William Chuang's Answers

Pressing charges against landlord?

I don't have the specific facts of your case available and I am not your attorney so I can only give you general facts. New York State law is pretty unfriendly towards tenants with regard to security deposits. There is no limitation on how long the deposit may be kept—only that it be a reasonable amount of time. However, the landlord is required to keep the security deposit in a separate escrow account, and has to tell you where the money is kept. If the landlord gives you the run around, just...

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I want to sue my landlord?

You really should contact a lawyer to investigate a lawsuit against your landlord for the mold and the resulting hazardous conditions. I hope your son recovers.

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Can Landlord automoatically renew my lease if I never resigned?

If the original lease contained no automatic-renewal provisions, in New York state, you entered into a month-to-month lease once you overstayed. Send a certified letter, return receipt requested, to your landlord clarifying this fact.

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Is it a law in NY State that a landlord can hold a security deposit for 45 days after I have moved out??

You should consult with a qualified lawyer in your jurisdiction who has had a chance to review your files. Generally, New York state law says that the security deposit has to be returned within a reasonable time after you move out. This can be from 30-90 days. If the landlord makes any deductions, she has to provide you with an accounting of those deductions. When you move out, take photos of your entire apartment. If you have a video camera, you should consider videotaping the whole...

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Can a tenant withhold rent and use the money for legitimate repairs in the apt. and does the landlord need to be notified?

If you are truly concerned, you should hire a qualified lawyer in your jurisdiction who has access to all of your evidence. Generally, it is not a good idea to withhold rent for repairs because the landlord might sue for non-payment. In fact, withholding rent is considered a very serious step to take, and should only be done when the problem being rectified is very severe and your landlord refused to fix the problem despite ample notice. If you plan on withholding rent, you should consult an...

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Can I evict co-owner from property for residing in property and not paying living cost as well as emotional abuse b4 a partition

I don't have the specific facts of your case in front of me, so I can only provide some general rules. You cannot evict a co-owner from the property because your property rights are the same. If you believe that he is threatening you in any manner, you should contact the police and file for a restraining order. Absent that, you cannot remove another co-owner from the property.

What are my rights since my lease is clearly being violated

I am not your lawyer, and I do not have all the facts of your case in front of me. Therefore, I cannot give you any legal advice. Nothing I write here should be construed as such. The landlord probably would like to accommodate you but there appears to be no basis for him to evict the tenant above you. However, you may be able to sue the other tenant for creating a private nuisance. Obviously, it might be difficult to win such a case because the other tenant has a three-year old toddler, who...

Landlord tenant dispute, tenant's rights under NY landlord tenant act

I am not your attorney, and I do not have your file in front of me, so I can't give you legal advice. I'm sorry that you're in such a tough situation. There is a program in New York called the "one shot deal" for emergency assistance. If you have a chance of getting caught up on your payments if the amount in arrears was settled, the city might give you money to pay your back rent. However, the program takes a while to get into, and it is selective. There is a chance that at the end of the...

Even though I have not made any payments on this property it is legally under my name, can I keep the home for myself?

This is a very odd situation. I am not your attorney and I don't have the facts of the case, so I can't give you legal advice. I can opine that if you kept the house, you might be liable for gift taxes if there were no consideration for the exchange. You should definitely consider the tax consequences. There may also be the issue of deceit. If you keep the house, the donor might decide to accuse you (even without basis) that you scammed him out of the house. You definitely should hire a...

Legality of lease made after foreclosure proceedings have begun

I don't have all the facts of your case in front of me, and I am not your lawyer, so please don't take what I'm going to write as legal advice. A landlord is not allowed to convey what she does not hold. Clearly, if I am not the owner of a house, I cannot rent it out. If the house was put into receivership, and the court stripped the landlord of the authority to issue leases, as you say, then it is likely that she cannot sue to enforce the lease because she did not have the right to enter...