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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 3
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Landlord and Tenant Law
New York

Recent Legal Answers

My security deposit was held in an account that was closed shortly after being opened and we never got yearly statements, can I sue landlord for this?

Answered 8 years and 6 months ago by attorney Alan J. Goldberg   |   1 Answer
You are entitled to use your security deposit as a set off against any damages claimed by the landlord.
You are entitled to use your security deposit as a set off against any damages claimed by the landlord.

I need a lawyer practicing in NYCHA(project) give me contact for a meeting with you! New York

Answered 8 years and 6 months ago by attorney Alan J. Goldberg   |   1 Answer
Alan J. Goldberg, Esq.Goldberg, Scudieri & Lindenberg, P.C.6 East 45th Street14th FloorNew York, New York 10017Telephone: 212-921-1600Telecopier: 212-840-3941Agoldberg@gslnylaw.comwww.gslnylaw.com
Alan J. Goldberg, Esq.Goldberg, Scudieri & Lindenberg, P.C.6 East 45th Street14th FloorNew York, New York 10017Telephone: 212-921-1600Telecopier:... Read More

Do I have a chance in court with my landlord who wants to evict me?

Answered 8 years and 6 months ago by attorney Alan J. Goldberg   |   1 Answer
You may have the right not to pay rent oif you live in an illegal apartment. You can also raise various defenses to any holdover action that your landlord brings against you. However, eventually you will have to vacate.
You may have the right not to pay rent oif you live in an illegal apartment. You can also raise various defenses to any holdover action that your... Read More

can an attorney send a 5 day notice and a 30 day notice in same envelope dated oct 4 2017

Answered 8 years and 6 months ago by attorney Alan J. Goldberg   |   1 Answer
Each notice should be served seperately. It appears that you have valid defenses to both notices. I suggest that you meet with ana ttorney as soon as possible.
Each notice should be served seperately. It appears that you have valid defenses to both notices. I suggest that you meet with ana ttorney as soon as... Read More

How do I get Landlord to return my security Deposi

Answered 8 years and 6 months ago by attorney Alan J. Goldberg   |   1 Answer
You should start an action in Small Claims Court in the county in which your landlord lives or has his office.
You should start an action in Small Claims Court in the county in which your landlord lives or has his office.

HI, I am trying to find a way to get my roommate out of my apartment. our agreement is coming to an end and she refuses to leave. the lease is on me.

Answered 8 years and 7 months ago by attorney Alan J. Goldberg   |   1 Answer
When your agreement with your roommate expires you will start a Holdover Eviction Proceeding against her in Housing Court. Do not accept any rent for any time period after the agreement expires. You will be able to recove that in court. You should actually meet with an attorney as soon as possible.... Read More
When your agreement with your roommate expires you will start a Holdover Eviction Proceeding against her in Housing Court. Do not accept any rent for... Read More

I wrote to our landlord detailing our disdain for the illegal demolition of the suite accross the hall from our office. he is evicting us, can he?

Answered 8 years and 7 months ago by attorney Alan J. Goldberg   |   1 Answer
You should immediately file a complaint with the Department of Buildings. If the demolition/construction is illegal it will be stopped.
You should immediately file a complaint with the Department of Buildings. If the demolition/construction is illegal it will be stopped.

Lease agreement

Answered 8 years and 7 months ago by attorney Alan J. Goldberg   |   1 Answer
You should file a complaint with the Department og Buildings. If the construction is illegal it will be shut down.
You should file a complaint with the Department og Buildings. If the construction is illegal it will be shut down.

Can My landlord shut off my water and Electricity for late rent?

Answered 8 years and 7 months ago by attorney Alan J. Goldberg   |   1 Answer
Water and electricity are essential services which your landlord is prohibited by law from discontinuing.
Water and electricity are essential services which your landlord is prohibited by law from discontinuing.

Can I sue landlord for property damages and health issue.

Answered 8 years and 7 months ago by attorney Alan J. Goldberg   |   2 Answers
You have the right to recover your damages and expenses from your landlord.
You have the right to recover your damages and expenses from your landlord.

I just received an order giving the bank judgment of possession after foreclosure. I need help from a landlord tenant attorney. Can I be evicted right

Answered 8 years and 7 months ago by attorney Alan J. Goldberg   |   1 Answer
The bank must send you a 90 day notice of termination and then take you to Housing Court if it wishes you to vacate your apartment.
The bank must send you a 90 day notice of termination and then take you to Housing Court if it wishes you to vacate your apartment.

I'm Peter. Regarding Elder, apartment succession rights, and public housing. Moms incapacitated in Nursing home in Upper Washington heights NYC,..,,

Answered 8 years and 8 months ago by attorney Alan J. Goldberg   |   1 Answer
For NYCHA succession you need to be on the income affidavit and live in the apartment for at least one year. A criminal backroud precludes succession.
For NYCHA succession you need to be on the income affidavit and live in the apartment for at least one year. A criminal backroud precludes succession.

What do I do if a landlord doesn't hold up their end of the lease about maintaining a safe place? I have issues they know about and nothing happens

Answered 8 years and 8 months ago by attorney Alan J. Goldberg   |   1 Answer
If you live in NYC. You can call 311 and file a complaint with HPD. You can also commence an HP-Repair action against your landlord in Housing Court.
If you live in NYC. You can call 311 and file a complaint with HPD. You can also commence an HP-Repair action against your landlord in Housing Court.

how to sue landlord for misscondact

Answered 8 years and 8 months ago by attorney Alan J. Goldberg   |   1 Answer
The type of landlord misconduct will determine how much you sue for and in which court.
The type of landlord misconduct will determine how much you sue for and in which court.

