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486 legal questions have been posted about landlord and tenant law by real users. 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.
Landlord And Tenant Questions & Legal Answers - Page 17
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Recent Legal Answers

Seems you  said she could - so there's that. The other issue is the type of tenancy and what you were renting. Absent a lease, you probably won't get far on this issue as the LL will have th ability to terminate your tenancy. That stated, there is something missing in your story as landlords dont usually "come stay with" tenants under any circumstance. ... Read More
Seems you  said she could - so there's that. The other issue is the type of tenancy and what you were renting. Absent a lease, you probably... Read More

Am I allowed to withhold rent from my landlord?

Answered 5 years and 5 months ago by attorney Alan J. Goldberg   |   1 Answer
You should immediately file complaints with the NYC Department of Housing Preservation and Development by calling 311. They will send an Inspector and issue the appropriate violations and orders to repair.  You may be entitled to withhold your rents but you should meet with a tenant rights lawyer first.... Read More
You should immediately file complaints with the NYC Department of Housing Preservation and Development by calling 311. They will send an Inspector... Read More

Can i sue for liable and defamation

Answered 5 years and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
There is no defamation when the statements are made directly to you. Defamation only occurs with statements made to others that affect your reputation. 
There is no defamation when the statements are made directly to you. Defamation only occurs with statements made to others that affect your... Read More
Park Rules supercede "a guy told me". If your father is playing landlord he needs to have a LL lawyer on "retainer" to address such issues. 
Park Rules supercede "a guy told me". If your father is playing landlord he needs to have a LL lawyer on "retainer" to address such issues. 
you answered the question by asking it. 24 hours. That you have other personal issues are of no consequence and the Sheriff will physically remove you, under arrest if required, and the LL will toss all your stuff to the curb or junk it. Unless you are able to hire a lawyer to try to convince the court to provide an extension, you need to get out and secure your things in a storage facility.... Read More
you answered the question by asking it. 24 hours. That you have other personal issues are of no consequence and the Sheriff will physically remove... Read More
Not sure why this is even an issue - you need to leave NOW. If you have to go to a shelter - then thats where you go. You are lucky you are not just a chalk outline - leave now. 
Not sure why this is even an issue - you need to leave NOW. If you have to go to a shelter - then thats where you go. You are lucky you are not just... Read More

How do I collect tenant debt, of $17,000 ?

Answered 5 years and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Sorry - but you botched this all up horribly playing lawyer to avoid paying lawyer. The price tag for that decision is likely to be $17,000.00 as its near impossible to collect money from such people and thats assuming you sued them and obtained a court judgment for the $17,000.00. Credit reporting is simply laughable to most such tenants.... Read More
Sorry - but you botched this all up horribly playing lawyer to avoid paying lawyer. The price tag for that decision is likely to be $17,000.00 as its... Read More
You DO realize that signing the CDC document under false pretense has penalties to it, right? Just because you demand that the other room mate sign it "or else" does not require that they do so, especially if they are not qualified under the guidelines. How this play out with 2 or 3 claiming qualification wil have to be sorted out later, likely in the eviction proceedings. Bear inmind that if the LL is forced to file an eviction and even if you are allowed to stay unitl December 31, 2020, without paying rent, you will STILL have an eviction on your record and likely aoney judgment for rent which will make it near impossible to rent any place decent in the future. ... Read More
You DO realize that signing the CDC document under false pretense has penalties to it, right? Just because you demand that the other room mate sign... Read More

My mother is sick from mold in the carpet and wall a

Answered 5 years and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You mean why can't she live for free in the unihabitable property? That doesn't sound ridiculous to you? It certainly will to a judge. That stated, your mother needs to move from that property for her health immediately. Otherwise, at some point she igoing to end up paying full rent or face eviction or worse become ill and she will bear fault for it because while complaining of illness from the mold - she refused to leave. One cannot complain of burnt feet while refusing to leave the burning embers of a burned out apartment, and mold is just another exmple of the same logic.... Read More
You mean why can't she live for free in the unihabitable property? That doesn't sound ridiculous to you? It certainly will to a judge. That stated,... Read More

Do I take option a or option b?

Answered 5 years and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Thwere is no means for any competent lawyer to proivde reliable legal advice in such a situaiton wihtout being retained and having ALL of the facts. That stated, it is usually NOT in your interest to have an eviction on your record, regardless of the reason, and its better for you to find some useful means of resolving this without that happening.... Read More
Thwere is no means for any competent lawyer to proivde reliable legal advice in such a situaiton wihtout being retained and having ALL of the facts.... Read More
You can't have the cake and eat it too. If its not habitable or a health hazard, then you need to leave and find someplace else. That its a hassle or other places that aren't dilapidated or damaged "cost more" is not an excuse. If you stay, you will certainly be accepting some blame for any health issues you have if the LL has offered to let you leave, you renew the lease or you stay otherwise. ... Read More
You can't have the cake and eat it too. If its not habitable or a health hazard, then you need to leave and find someplace else. That its a hassle or... Read More
Why would you think otherwise? Of course you can be evicted when you allow a person on the property as your guest, that was trespassed. 
Why would you think otherwise? Of course you can be evicted when you allow a person on the property as your guest, that was trespassed. 
I think you are confused.You likely are being charged 2x rent as a hold over tenant, as if you are present on the property on the 1st, when rent it due you owe rent for the whole month. If you there after you said you would leave, you are arguably ahold over tenant and owe 2x rent. 
I think you are confused.You likely are being charged 2x rent as a hold over tenant, as if you are present on the property on the 1st, when rent it... Read More
In theory you all may be evicted if the full rent isn't paid and your family may sue you for your payments.
In theory you all may be evicted if the full rent isn't paid and your family may sue you for your payments.
Legal grounds for what? You already claim the property is not healthy to live in  - yet you seem to be fighting to stay there. Your post makes no sense, as does the notion that you have 3 years left on a lease. This sounds a lot more like a rent to own situation.
Legal grounds for what? You already claim the property is not healthy to live in  - yet you seem to be fighting to stay there. Your post makes... Read More

How to remove a subtenant?

