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 7
Do you have any New York Landlord And Tenant questions page 7 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 313 previously answered New York Landlord And Tenant questions.

Recent Legal Answers

Is it legal for my landlord to remove me on the lease without speaking to me first?

Answered 12 years and 9 months ago by Ernest Jerome Dubose (Unclaimed Profile)   |   1 Answer
Even if your name is not on the lease your have protections in New York. Your boyfriend would still have to go through the formal eviction process other wise it is considered a self help eviction, which is highly illegal. When the new lease was negotiated it is not illegal that your name was left off; however, you can not be thrown out on the streets by your ex.... Read More
Even if your name is not on the lease your have protections in New York. Your boyfriend would still have to go through the formal eviction process... Read More

Is it legal in NY to put surveillance cameras in roommates room?

Answered 12 years and 9 months ago by Gerry M Wendrovsky (Unclaimed Profile)   |   1 Answer
You put a camera of any type in the room and you can expect when caught to be prosecuted for a felony- what you are proposing is illegal. Gerry Wendrovsky, Esq.- Upper West Side Lawyer www.upperwestsidelawyer.com
You put a camera of any type in the room and you can expect when caught to be prosecuted for a felony- what you are proposing is illegal. Gerry... Read More

Can I sue my landlord for negligence?

Answered 12 years and 9 months ago by Gerry M Wendrovsky (Unclaimed Profile)   |   1 Answer
If you live in NYC, you need to file an HP proceeding in the Housing Court. If not, then you will need to file a proceeding in your local court to compel the work to be performed. You may consider consulting with an attorney. Gerry Wendrovsky, Esq.- Upper West Side Tenant Lawyer www.upperwestsidelawyer.com... Read More
If you live in NYC, you need to file an HP proceeding in the Housing Court. If not, then you will need to file a proceeding in your local court to... Read More

Is it legal for a landlord to charge me with the whole building's electric bill?

Answered 12 years and 9 months ago by Joseph T G Harper (Unclaimed Profile)   |   4 Answers
Typically power is either individually metered, or based on a percentage. You do not occupy the entire building, so you should not be responsible for the entire building's power usage. I would think that other tenants would be responsible for their share as well.
Typically power is either individually metered, or based on a percentage. You do not occupy the entire building, so you should not be responsible for... Read More

Breaking a lease in NYS

Answered 12 years and 9 months ago by Gerry M Wendrovsky (Unclaimed Profile)   |   1 Answer
If the Gazebo is under the control of the landlord, you may be able to demonstrate a 'breach of warranty of habitability', which could lead to an agreement to terminate the lease. If it is not under the landlord's control, it would be difficult to prove the landlord's knowledge of the drug activity, so as to get out of the lease. However, at a minimum, you should be filing a complaint with the local police. Gerry Wendrovsky, Esq.- Upper West Side Tenant Lawyer www.upperwestsidelawyer.com... Read More
If the Gazebo is under the control of the landlord, you may be able to demonstrate a 'breach of warranty of habitability', which could lead to an... Read More

Who is responsible for equipment in an Apartment?

Answered 12 years and 9 months ago by Gerry M Wendrovsky (Unclaimed Profile)   |   1 Answer
This will depend on the terms of the lease. If there was no lease, generally you are under no obligation to repair any 'equipment'. Gerry Wendrovsky, Esq.- Upper West Side Tenant Lawyer www.upperwestsidelawyer.com
This will depend on the terms of the lease. If there was no lease, generally you are under no obligation to repair any 'equipment'. Gerry... Read More

Can a landlord raise the rent after my application has been approved but before I sign a lease?

Answered 12 years and 9 months ago by Gerry M Wendrovsky (Unclaimed Profile)   |   1 Answer
If the landlord now wants to make the rent $1,700, then there is no deal, and you have no obligation to go forward at $1,700. However, it will be difficult to 'force' the landlord to proceed with the $1,600. Your best bet would be to retrieve your deposit and find another place. Gerry Wendrovsky, Esq.- Upper West Side Tenant Lawyer www.upperwestsidelawyer.com... Read More
If the landlord now wants to make the rent $1,700, then there is no deal, and you have no obligation to go forward at $1,700. However, it will be... Read More

Am I legally required to split the security deposit with him if he so chooses to try and demand it?

Answered 12 years and 9 months ago by Georges Herman Shers (Unclaimed Profile)   |   6 Answers
Why do you think he would be entitled to get half of the security deposit since you put up all of it? It was your money so it should be returned to you. Get your boyfriend to agree in advance, however, since the landlord will not want to be caught in the middle and will not give it to you only if he/she is not sure you are the only one with a legal right to it.... Read More
Why do you think he would be entitled to get half of the security deposit since you put up all of it? It was your money so it should be returned to... Read More

What is the statute of limitations for collecting rent?