I verbally agreed to sign a lease for an apartment. I received a lease from the landlord. No one has signed it yet. Is it binding.

Answered 8 years and 8 months ago by attorney Alan J. Goldberg   |   1 Answer
Once the landlord has your signature on a lease, he can hold you to the terms thereof.
Once the landlord has your signature on a lease, he can hold you to the terms thereof.

Hi I've been renting from my landlord for six years now when I moved it it was promised he would fix our bathroom because there is no window or vent ,

Answered 8 years and 8 months ago by attorney Alan J. Goldberg   |   1 Answer
If you are in NYC call 311 and ask for an inspection from HPD. If there are violations posted your landlord will be required to cure them within a specific time frame.
If you are in NYC call 311 and ask for an inspection from HPD. If there are violations posted your landlord will be required to cure them within a... Read More

Is my building manager responsible and can I break my lease?

Answered 8 years and 8 months ago by attorney Lori Nevias   |   1 Answer
Your management company is lying. While your landlord is not responsible for your neighbor's overflowing toilet, they are responsible for the pipes inside the wall that leak into your bathroom through the ceiling and "cracks between ceiling and walls" (there shouldn't be cracks- that's also your landlord's responsibility.) I hope you took good photos of the damage and have receipts for the cost of replacement of everything. Assuming you can prove what you described, you can break your lease due to your landlord's breach of warranty of habitability.  ... Read More
Your management company is lying. While your landlord is not responsible for your neighbor's overflowing toilet, they are responsible for the pipes... Read More

Is a text message a written agreement?

Answered 8 years and 8 months ago by attorney Alan J. Goldberg   |   1 Answer
You can certainly make that argument in court...that the lease was amended by the text message.
You can certainly make that argument in court...that the lease was amended by the text message.

Tentant/Landlord

Answered 8 years and 9 months ago by attorney Alan J. Goldberg   |   1 Answer
If your landlord gets a judgment against you, he can have a City Marshal garniish your wages.
If your landlord gets a judgment against you, he can have a City Marshal garniish your wages.

Suing my landlord in NY Sm Clms Ct for unreasonably denying my request to sublet. Landlrd's atty says I can't sue. Seeks $2500 legal fees. Who is rt?

Answered 8 years and 9 months ago by attorney Alan J. Goldberg   |   1 Answer
If the landlord unreasonably denies your sublease request you can proceed with the sublease. Alternatively, you can commence a declaratory judgment action in Supreme Court. If you lose in small claims court your landlord may be entitled to reimbursement for his attorney's fees.
If the landlord unreasonably denies your sublease request you can proceed with the sublease. Alternatively, you can commence a declaratory judgment... Read More

Can I sue my landlord because rotting, ill fitting windows that don't lock?

Answered 8 years and 9 months ago by attorney Lori Nevias   |   1 Answer
Assuming you can prove your landlord knew about the need for the repairs, and you gave him a chance to make the repairs, you can probably sue him for your lost property, depending on when this happened (it definitely did not happen on 8-6-2018). Your best move is to take your landlord to housing court to force him to make the repairs, and for a rent abatement and include a claim for the property damage. If you live in a NYC borough you can call 311 to make a complaint to HPD which will trigger an inspection, for which you must make yourself available to give access. You can also make the repairs yourself and deduct this from your rent and if the landlord tries to evict you for non-payment assuming the cost was reasonable and you have written estimates to prove it, the judge will likely give you credit for the repair and possibly also an additional abatement in rent if you can prove how long the condition existed and that you complained and gave the landlord a chance to repair. ... Read More
Assuming you can prove your landlord knew about the need for the repairs, and you gave him a chance to make the repairs, you can probably sue him for... Read More

Service of court papers

Answered 8 years and 9 months ago by attorney Alan J. Goldberg   |   1 Answer
It is probably good substituted service. You can raise aany objection that you have to the service when you file your answer in Housing Court.
It is probably good substituted service. You can raise aany objection that you have to the service when you file your answer in Housing Court.

I am a landlord and I gave my tenant a 30 day notice to move because I'm selling the house. She has not paid her rent for the month of July.

Answered 8 years and 10 months ago by attorney Alan J. Goldberg   |   1 Answer
We can start a nonpayment proceeding immediately. Alternatively, you can sue for all back rent when you commence a holdover proceeding.
We can start a nonpayment proceeding immediately. Alternatively, you can sue for all back rent when you commence a holdover proceeding.

I have rented for over 20 years and in the last 3 years the house has mold and with numerous attempts to correct . I've been in and out of hospital

Answered 8 years and 10 months ago by attorney Alan J. Goldberg   |   1 Answer
You must immediately call 311 to request a mold inspection and file an HP action against your landlord in Housing Court.
You must immediately call 311 to request a mold inspection and file an HP action against your landlord in Housing Court.

I need an attorney for mold that serves NYC. My landlord is the bigest slumlord across the country.

Answered 8 years and 10 months ago by attorney Alan J. Goldberg   |   1 Answer
You can immediately file a mold complaint and request an inspection from 311. You can also commence an Inaction in Housing Court. 
You can immediately file a mold complaint and request an inspection from 311. You can also commence an Inaction in Housing Court. 
Landlord and Tenant Law
New York

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