Answered 5 years and 7 months ago by Mr. Gary Kollin (Unclaimed Profile)   |   1 Answer
Terminate the lease. Give them 30 day notice. have them move out. (this is if bi r=wru=itten lease  
Terminate the lease. Give them 30 day notice. have them move out. (this is if bi r=wru=itten lease  

Notice to vacate the property by 9/30

Answered 5 years and 7 months ago by attorney Mark Tischhauser, Esq.   |   2 Answers
If you are month to month tenant, meaning no active lease, fithe LL give syou 15 days written notice of terminating your tenancy, thats it. There is no defense. The only way you stay is to get agreement with LL OR hold over and force an eviction lawsuit, which will then be on your public record. ... Read More
If you are month to month tenant, meaning no active lease, fithe LL give syou 15 days written notice of terminating your tenancy, thats it. There is... Read More
If dad is in possession and mother is not there to testify, yes. Moreover, as it seems you are both grown adults, your better bet is to act as such, and find a place of your own where you will not be dependant on one or the other parents for support. 
If dad is in possession and mother is not there to testify, yes. Moreover, as it seems you are both grown adults, your better bet is to act as such,... Read More
If handled properly and accurately described? Yes. That stated, you need to get with the LL and move, as you cannot withold rent to live in a property that is legally uninhabitable by code enficement standards. Termination of the lease and moving out is the proper remedy.
If handled properly and accurately described? Yes. That stated, you need to get with the LL and move, as you cannot withold rent to live in a... Read More
If you are not on a lease, break a lease or are MTM, the LL can do anything they want.   You either agree and stay or don't and leave. The CV19 issues have no bearing on that. If there is a lease - they are bound by th lease terms as are you. 
If you are not on a lease, break a lease or are MTM, the LL can do anything they want.   You either agree and stay or don't and leave. The... Read More

I am a tenant I am being evicted I have a court date next week can I get a continuance without going to court

Answered 5 years and 7 months ago by Nicholas Prescott Weiss (Unclaimed Profile)   |   1 Answer
It is unlikely that you can get a continuance. However, there are numerous prohibitions on evictions right now do to COVID that may prevent an eviction. You may qualify for one or more of them.
It is unlikely that you can get a continuance. However, there are numerous prohibitions on evictions right now do to COVID that may prevent an... Read More

What to do if my Landlord is denying me to switch apartments.

Answered 5 years and 8 months ago by Benjamin 'Benj' Easter, Esq. (Unclaimed Profile)   |   1 Answer
Every apartment is bound to an "implied warranty of habitability". This means that the apartment must be clear of defects severe enough as to make inhabitation of the space dangerous or impossible. A leak in the cabinets could cause mold which is dangerous to your health. The Landlord is responsible for making these repairs in a timely fashion or providing you with a suitable substitute. Since you have already spoken to the Landlord and they have agreed to let you move I would suggest talking to them again and setting up a date for that move. Due to the fact that your Lease is up at the end of the month they may ask you to sign a new lease.  In the event that you stick it out to the end of the lease and then find a new apartment you may want to consider asking for a refund of your last months rent as you were living in an uninhabitable space. I doubt that you will be able to make any headway on this without engaging a lawyer, but it's worth a shot. If you would like to take action on it then you likely will be best served by making a claim in small claims court. There you can represent yourself without a lawyer and will have minimal filing fees. You should list your damages as being the rent for any months that you were affected by the situation, any repair, medical, or other costs related to the damage. If you are being forced out due to the damage, you can also include the cost of searching for a new place to live. ... Read More
Every apartment is bound to an "implied warranty of habitability". This means that the apartment must be clear of defects severe enough as to make... Read More
Not sure what you expect when you lie and cheat to get what you want  You are now likely exposed to a second eviction once the LL finds out what you did. Not sure what your question is, but you have made a mess of things. Arguably you should let the landlord know what you did and accept the conseqeunces. Since thats unlikely given your displayed character, you will likely need to ride it out and hope that you can simply complete the lease term without problems. if the tha LL already figured it out and confronted you with it, you are in a bind with no easy remedy. ... Read More
Not sure what you expect when you lie and cheat to get what you want  You are now likely exposed to a second eviction once the LL finds out what... Read More
You need to retain a landlord lawyer to address this ASAP. 
You need to retain a landlord lawyer to address this ASAP. 

Can the police escort me out of my father's house

Answered 5 years and 8 months ago by Stephen Howell Jett (Unclaimed Profile)   |   1 Answer
No.  He needs to evict you. Does he own the house, or do others also have ownership interest in the house? Please let me know if yoiu would like to discuss. Best, Stephen H. Jett 440-821-8515 sjett@jett.law www.jett.law
No.  He needs to evict you. Does he own the house, or do others also have ownership interest in the house? Please let me know if yoiu would... Read More