of the property, NOT the landlord. If this is in NY, because he has been there more than 1 month you need... Read More
Landlord and Tenant Law
New York

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