New York Landlord And Tenant Legal Questions

Regardless of any agreememnnt that you sign, your landlord is responsible for the radication the bed bugs in your apartment. You can not waive this right pursuant to the New York warranty of Habitability Law. If teh situation is intolerable, you may be able to claim constructive eviction so as top be able to terminate your lease.... Read More

It is clearly your landlord's responsibility to ensure that you can live in your apartment without being subjected to any nuisance. It is also you7r landlord's responsibility to complete all required repairs, provide extermination and provide security and locks on all doors. You have a number of options open to you. Including the possibility of claiming constructive eviction and/or withholding rent.... Read More

Yes, you may break your lease if you are going to file for bankruptcy. Strategically the best thing you should do is wait until your landlord is going to evict you, file for bankruptcy in the automatic stay of the bankruptcy court will prevent him from moving forward with your eviction. That being said, the landlord has the right to file a motion for relief from stay to move forward with your eviction. But if you're filing bankruptcy you will be able to break the lease and will not be forced to pay the remaining months still on the lease.  I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147 http://massachusettslawyeronline.com/   #bankruptcy  #lawyer  #FallRiver  #Chapter7  #chapter13  #debt  #debtsettlement  #foreclosure  #attorney   #cantpaybills  #lawsuit  #court  #bankruptcycourt  #eviction  #lostmyjob, #student, #loans, #education, #IRS, #taxes... Read More

In New York State you are required to preserve the property for a reasonable period of time to allow the tenant to remove it, when you have evicted the tenant by performing a lock-out. A reasonable period of time has no specific definition but 30 days is usually deemed reasonable. In your case however, you did not evict the tenant by performing a lock-out but the tenant moved and left the property behind. Assuming she actually surrendered the apartment by giving you the keys you do not have to preserve her property. Since she has been gone for more than 30 days the property would be deemed abandoned by the tenant and you can get rid of it. Before getting of the property I would suggest that you try to contact the former tenant to find out if she wants it and take pictures of all of it.... Read More

An attorney can use any documents it wishes as evidence in court, IF it is material, relevant and necessary wither to said attorney's prosecution of the case or in response to your arguments. Additionally, there is the whole issue of whether a particular piece of evidence is properly admissible. My suggestion is for you to consult with a qualified attorney. Gerry Wendrovsky, Esq.- Upper West Side Landlord-Tenant Lawyer www.upperwestsidelawyer.com  ... Read More

You should not be waiting on this- however, you have not described the property that was damaged. You should consult with counsel immediately. If there is a case against NYC, the time to file a notice of claim likely expired. Gerry Wendrovsky, Esq.- Upper West Side Lawyer www.upperwestsidelawyer.com... Read More

The question is, what does the lease say about work done by the landlord within the leased space? The best thing that you can do is consult with a qualified attorney who can review this commercial lease, and provide guidance. Gerry Wendrovsky, Esq.- Upper West Side Real Estate Lawyer www.upperwestsidelawyer.com... Read More

Why do you not get an estimate for the repair and replacement of the tub wall, etc., from a specialist in that product installation? The tenant may say that it is foreseeable that someone would slip in the shower and cause the damage and he was not negligent so should not have to pay anything. You should always demand a security deposit [not just last months rent ]! If the tenant can not afford it then you probably do not want them as a tenant as they are likely to skip out without paying last months rent. Every time the lease renews you can change the terms of whether or not there is a security deposit.... Read More

You can terminate their lease by giving them a notice of termination at least one month in advance. If they do not move out by the end of the month you will have to go to court to evict them. Please contact an attorney to make sure that you properly prepare and serve the notice of termination and that you do not, inadvertently, by your actions reinstate the tenancy.... Read More

Getting out of a commercial lease guarantee is very difficult, especially where one has a lawyer during the lease negotiation. However, if you legally cannot operate the facility because of the certificate of occupancy and an unhelpful limit, assuming that you did not assume the obligation to make legal your proposed use of the space, then you may be able to terminate the lease. However, you will likely have to bring suit to do this. I suggest you quickly consult with and retain counsel for this purpose. Gerry Wendrovsky, Esq.- Upper West Side Tenant Lawyer www.upperwestsidelawyer.com... Read More