Edward Paul Alper’s Answers

Edward Paul Alper

New York Landlord / Tenant Lawyer.

Contributor Level 4
  1. Rented Cert of Occ residential apt. Was defective. Landlord non-responsive. Harassed tenant who earned multiple dismissals.

    Answered over 1 year ago.

    1. Andrew Joseph Spinnell
    2. Edward Paul Alper
    2 lawyer answers

    It sounds like you have a good basis to move to reargue, or else appeal to the Appellate Term. You will need to vacate the judgment against you before beginning a suit against the landlord for fraud, because the landlord will try to use the favorable judgment that he got against you as a defense. Please call me at (212) 359-9576 or email ealper@alperlawfirm.com - Edward Alper http://alperlawfirm.com/

    1 lawyer agreed with this answer

  2. Should i present in court if the summoned is not in my name but has my property address in it?

    Answered over 2 years ago.

    1. Edward Paul Alper
    2. Steven Warren Smollens
    3. Vivek S. Suri
    3 lawyer answers

    Appear in court, but defend against the Summons by informing the court that you were never served with it, that in fact, the landlord next door was served instead. By the way, review the affidavit of service that should be on file, to confirm that the landlord next door was the only person served, and that there is no allegation that you were served as well (they could claim they served you, irrespective of whether you actually received the Summons).

    1 lawyer agreed with this answer

  3. Who is responsible to pay for bed bug infestation?

    Answered over 3 years ago.

    1. Edward Paul Alper
    1 lawyer answer

    In general, the landlord would be required to pay for bedbug infestation. However, if the landlord could prove that the tenant caused the bedbug infestation to occur, the landlord might be able to recoup the cost of eradicating the infestation from the tenant.

    1 lawyer agreed with this answer

  4. Can my roommate be absolved our lease with our landlord without my consent? Can I sue him for back-rent if I cover his share?

    Answered over 1 year ago.

    1. Edward Paul Alper
    1 lawyer answer

    He is still liable on the lease, especially if he has locked his room and barred your use of it. Please call me at 212-359-9576. Edward Alper The Law Offices of Edward Alper 469 Seventh Avenue, SUite 205 New York, NY 10018 (212) 359-9576.

    1 person marked this answer as helpful

  5. Being held hostage by tenant. I renting a home in that my tenant says was damaged by Hurricane Sandy.

    Answered over 1 year ago.

    1. Edward Paul Alper
    2. Mark A. Feldman
    2 lawyer answers

    Perhaps I may be of some assistance. There are a number of issues here, but fundamentally, if the house is still habitable, he should be paying you rent. If there's a written lease between you and the tenant, that probably addresses who is responsible for rent payment, in the event that an intervening cause such as Hurricane Sandy reduces the habitability of the house. Please call 212-350-9576 to discuss. - Edward Alper, Esq.

  6. 3-day notice false information. Have a court day in a few days. Please help.

    Answered almost 2 years ago.

    1. Steven Warren Smollens
    2. Robert A. Stumpf
    3. Edward Paul Alper
    3 lawyer answers

    Your own observations state some good defenses to the court case. Please call me office at 212-359-9576 to set up an appointment.

  7. Can I withhold rent due to bad living conditions caused by other tenants? What is the best way to handle this?

    Answered over 2 years ago.

    1. Edward Paul Alper
    2. Steven Warren Smollens
    2 lawyer answers

    You could withhold rent due to another tenant's inappropriate conduct which has caused you diminished use and enjoyment of your rented space. This is especially, if the other tenant's conduct has caused a health or safety hazard. Before doing so, check your lease to see whether there is language prohibiting the withholding of rent - however, since you are a residential tenant, such language may not be enforceable, since it would be against public policy.

  8. Can a landlord require a tenant to put in carpetting in the apartment at their own cost?

    Answered over 2 years ago.

    1. Edward Paul Alper
    2. Steven Warren Smollens
    3. Vivek S. Suri
    3 lawyer answers

    The answer is that often in New York, a lease may specifically require carpeting. You need to review carefully the terms of your lease, and if it is a requirement, then you need to install the carpeting. If the lease is silent on the issue of carpeting, then the issue is one of reasonableness. Is the noise that is being made so disturbing so as to create a real annoyance to other tenants? That determination would be made on a case by case basis. If there are tape recordings of the...