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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 4
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Landlord and Tenant Law
New York

Recent Legal Answers

I wish to execute contractual rights under a lease agreement executed under New York jurisdiction as we face a default on rent payment.

Answered 8 years and 10 months ago by attorney Lori Nevias   |   1 Answer
This sounds like a very strong case but it's impossible to give a full assessment of your rights and remedies without reviewing the contract and lease, and getting much more information. People (and companies) rarely default for "no good reason"- usually a lack of money is involved, unless Barworks has done this in the past.  I would be interested in getting more information so I can give you a better answer.  ... Read More
This sounds like a very strong case but it's impossible to give a full assessment of your rights and remedies without reviewing the contract and... Read More

Can our landlords dictate where we keep our dog when we are not home, provided that we are doing our due diligence to protect their property?

Answered 8 years and 10 months ago by attorney Lori Nevias   |   1 Answer
That depends. The landlord can't make you crate your dog, or lock your dog in a room, if that's what is being demanded. However, the landlord can insist that you NOT keep your dog tied up outside, if that's what you're doing because, for one thing, it's illegal.  The landlord can also insist that you change where you keep your dog if the dog constantly barks while you're gone. What exactly is your landlord demanding, and why?... Read More
That depends. The landlord can't make you crate your dog, or lock your dog in a room, if that's what is being demanded. However, the landlord can... Read More

If i moved into my apartment and froze the entire season does the landlord have the right to evict me if i do not pay rent?

Answered 8 years and 10 months ago by attorney Alan J. Goldberg   |   1 Answer
You have the right to couinterclaim for a rent abatement due to the lack of heat during the winter.
You have the right to couinterclaim for a rent abatement due to the lack of heat during the winter.

I am behind on rent due to having to repair everything by myself. Landlord is making demands now that I gave move notice

Answered 8 years and 10 months ago by attorney Alan J. Goldberg   |   1 Answer
You may be entitled to a rent abatement and reimbursement for your expenses. 
You may be entitled to a rent abatement and reimbursement for your expenses. 

Genentech's is not paid rent since moving in 2 months can I evict

Answered 8 years and 10 months ago by attorney Alan J. Goldberg   |   1 Answer
You can start a nonpayment eviction proceeding against your tenant.
You can start a nonpayment eviction proceeding against your tenant.

My landlord of 7 years has asked me to move after So her sister can move into my apt. It will cost me over 7 k to move. I live in NYC.

Answered 8 years and 11 months ago by attorney Alan J. Goldberg   |   1 Answer
You do not have to voluntarily vacate unless you are ordered to by a court after trial.
You do not have to voluntarily vacate unless you are ordered to by a court after trial.

Can i sue my landlord i have an email say from him sayin that he knew about the bed bugs and had exterminators come but it did not work lost furniture

Answered 8 years and 11 months ago by attorney Lori Nevias   |   1 Answer
If you have evidence of bed bug infestation you are entitled to a rent abatement and damges for lost and damaged property, because a bedbug infestation by definition makes an apartment uninhabitable.  The fact that you have the email from the landlord definitely strengthens your case. You don't say whether you stayed or left as soon as you discovered the bedbugs but if you stayed you had an obligation to mitigate your damages, meaning continue to try to eliminate the bedbugs. You have a good case. ... Read More
If you have evidence of bed bug infestation you are entitled to a rent abatement and damges for lost and damaged property, because a bedbug... Read More

Will I be forced to accept a stipulation, when there may be a legal issue of whether I'm still a legal tenant?

Answered 8 years and 11 months ago by attorney Alan J. Goldberg   |   1 Answer
You have numerous issues. I suuggest that you meet with a Tenant Rights Attorney.
You have numerous issues. I suuggest that you meet with a Tenant Rights Attorney.

rent stablization

Answered 8 years and 11 months ago by attorney Alan J. Goldberg   |   1 Answer
Youneed to meet with an attorney to determine the status of your apartment.
Youneed to meet with an attorney to determine the status of your apartment.

i live at the ICON apartments in manhattan, there is 12 airbnb here and i am nit happy since its illegal.. what can we do?

Answered 8 years and 11 months ago by attorney Alan J. Goldberg   |   1 Answer
You can call 311 and file complaints. Alos notify the landlord.
You can call 311 and file complaints. Alos notify the landlord.

How can I stop a holdover

Answered 8 years and 11 months ago by attorney Alan J. Goldberg   |   1 Answer
You may have various defenses. I suggest that you meet with an attorney.
You may have various defenses. I suggest that you meet with an attorney.

Can i kick out my basement tenants?

Answered 9 years ago by attorney Alan J. Goldberg   |   1 Answer
You will need to have a process server serve a 30 day notice of termination. Thereafter, if the tenants do not vacate, you will have to commence a holdover beviction action against them.
You will need to have a process server serve a 30 day notice of termination. Thereafter, if the tenants do not vacate, you will have to commence... Read More

How can I get my tenant to pay rent he owes or get him evicted?evicted

Answered 9 years ago by attorney Alan J. Goldberg   |   1 Answer
You need to serve your tenant with a legal rent demand. The duration of the demnand is 3 days unless your lease provides otherwise. If the tenant does not comply you will need to start a nonpayment eviction proceeding in Housing Court. The demand and cour documents must be served in accordance with the requirements of law by a process server.... Read More
You need to serve your tenant with a legal rent demand. The duration of the demnand is 3 days unless your lease provides otherwise. If the tenant... Read More

I have lived here for one year rent free no landlord out of the blue he shows up and says we have to move by the first of May 2017 is this legal ?

