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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 2
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Landlord and Tenant Law
New York

Recent Legal Answers

If my father passes away can I sign the lease in my name.? I've been in the apartment for 40+ years and still live there today.

Answered 6 years and 7 months ago by attorney Alan J. Goldberg   |   1 Answer
If the apartment is rent stabilized, you will most probably have succession rights. You should schedule a complimentary consultation to review your rights.     Thank You,Alan J. Goldberg, Esq.Goldberg & Lindenberg, P.C.6 East 45th Street14th FloorNew York, New York 10017Telephone: 212-921-1600Telecopier: 212-840-3941Agoldberg@glnylaw.comwww.glnylaw.com  ... Read More
If the apartment is rent stabilized, you will most probably have succession rights. You should schedule a complimentary consultation to review your... Read More

How does one dispute an eviction?

Answered 6 years and 9 months ago by attorney Alan J. Goldberg   |   1 Answer
You do not have to voluntarily vacate your home. The executor would have to commence an eviction action which would take a number of months. You should meet with an attorney.
You do not have to voluntarily vacate your home. The executor would have to commence an eviction action which would take a number of months. You... Read More

Month to month tenancy

Answered 7 years and 3 months ago by attorney Alan J. Goldberg   |   1 Answer
It appears that your landlord may be illegally retaliating against you based on your complaints. Retaliatory eviction is a defense to an eviction proceeding and also constitutes a counterclaim.
It appears that your landlord may be illegally retaliating against you based on your complaints. Retaliatory eviction is a defense to an eviction... Read More

Our apartment in Manhattan, NY has mice! The landlord does not care! What should we do?

Answered 7 years and 7 months ago by attorney Alan J. Goldberg   |   1 Answer
You need to call 311 and file a complaint with the Department of Housing Preservation and Development and request an inspection. You also need to file an HP action against your landlord in Housing Court. 
You need to call 311 and file a complaint with the Department of Housing Preservation and Development and request an inspection. You also need to... Read More

My rights to my apartment

Answered 7 years and 8 months ago by attorney Alan J. Goldberg   |   1 Answer
If you can prove that your roommate voluntarily permanently vacated then you don't have to readmit.
If you can prove that your roommate voluntarily permanently vacated then you don't have to readmit.

My daughter rents a apartment and she was the Co leasee on the lease her roommate who was the main leasee broke the lease and moved who is liable ?

Answered 7 years and 9 months ago by attorney Alan J. Goldberg   |   1 Answer
Your inquiry is unclear. If your daughter is listed as a cotenent she and her roommate would both be individually and jointly liable for all leaehold obligations.
Your inquiry is unclear. If your daughter is listed as a cotenent she and her roommate would both be individually and jointly liable for all leaehold... Read More

What should I do if my landlord wants me to leave the apartment?

Answered 7 years and 9 months ago by attorney Lori Nevias   |   1 Answer
If your landlord wants to evict you he needs to go through the correct procedure by properly serving you with the notice required under your lease or under the law if there is no lease, which is a 30-day notice. If you don't pay your rent, in addition to evicting you, your landlord can get a money judgment against you for the back rent so yes, you should pay your rent until you find a new place.  However, since you have been living there for 30 years and assumedly have paid your rent all this time, perhaps you can negotiate an arrangment with the landlord to waive the back rent and allow you time to leave. If the landlord is trying to sell the property, if you refuse to leave you can create serious problems for the landlord, who may even be willing to not only waive your back rent but pay you a few thousand dollars (which you will need to put down as security in order to rent a new apartment) to avoid the delay you could create, potentially costing your landlord not only a potential buyer for the house, but the legal fees required to hire a lawyer to evict you.  However, the bottom line is that if the landlord wants to, he will ultimately evict you and get a money judgment against you for any money you owe. Negotiate carefully: start with pleas for sympathy and use threats of obstruction only as a last resort.  Good luck. ... Read More
If your landlord wants to evict you he needs to go through the correct procedure by properly serving you with the notice required under your lease or... Read More

What are the rules for family members (son) living with mother without informing landlord?

