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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 12
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Landlord and Tenant Law
New York

Recent Legal Answers

My sister is facing a hold over eviction

Answered 13 years and 9 months ago by Walter Sage Jennings (Unclaimed Profile)   |   1 Answer
You need to hire an expert attorney to represent your sister, she can be evicted if not properly represented. I have been in this field for 40 years and my advice to you is that you get what you pay for. You can find attorneys who will work cheap, but beware. You really need someone well versed in this area of law to adequately defend her. Most attorneys will work with a retainer deposit and then work out monthly payments that she can afford.   Regards, Walter Jennings, Esq.... Read More
You need to hire an expert attorney to represent your sister, she can be evicted if not properly represented. I have been in this field for 40 years... Read More

Is there a period for paying rent?.

Answered 13 years and 9 months ago by Walter Sage Jennings (Unclaimed Profile)   |   1 Answer
She probably can not charge the late fee, however it is possible that she could evict you if don't. I suggest you consider this carefully: is worth a possible eviction for $20.00 late charge?
She probably can not charge the late fee, however it is possible that she could evict you if don't. I suggest you consider this carefully: is... Read More

I have been living in an apart. for 7 years now, it''s hard to get my landlord to fix anything. In the past I have taken him to court.

Answered 13 years and 9 months ago by Walter Sage Jennings (Unclaimed Profile)   |   1 Answer
We need many more details to answer this question. You might be able to hold your rent but it depends on they type of rental and if you want to stay there. To get repairs done call 611 and get violations put on the house which can help push repairs. Anyway you look at this you can get a consultation from a lawyer who will review the details and help you come up with a plan.... Read More
We need many more details to answer this question. You might be able to hold your rent but it depends on they type of rental and if you want to stay... Read More

Lease was signed for one year and in lease it states "if tenant desires to renew lease for additional year, tenant shall obtain a written consent...

Answered 13 years and 9 months ago by Walter Sage Jennings (Unclaimed Profile)   |   1 Answer
This is a situation that mandates an attorney. You will need someone to help explain what you need to do to prove your claim. If you have any documentation, bring it with you to the consultation including the original lease. You will also need to file an Answer to the Small Claims Proceeding within the time setforth on the Summons or it is possible for them to get a judgement in the full amount without you ever appearing. Walter Jennings, Esq.... Read More
This is a situation that mandates an attorney. You will need someone to help explain what you need to do to prove your claim. If you have any... Read More

Do I legally require the consent of co-tenants to sublet in New York City? (assuming getting consent from the landlord is not an issue)

Answered 13 years and 9 months ago by Walter Sage Jennings (Unclaimed Profile)   |   1 Answer
Your lease would specify if you needed all or any of your roommates approval prior to subletting. It might be good to talk to the over landlord with regard to the criteria necessary to remove you from the lease. I don't believe that your other two roommates can dictate who you sublet to. If you have a valid sub-tenant and your roommates are making it impossible for your tenant to take occupancy, it will create a legal situation in which your roommates might be made responsible for the balance of the lease. If you continue to have trouble with your roommates you need to seek a New York landlord tenant lawyer who can aid you in resolving this issue.   Regards, Walter Jennings, Esq. LAW OFFICE OF WALTER JENNINGS PC Experienced New York City Landlord Tenant Attorneys  ... Read More
Your lease would specify if you needed all or any of your roommates approval prior to subletting. It might be good to talk to the over landlord with... Read More

Can a company go after you again after a settlement has been in place?

Answered 13 years and 9 months ago by Jared Altman (Unclaimed Profile)   |   1 Answer
They are bound by the terms of the settlement. If there are open items that the settlement didn't cover, then they could come after you for that.
They are bound by the terms of the settlement. If there are open items that the settlement didn't cover, then they could come after you for that.

Is a lease with a relative valid when selling the house?

Answered 13 years and 10 months ago by Jared Altman (Unclaimed Profile)   |   1 Answer
No, the lease is valid.
No, the lease is valid.

What are the rights to withhold a security deposit?

Answered 13 years and 10 months ago by Jared Altman (Unclaimed Profile)   |   2 Answers
Only if he owes you rent.
Only if he owes you rent.

What do I do if a landlord is evicting me but doesnt have a copy of the lease agreement?

Answered 13 years and 10 months ago by Jared Altman (Unclaimed Profile)   |   2 Answers
He can still get you out. You can' stray there for free.
He can still get you out. You can' stray there for free.

Do I have to give written notice to a tenant to move if I told them verbally?

Answered 13 years and 10 months ago by Jared Altman (Unclaimed Profile)   |   2 Answers
Yes. You'll need to evict him. You need a lawyer.
Yes. You'll need to evict him. You need a lawyer.

How can I sue a landlord?

Answered 13 years and 10 months ago by Leonard A. Kaanta (Unclaimed Profile)   |   12 Answers
The landlord is responsible for condition of the premises, you probalbly have a case.
The landlord is responsible for condition of the premises, you probalbly have a case.

My mother rented her apartment husband and wife the rent is 900 a month he only gave my mother 450 in April he didnt give the rest of i t he didnt pay

Answered 13 years and 10 months ago by Walter Sage Jennings (Unclaimed Profile)   |   1 Answer
You should bring a non-payment proceeding. This link will give you basic information on what you can do to evict them.
You should bring a non-payment proceeding. This link will give you basic information on what you can do to evict them.

Can a landlord rent out his condo while it is in foreclosure proceedings?