Answered 9 years ago by attorney Alan J. Goldberg   |   1 Answer
You do not hyave to voluntarily vacate your apartment. Also, based on his inaction, the landlord may have waive the right to bring an eviction proceeding against you for part of the arrears. I suggest that you schedule a complimentary consultation to meet with us.
You do not hyave to voluntarily vacate your apartment. Also, based on his inaction, the landlord may have waive the right to bring an eviction... Read More

have problems whit manaegement

Answered 9 years ago by attorney Alan J. Goldberg   |   1 Answer
Your landlord should be responsible for total repair of the condition. Your landlord is also responsible for any property damage or personal injury that you or your daughter suffered as a result of the leak.
Your landlord should be responsible for total repair of the condition. Your landlord is also responsible for any property damage or personal injury... Read More

Can my preferential rent be taken away?

Answered 9 years ago by attorney Alan J. Goldberg   |   1 Answer
yOU HAVE A NUMBER OF OPTIONS AVAILABLE TO YOU REGARDING YOUR RENT STABILIZED BASEMENT APARTMENT AND PREFERENTIAL RENT. i SUGGEST THAT YOU ARRANGE A CONSULTATION TO MEET WITH ME.
yOU HAVE A NUMBER OF OPTIONS AVAILABLE TO YOU REGARDING YOUR RENT STABILIZED BASEMENT APARTMENT AND PREFERENTIAL RENT. i SUGGEST THAT YOU ARRANGE A... Read More

i was living with my aunt and uncle the got evicted i was not on a lease and the landlord filed a civil judgement on me can he do that?

Answered 9 years ago by attorney Alan J. Goldberg   |   1 Answer
If you never signed a lease, you should not be liable for the rents. You will need to do an order to show cause to vacate the judgment.
If you never signed a lease, you should not be liable for the rents. You will need to do an order to show cause to vacate the judgment.

Tenant making noise / domestic disputes

Answered 9 years ago by attorney Alan J. Goldberg   |   1 Answer
As a condo owner you are required to ensure that a nuisance is not emenating from your apartment. If your tenat is causing a nuisance that may constitute sufficient grounds to terminate the tenancy.
As a condo owner you are required to ensure that a nuisance is not emenating from your apartment. If your tenat is causing a nuisance that... Read More

If a non-profit (in New York state) provided housing for a house manager and wish to evict him, what, if any tenant rules protect him?

Answered 9 years and a month ago by attorney Alan J. Goldberg   |   1 Answer
You do not voluntarily have to vacate. The landlord would have to first start a holdover eviction action in Housing Court, subject to your defenses.
You do not voluntarily have to vacate. The landlord would have to first start a holdover eviction action in Housing Court, subject to your defenses.

My LL stored a lot of big folders in my apartment at the start of the lease (when I was new to USA). Could the LL allowed to do this?

Answered 9 years and a month ago by attorney Lori Nevias   |   1 Answer
Your landlord needs to remove the files or give you a rent abatement. Not only do you have less room for yourself, the presence of the files suggests that the landlord has a right to enter your apartment to access them, and that you may be held responsible if they're damaged. Take photos of the piles of files and have a conversation with the landlord. If the landlord refuses to agree to either solution you can either withhold a portion of the rent and let the landlord take you to court where you can file a counterclaim for partial lockout, or take the landlord to court for the same. ... Read More
Your landlord needs to remove the files or give you a rent abatement. Not only do you have less room for yourself, the presence of the files suggests... Read More

My landlord asked to come in my apartment around 3 months before the lease ends and took pics of me and the apartment

Answered 9 years and a month ago by attorney Lori Nevias   |   1 Answer
It sounds like your landlord is setting you up to keep your security deposit. Unless your apartment is so cluttered that parts of the apartment cannot be seen, this is no excuse for the landlord to fail to rent the apartment or, as I suspect will happen, to try and keep all or part of your security deposit when you leave.... Read More
It sounds like your landlord is setting you up to keep your security deposit. Unless your apartment is so cluttered that parts of the apartment... Read More

I have a housing emergency and I do not know how to proceed. I must appear in court for a holdover hearing on April 12, 2017.

Answered 9 years and a month ago by attorney Alan J. Goldberg   |   1 Answer
Your landlord's retaliation against you will constitute a defense and counterclaim to your landlord's Holdover action against you. You should schedule an immediate complimentary consultation with us.
Your landlord's retaliation against you will constitute a defense and counterclaim to your landlord's Holdover action against you. You should... Read More

2 tenants sharing a 2 bedroom apartment 1 has not paid since December. 2016. I tried to evict but the law is so confusing I've decided to get a lawyer

Answered 9 years and a month ago by attorney Alan J. Goldberg   |   1 Answer
You need to terminate the tenancy and then start an eviction action.
You need to terminate the tenancy and then start an eviction action.

I have had mold growing inside my AC unit inside of my apartment for months that caused various health skin issues for quite sometime need information

Answered 9 years and a month ago by attorney Alan J. Goldberg   |   1 Answer
Your landlord is responsible to cure the mold situation. You can also start an HP action in Housing Court. You may also be able to bring a personal injury action against your landlord.
Your landlord is responsible to cure the mold situation. You can also start an HP action in Housing Court. You may also be able to bring a personal... Read More

Landlord/Tenant issue - breach of contract

Answered 9 years and a month ago by attorney Alan J. Goldberg   |   1 Answer
Depending on the severity of the situation, you can get a percentage discount off your rent. If you suffered any physical injury you can sue for damages.
Depending on the severity of the situation, you can get a percentage discount off your rent. If you suffered any physical injury you can sue for... Read More
Landlord and Tenant Law
New York

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