Answered 7 years and 9 months ago by attorney Alan J. Goldberg   |   1 Answer
If the  apartment is rent stabilized you may have succession rights to your apartment. You need to have lived together with your mother for at least two years prior to her vacating the apartment .
If the  apartment is rent stabilized you may have succession rights to your apartment. You need to have lived together with your mother for at... Read More

landlord threaten to give us an eviction letter. We've been tenants for two years. If its not a 30day eviction can we request a 60 day notice.

Answered 7 years and 9 months ago by attorney Alan J. Goldberg   |   1 Answer
Hi Kim: Even if the landlord commences a Holdover proceeding against you, as a matter of course you will get an extra 1-3 months.
Hi Kim: Even if the landlord commences a Holdover proceeding against you, as a matter of course you will get an extra 1-3 months.

can Management ask my old parents leave the apartment

Answered 7 years and 9 months ago by attorney Alan J. Goldberg   |   1 Answer
Depending on the exact situation, your parents may have a waiver argument. Also, if the new kitchen was a repair that may absolve them of any issues. The landlord may demand that the kitcen be restored which is obvviously not possible. You need to meet with an attorney as soon as possible.
Depending on the exact situation, your parents may have a waiver argument. Also, if the new kitchen was a repair that may absolve them of any issues.... Read More

Cigarette and Marijuana fumes enter my 4th floor apartment in Manhattan, NY on a daily basis from other units in my multi-family bldg. What can I do?

Answered 7 years and 9 months ago by attorney Alan J. Goldberg   |   1 Answer
It is your landlord's responsibility to supply you with a smoke free apartment. Second hand smoke has been proven to have detrimental health effects. You have a number of options available to you. You should meet with an attorney as soon as possible.
It is your landlord's responsibility to supply you with a smoke free apartment. Second hand smoke has been proven to have detrimental health effects.... Read More

Landlord harassment

Answered 7 years and 10 months ago by attorney Alan J. Goldberg   |   1 Answer
If you are rent stabilized you can file a harassment complaint with the New york state Division of Housing & Community Renewal. Alternatively, even if you are not rent stabilized, you can file a  harassment complaint in Housing Court.
If you are rent stabilized you can file a harassment complaint with the New york state Division of Housing & Community Renewal. Alternatively,... Read More

3 day notice issued Monday, today Notice of petition court date next Fri. Had intended on making a pymt tomorrow ( not in full) should we still do so

Answered 7 years and 10 months ago by attorney Alan J. Goldberg   |   1 Answer
My advice is not to make any paymens outside of court. In court, you should be able to arrange a payment schedule and have your payment documentaed in the agreement also known as a stipulation.
My advice is not to make any paymens outside of court. In court, you should be able to arrange a payment schedule and have your payment documentaed... Read More

I signed a lase for my sons family and the got evicted in Jan 20108.

Answered 7 years and 11 months ago by attorney Alan J. Goldberg   |   1 Answer
You might be responsible for the remainder of the lease. You should meet with ana attorney asap.
You might be responsible for the remainder of the lease. You should meet with ana attorney asap.

Do i have the right to insist on receiving the full rent because the central air unit needed to be repaired or replaced in may in new york

Answered 7 years and 11 months ago by attorney Lori Nevias   |   1 Answer
Your tenant is absolutely not entitled to a rent reduction for the inconvenience of two "unusually hot" spring days. The law does not require a landlord to provide air conditioning at all- only heat. Even if you agreed to provide air conditioning as part of the rental agreement, you were arguably under no obligation to do so that early in the season. However, you also say you've had other issues over the past five years with heat and plumbing.  If the issues were so serious as to force the tenant to vacate the apartment for significant amounts of time, that could amount to partial constructive eviction, warranting a rent reduction, in the event the tenant took you to court. But if the heat and plumbing issues were simply normal repairs and maintenance and, as you say, you made the repairs as quickly as possible, your tenant is not entitled to any rent reduction whatsoever. You sound like a responsible landlord- perhaps you should look for a more appreciative tenant at the end of this tenant's lease term.  And if there is no lease, you are only required to provide 30 days notice for the tenant to leave, and if the tenant does not do so after the 30 day period, you are free to evict the tenant.  ... Read More
Your tenant is absolutely not entitled to a rent reduction for the inconvenience of two "unusually hot" spring days. The law does not require a... Read More

Can you cite a case where a tenant sued a landlord, for failure to provide 'quiet enjoyment' of the property?