Answered 13 years and 10 months ago by Galen Matthew Hair (Unclaimed Profile)   |   3 Answers
The short answer to this is that you need to vacate the premises to protect yourself and your belongings. You could certainly attempt to intervene int he foreclosure proceeding to allow you to stay until the term of the lease is up and protect your property, but this would cost you money. The safest thing for you to do is to vacate and then attempt to recover your funds from the landlord.... Read More
The short answer to this is that you need to vacate the premises to protect yourself and your belongings. You could certainly attempt to intervene... Read More

Can my landlord make me pay for repairs to a window that already had damage? He claims that I damaged the window more after I opened it.

Answered 13 years and 11 months ago by Walter Sage Jennings (Unclaimed Profile)   |   1 Answer
He can not make you pay for this and he can not take it out of your deposit.
He can not make you pay for this and he can not take it out of your deposit.

I''m from Suffolk County on Long Island, NY. My question pertains to an eviction of a subtenant. Please read the details.

Answered 13 years and 11 months ago by Walter Sage Jennings (Unclaimed Profile)   |   1 Answer
I suggest that you hire an attorney there are many details to the landlord/tenant proceedings in New York. It is possible that you notice will be sufficient, but it could not be. Then you would have to start again. If your notice was deemed good by the court the next step would be to file a petition and notice of petition and get the case in court, you cant accept the rent after the notice until the court asks for them to pay or you might void your own notice.   Regards, Walter Jennings, Esq. LawOfficeWalterJennings.com... Read More
I suggest that you hire an attorney there are many details to the landlord/tenant proceedings in New York. It is possible that you notice will be... Read More

who is responsible when a renter fell through the first floor floor and broke their legs in three places. she was told that there is no insurance,,

Answered 13 years and 11 months ago by Walter Sage Jennings (Unclaimed Profile)   |   1 Answer
I believe that would be the home owner's responsibility.
I believe that would be the home owner's responsibility.

If I never signed the lease is it binding?

Answered 13 years and 11 months ago by Jared Altman (Unclaimed Profile)   |   1 Answer
If you stay on past your lease, then except for the term, which becomes month-to-month, the Lease terms still control. Read it carefully.
If you stay on past your lease, then except for the term, which becomes month-to-month, the Lease terms still control. Read it carefully.

I never paid any money down. Can I get out of my lease?

Answered 13 years and 11 months ago by Jared Altman (Unclaimed Profile)   |   1 Answer
Depends what the Lease says. Read it carefully.
Depends what the Lease says. Read it carefully.

What can I do if the previous tenant made damages to the apartment?

Answered 14 years ago by Jared Altman (Unclaimed Profile)   |   2 Answers
Yes, you can sue. Only you can decide if it's worth it.
Yes, you can sue. Only you can decide if it's worth it.

Is there a law in ny state that once y,ou purchase a home are you allowed to terminate your lease in an apartment?

Answered 14 years ago by Walter Sage Jennings (Unclaimed Profile)   |   1 Answer
No you are still responsible for you rental lease terms, there is no law that I am aware of that you could site to get out of a prior lease agreement due to this.
No you are still responsible for you rental lease terms, there is no law that I am aware of that you could site to get out of a prior lease agreement... Read More

Can a landlord for subsidized housing charge a water bill that''s divided between 37 apartments with 1 mass meter?

Answered 14 years ago by Walter Sage Jennings (Unclaimed Profile)   |   1 Answer
I can only give you a general answer because your questions had different concerns depending on the type of subsidized housing you have and your lease provision. In general shared water meter tenants can request from the landlord a copy of the meter readings/water bill and their breakdown of your proportion.... Read More
I can only give you a general answer because your questions had different concerns depending on the type of subsidized housing you have and your... Read More

In New York State, how many days does a landlord have to give written notice before withholding any portion of a security deposit on an apartment?

Answered 14 years ago by Walter Sage Jennings (Unclaimed Profile)   |   1 Answer
The landlord doesn't have to give any notice before withholding security but he has to let you know why he had not returned the full amount. In a standard lease a landlord can withhold security funds for any damage to the apartment, paint, plaster, carpet, etc., or failure to pay all rent. If the landlord doesn't let you know why he sent a partial return, then you can discuss this with a lawyer so you can get help with resolving this issue.... Read More
The landlord doesn't have to give any notice before withholding security but he has to let you know why he had not returned the full amount. In a... Read More

How can I evict a couple that had been living rent free in my moms house?

Answered 14 years ago by Michael J Palumbo (Unclaimed Profile)   |   2 Answers
Go to the local justice court or if in NYC the housing court and commence eviction proceedings. You may want to retain counsel to represent you, as an eviction is very technical.
Go to the local justice court or if in NYC the housing court and commence eviction proceedings. You may want to retain counsel to represent you, as... Read More

How do I go about giving up full ownership of a barber shop that I do not want any longer?

Answered 14 years ago by Galen Matthew Hair (Unclaimed Profile)   |   2 Answers
The process is fairly simple. An attorney should be able to draft the relevant paperwork and file it with the State for a minimal cost.
The process is fairly simple. An attorney should be able to draft the relevant paperwork and file it with the State for a minimal cost.

Eviction

Answered 14 years ago by Walter Sage Jennings (Unclaimed Profile)   |   1 Answer
This is a difficult, messy, situation. You need an attorney. In order to advise you properly you would need an attorney to review your lease and stipulation and the papers from the marshal regarding the eviction and service of the notice. You may have been illegally evicted, but it is impossible to tell based on what you provided. If it was illegal you could have remedies at law to recover your damages. Please seek counsel for further clarification.   Walter Jennings, Esq. Landlord/Tenant Attorney NYC... Read More
This is a difficult, messy, situation. You need an attorney. In order to advise you properly you would need an attorney to review your lease and... Read More
Landlord and Tenant Law
New York

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