New York Landlord And Tenant Legal Questions

It depends whether the lease had already ended when your belongings were moved, and how much time passed between your informing your landlord you still had possessions to remove and discovering them gone. Since your landlord stored your possessions, it's probably not worth the cost of the fight. Eventually they'll have the right to charge you for storage if the dispute isn't resolved. Make arrangments to go get your belongings. ... Read More

Your friend does not have "squatters rights".  Assuming this was just a short stay, have your friend served with a 10-day "notice to quit" by someone over the age of 18 (best to use a licensed process server) and if they don't leave after 10 days you can start a holdover eviction proceeding in court. If this person lived there a long time, even if they're not a spouse or tenant, they may have some rights. Resist the temptation to change the locks and leave their stuff outside the door. You could be the one defending a wrongful lock-out proceeding, and you don't want to do that. If you are afraid of this person, you may be able to get a restraining order in Family Court or Criminal Court, and have them barred from your house faster. ... Read More

There are a few things you can do. You can withhold rent and let your landlord take you to court, and use the condition of your apartment, which is a breach of the warranty of habitability that comes with any lease, as a defense. If it's serious enough, you'll get a rent abatement. You must have evidence- photos, videos, etc. If the apartment is completely uninhabitable you can leave and find a new place and sue your landlord for damages. The amount you would win , if any, will depend on the strength of your proof that all or part of the apartment is uninhabitable.  ... Read More

You can definitely sue your landlord for money damages for contructive eviction- or just stop paying your rent and wait for him to take you to court, where you can put in a counterclaim for money damages and a rent abatement. Obviously if you have renter's insurance you should have filed a claim with your own insurance company. If you sue your landlord he will contact his insurance company and you will certainly be reimbursed for your property damage (although not lost wages) that way. Make sure to save all the evidence you can, take good photos, find any receipts you may have for damaged goods, or at least work up good replacement estimates. ... Read More

Excessive noise from your neighbor may be breaching the warranty of habitability in your lease- and it is the job of the co-op to handle it. Put your complaints in writing to the board, and demand that the board and management company take action against your neighbor. It is the co-op's job to ascertain what if any illegal renovation is going on, and to stop it, and to ensure that you are not disturbed by your neighbors, whether or not the renovation is legal or illegal.  You may be entitled to a rent abatement from the time  the co-op was put on notice of the problem - so if you have not already done so, put it in writing. If all else fails, stop paying your maintenance and let the co-op take you to court, or start an action against the co-op for a rent abatement for breach of warranty of habitability and the covenant of quiet enjoyment- which is implicit even if not spelled out in EVERY lease.... Read More

Your landlord is stupid, for two reasons. He's preventing himself from getting paid rent, and if he thinks he can cleverly evict you while you're gone, he can't. A non-military affidavit must be submitted to get a warrant of eviction, and since you'll be in the military, that's a defense to an eviction. Tell as many of your neighbors as possible you'll be in the military, so when the process server comes looking for you he'll find out - and that will prevent an eviction. But first let your landlord know this- I think you'll get your lease fast after you do.... Read More

You don't actually have a question in there, but here are the answers. You may have personal injury actions against the landlord and property owner, if your doctor is reasonably certain your illness was caused by the mold. However, there is a 3 year statute of limitations to start a lawsuit, running from the time you first noticed symptoms- not from the time of your diagnosis, and not from the time you discovered the mold. But there is ALSO a 90 day statute of limitations to file a notice of claim against the city, and a one year statute of limitations to sue the city (or the state or any government entity, municipality or public benefit corporation, etc.).So if your landlord is the city, anyone who discovered their symptoms more than 90 days ago has no case.  If your landlord is a private entity, you might have a case- depending how long ago you first noticed symptoms.   However, you all definitely have an action against the landlord for a rent abatement- likely from the first time the landlord failed to repair, and going forward until the condition is abated. Depending on where you are, you can file a complaint with HPD or your Building Department and get an inspection, and violations put on the property. Once that happens there will be court orders requiring the landlord to repair, and fines if the landlord doesn't comply, and that will be the basis of your rent abatement action, which you can accomplish by starting your own proceeding, or withholding rent and wait until the landlord takes you to court and file a counterclaim.... Read More

Since you are rent stabilized, you are not required to vacate your apartment. It appears that your new landlord may be claiming owner occupancy. If so, the landlord must first serve you with a notice of nonrenewal during the period 90-150 days prior to the expiration of your lease. After your lease expires, the owner must then commence a holdover proceeding in which you will have the opportunity to dispute the truthfulness of the landlord's claims.... Read More

The form is not dispositive...it only constitutes a notice to the landlord. For succession rights, you must live with your grandmother for a minimum of two years prior to her vacatur. Allo f your and your grandmother's documents must reflect this address for the two year period immediately prior to your grandmother vacating the apartment. Your succession rights won't vest until your grandmother vacates.... Read More

If you are rent regulated, the landlord must commence a court action and prove her good faith. If you are not regulated, the landlord may refuse to renew your lease without explanation. Even if you are not regulated, you do not have to vacate when your lease expires, your landlord would first have to bring a holdover eviction action against you in court.... Read More

Yonu muist not interfere with your roommate's occupancy. If you remove his/her belongings without a court order there could be civil and criminal consequences to you. The roommate must be served with a 30 day notice of termination of monthly tenancy. The notice must include a full calendar month and be served by a process server. If the roommate doesn't vacate in accordance with the notice you will then have to commence a holdover eviction proceeding in Landlord & Tenant Court.... Read More