Answered 8 years ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   5 Answers
Or you can do the legal research your law professor wants you to do.
Or you can do the legal research your law professor wants you to do.

How should i go about asking to transfer the lease on my name to the landlord?

Answered 8 years and a month ago by attorney Alan J. Goldberg   |   1 Answer
If the apartment is rent regulated you may have succession rights iof you were living in the apartment since the inception of the tenancy. Otherwise, it will be up to the l;andlord whether he wants to enter in to a lease with you.
If the apartment is rent regulated you may have succession rights iof you were living in the apartment since the inception of the tenancy. Otherwise,... Read More

smoking

Answered 8 years and a month ago by attorney Alan J. Goldberg   |   1 Answer
Your question is unclear .are you being prevented from smoking or is someone else's smoking bothering you?
Your question is unclear .are you being prevented from smoking or is someone else's smoking bothering you?

Sticky situation

Answered 8 years and a month ago by attorney Alan J. Goldberg   |   1 Answer
The safest route is to  start a holdover action against your tenant. You need to first serve a thirty day notice of termination that includes a full calendar month. When the notice expires you then start the holdover.
The safest route is to  start a holdover action against your tenant. You need to first serve a thirty day notice of termination that includes a... Read More

Is landlord responsible for proper procedures to remove mold

Answered 8 years and a month ago by attorney Alan J. Goldberg   |   1 Answer
Your landlord is totally responsible for the mold remediation needed in your apartment. You may be entitled to a rent abatement.
Your landlord is totally responsible for the mold remediation needed in your apartment. You may be entitled to a rent abatement.

if a tenant moves out prior to court date does the eviction proceed?

Answered 8 years and 2 months ago by Thomas Sheldon Fleishell (Unclaimed Profile)   |   1 Answer
Since summary holdover proceedings are intended to deliver possession, if a tenant moves out prior to commencement of the proceeding, the court lacks jurisdiction to proceed with the case and it should be discontinued or dismissed.
Since summary holdover proceedings are intended to deliver possession, if a tenant moves out prior to commencement of the proceeding, the court lacks... Read More

I need a help

Answered 8 years and 3 months ago by attorney Alan J. Goldberg   |   1 Answer
You need to serve the appropriate notice of termination on your remaining occupant.  If he doesn't vacate upon expiration of the notice, you will need to start a holdover eviction action in Housing Court. 
You need to serve the appropriate notice of termination on your remaining occupant.  If he doesn't vacate upon expiration of the notice, you... Read More

tenant attacking another tenant

Answered 8 years and 3 months ago by attorney Alan J. Goldberg   |   1 Answer
If your neighbor is a nuisance, your landlord needs to start a holdover action against him.
If your neighbor is a nuisance, your landlord needs to start a holdover action against him.

Security Deposits

Answered 8 years and 3 months ago by attorney Alan J. Goldberg   |   1 Answer
Once you lived in your room for over 30 days you do not have to voluntarily vacate. Your sublessor is required to first commence an eviction proceeding against you in Housing Court. 
Once you lived in your room for over 30 days you do not have to voluntarily vacate. Your sublessor is required to first commence an eviction... Read More

Hi. I rented my home out to my granddaughter and her friend. They were to stay until Aug 31. But I now have nowhere to live. Can I return home

Answered 8 years and 4 months ago by attorney Alan J. Goldberg   |   1 Answer
Did you give your granddaughter a lease?
Did you give your granddaughter a lease?
Landlord and Tenant Law
New York

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