Answered 12 years and 10 months ago by Steven Alan Fink (Unclaimed Profile)   |   3 Answers
In California there is a 4 year statute of limitations for rent due under a written lease.
In California there is a 4 year statute of limitations for rent due under a written lease.

How can I get my name off the mortgage of my house?

Answered 12 years and 10 months ago by Michael J Palumbo (Unclaimed Profile)   |   4 Answers
You need to bring an action for partition.
You need to bring an action for partition.

Can I turn off utilities if the renter stopped paying rent?

Answered 12 years and 10 months ago by Jeffrey Lawrence Pollock (Unclaimed Profile)   |   5 Answers
File a Complaint for Possession a.s.a.p. at the MDJ office; do not use self-help and jeopardize your case.
File a Complaint for Possession a.s.a.p. at the MDJ office; do not use self-help and jeopardize your case.

Does a tenant's bankruptcy filing release her from the lease?

Answered 12 years and 10 months ago by Steven D. Dunnings (Unclaimed Profile)   |   2 Answers
Not necessarily. Were you listed as a creditor in the bankruptcy?
Not necessarily. Were you listed as a creditor in the bankruptcy?

Is it legal for a landlord to invade my property?

Answered 12 years and 10 months ago by Michael J Palumbo (Unclaimed Profile)   |   2 Answers
An answer to this query requires a detailed analysis of the facts and the law which cannot be done in this forum.
An answer to this query requires a detailed analysis of the facts and the law which cannot be done in this forum.

Can I create a legal alias without changing my name?

Answered 12 years and 10 months ago by Michael J Palumbo (Unclaimed Profile)   |   2 Answers
You need to run this by the attorney represent you at your closing.
You need to run this by the attorney represent you at your closing.

Can a landlord make you move out for having a companion pet?

Answered 12 years and 10 months ago by Michael J Palumbo (Unclaimed Profile)   |   1 Answer
It must be a certified service animal.
It must be a certified service animal.

Can a tenant operate a business without the landlord's permission?

Answered 12 years and 10 months ago by Michael J Palumbo (Unclaimed Profile)   |   2 Answers
You drafted the lease - is it prohibited in the lease? Are there zoning regulations prohibiting it?
You drafted the lease - is it prohibited in the lease? Are there zoning regulations prohibiting it?

Is my landlord allowed to add charges without notice?

Answered 12 years and 10 months ago by Jared Altman (Unclaimed Profile)   |   2 Answers
Check your lease. But, probably not.
Check your lease. But, probably not.

Can my landlord force us to move out?

Answered 12 years and 10 months ago by Steven D. Dunnings (Unclaimed Profile)   |   3 Answers
What does your lease say about pets and the landlords authority to terminate or evict you?
What does your lease say about pets and the landlords authority to terminate or evict you?

How can I file a claim to someone if I do not know the person's address?

Answered 12 years and 10 months ago by Michael J Palumbo (Unclaimed Profile)   |   2 Answers
Retain a private investigator to find him.
Retain a private investigator to find him.

What can I do if I want a tenant out of the apartment?

Answered 12 years and 10 months ago by Michael J Palumbo (Unclaimed Profile)   |   3 Answers
If you want to retain our office we will commence eviction proceedings. That is the only way to get him out. Our fees are as low as $1,500.00.
If you want to retain our office we will commence eviction proceedings. That is the only way to get him out. Our fees are as low as $1,500.00.

Can I sign over complete ownership of my co-op apartment to my husband if it is only in my name?

Answered 12 years and 10 months ago by Michael J Palumbo (Unclaimed Profile)   |   2 Answers
Why would you want to do this?
Why would you want to do this?

Is the hotel responsible if my room door shuts automatically but doesn't latch and theft occurred?

Answered 12 years and 10 months ago by James Peirce Kelaher (Unclaimed Profile)   |   7 Answers
I've got no idea what Nevada's law is regarding that issue, sorry.
I've got no idea what Nevada's law is regarding that issue, sorry.

Can a property manager search my apartment without a warrant?

Answered 12 years and 10 months ago by Jared Altman (Unclaimed Profile)   |   1 Answer
No. It is not.
No. It is not.

How can I get back my security deposit from my landlord?

Answered 12 years and 10 months ago by Michael J Palumbo (Unclaimed Profile)   |   2 Answers
You seem to have a case and we can represent you in small claims court against your landlord.
You seem to have a case and we can represent you in small claims court against your landlord.

Am I in jeopardy of my neighbor exercising adverse possession?

Answered 12 years and 10 months ago by Michael J Palumbo (Unclaimed Profile)   |   2 Answers
Am I in jeopardy of my neighbor exercising adverse possession? Yes.
Am I in jeopardy of my neighbor exercising adverse possession? Yes.