Jennifer Addonizio Rozen’s Answers

Jennifer Addonizio Rozen

New York Landlord / Tenant Lawyer.

Contributor Level 8
  1. Can we withhold rent until the landlord stops the new tenants from keeping us up all night?

    Answered over 1 year ago.

    1. Jennifer Addonizio Rozen
    2. Eric Edward Rothstein
    3. Steven Warren Smollens
    3 lawyer answers

    Under the warranty of habitability (Real Property Law §235-b) tenants have the right to a livable, safe and sanitary apartment. This is a right that is implied in every written or oral residential lease. Your neighbors are under your landlord's control, therefore it's your landlord's responsibility to write a letter demanding that they stop engaging in behavior that is interrupting your enjoyment of the apartment. If the neighbor refuses, your landlord should file an eviction proceeding...

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  2. Person has refused to pay rent, do I still have to give them 30 days to move out upon handing them a 3 day notice to pay or quit

    Answered over 1 year ago.

    1. Jennifer Addonizio Rozen
    2. Jayson Lutzky
    3. Steven Warren Smollens
    3 lawyer answers

    This scenario is unfortunately fairly common. Since your roommate is a month to month tenant, the police were correct that you must serve her with a 30 day notice of termination. If she doesn't leave at the end of that 30 day period, you'll need to go to housing court to file a Holdover proceeding against her. It's best to hire a lawyer to help you, but you can also use the court's website here: http://www.nycourts.gov/courts/nyc/housing/roommate_termination.shtml#general Good luck!

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  3. Is my landlord responsible for the up keep of the outside of the house?

    Answered over 1 year ago.

    1. Jayson Lutzky
    2. Jennifer Addonizio Rozen
    3. Elan Wurtzel
    3 lawyer answers

    I agree with Mr. Lutzky that you should call the Department of Buildings to deal with the materials in your driveway. Also consider that some landlords will also allow you to make repairs and/or do the upkeep that they are required to, and then deduct the cost of doing so from your rent. If you do this, be sure to provide a copy of your receipt with your next rent payment and keep a copy of your receipts as well. Good luck!

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  4. CAN A LANDLORD WHO OWNS A PRIVATE HOUSE TELL AN 86 YEAR OLD TO MOVE SO SHE CAN HAVE THE APARTMENT FOR HER DAUGHTER OUT BY JUNE 1

    Answered over 1 year ago.

    1. Jennifer Addonizio Rozen
    2. Richard J. Chertock
    3. Steven Warren Smollens
    4. Vivian Cristina Sobers
    5. ···
    6 lawyer answers

    Unfortunately, unless your mother has a lease which has not yet expired, she's considered a month-to-month tenant and the landlord is only required to provide her with 30 days notice (in writing). Your mother's landlord is not required to give her a reason (although acting on discriminatory or retaliatory motives is illegal). Sometimes, when tenants retain an attorney, they can get some additional time for the tenant to move, but eventually, your mother will have to move.

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  5. In NYC, is an email agreement considered a valid lease extension?

    Answered over 1 year ago.

    1. Jennifer Addonizio Rozen
    2. Sandra A Joseph
    3. Alan James Brinkmeier
    3 lawyer answers

    Your lease governs here. You should take a look at it to determine the manner in which you can renew the lease. Most leases provide that it should be done in writing. An email may not be enough, since it's not signed. The other issue is that it sounds like your landlord did not properly serve a Notice of Termination on you. The governing law here is: RPL § 232-a. Notice to terminate monthly tenancy or tenancy from month to month in the city of New York. No monthly tenant, or tenant from...

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  6. Do I keep ignoring this or should I get a lawyer

    Answered almost 2 years ago.

    1. Craig A. Post
    2. Eric Edward Rothstein
    3. Jennifer Addonizio Rozen
    4. Robert Bruce Kopelson
    5. Nima Ameri Esq.
    5 lawyer answers

    In order to adequately answer your question, a lawyer would need much more information, including, who is the alleged creditor, was the letter prepared by an attorney, and what is the underlying debt? If you haven't already done so, you should write a letter to the creditor disputing that you owe the debt and demanding that they send you verification of the debt (or proof that you owe the debt they are alleging that you do.) Under the FCRA, the creditor must provide you with verification of...

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  7. Commercial tenant signed lease personally, since that time he became an LLC.and is currently 3 mos in default of rent.

    Answered over 1 year ago.

    1. Jennifer Addonizio Rozen
    2. Eric Edward Rothstein
    3. Steven Warren Smollens
    3 lawyer answers

    I'm not sure what you're asking. Are you asking whether your papers requesting a default judgment are defective? It's always better to be overinclusive in legal papers, and you should always name all individuals/entities that are occupying the space. If you want to ensure that you've submitted proper paperwork, you should consult an attorney.

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  8. What am I responsible for?

    Answered 2 months ago.

    1. Jennifer Addonizio Rozen
    2. Peter J Weinman
    2 lawyer answers

    You should have an attorney experienced in landlord/tenant law review your lease. Many standard leases will include a provision by which you'll be held responsible for the remainder of the term of your lease EVEN if you were evicted--the rationale is that you breached your lease, which is why you were evicted. Unfortunately, being evicted doesn't necessarily release you from liability under the lease.

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  9. In New York State does a tenant have to give a 30 day notice to the landlord?

    Answered over 1 year ago.

    1. Jennifer Addonizio Rozen
    2. Steven Warren Smollens
    2 lawyer answers

    Your question is very vague, so additional information would be helpful. However, if your tenant is a month to month tenant, he/she must provide the same amount of notice (one month) as you would have to provide as the landlord. If you had a lease, you should review that for a provision that provides for termination of the month to month tenancy on other terms. Good luck!

    5 lawyers agreed with this answer

  10. Can I sublet stabilized apartment with tenant who has a guarantor

    Answered over 1 year ago.

    1. Jennifer Addonizio Rozen
    2. Jayson Lutzky
    3. Edwin Drantivy
    4. George Costas Andriotis
    4 lawyer answers

    Good afternoon. Under New York State law and RPL 226-b, a landlord cannot unreasonably refuse a request to sublet your apartment. Since you are a rent stabilized tenant, you can sublet for up to two years in any four-year period. Getting your landlord to consent to your sublet request can be a very difficult task. You absolutely must be careful to complete a sublet request form and a proposed sublease. Your subtenant should be able to either pay the rent or have a guarantor. Depending on...

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