Steven Warren Smollens’s Answers

Steven Warren Smollens

New York Landlord / Tenant Lawyer.

Contributor Level 20
  1. Is an illegal sublet agreement enforceable in court?

    Answered almost 2 years ago.

    1. Steven Warren Smollens
    2. Ilya Novofastovsky
    3. Sean Thomas Wright
    4. Celia R Reed
    5. Effimia Soter
    6. ···
    6 lawyer answers

    Dear New York Subtenant: And what makes your sublease illegal? A court determination? If you and the tenant have a written agreement that conveyed to you the exclusive possession of the tenant's leased premises, for a defined and specific term, for an agreed rent, and you took possession of the apartment and paid the rent, then as between you and the tenant you have a lease. If on the other hand, the tenant also lives in the apartment, then you do not have a sublease. You may be a...

    11 lawyers agreed with this answer

  2. After the Marshall evicts my tenant, how long do I have to safeguard his possessions? The Marshall's office won't tell me.

    Answered almost 2 years ago.

    1. Steven Warren Smollens
    2. Bruno Patrick Bianchi
    3. Jayson Lutzky
    3 lawyer answers

    Dear Brooklyn Landlord: You should know by now that you may pay for a full eviction and that means the city Marshal supervises the removal of the tenant's personal property from the apartment, by a licensed and bonded NYC insured warehouse mover. Do this and you do not have to fret about the what to do with the tenant's possessions. You need your marshal to conduct an "eviction" and not just a "legal possession." See: http://www.nyc.gov/html/doi/html/marshals/mar4.shtml#6s "***...

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  3. Am I obligated to pay the remaining rent in my sublease agreement?

    Answered almost 2 years ago.

    1. Steven Warren Smollens
    2. Bruno Patrick Bianchi
    3. Alan James Brinkmeier
    4. Cheryl Rivera Smith
    4 lawyer answers

    Dear New York "Subtenant": You were never a subtenant, since you shared living space with the prime tenant. You were a roommate, and your parents should not ever have signed a "guarantee" agreement on a roommate rental that was dubbed a sublease. The guarantee makes your parents liable, if the prime tenant decides to sue for "damages." But that is still a remote event, so you should try to quiet this down with an attorney who may just help make this all go away with a letter to the prime...

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  4. Can I sue my commercial landlord for the loss of my business?

    Answered almost 2 years ago.

    1. Steven Warren Smollens
    2. Scott Benjamin Riddle
    3. Marco Caviglia
    3 lawyer answers

    Dear Warwick commercial tenant: An attorney (preferably the lawyer you engaged to negotiate the terms of the lease) must review the lease, the town board requirements, and the permits the landlord sought for ingress and egress from the parking lot. The town highway department must approve the plan. If a traffic signal is required that often requires NYS DOT approval. If your parcel is on a state route the delay may involve securing permission from the State. See an attorney....

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  5. What should I do about tenants using drugs and getting into domestic disputes around their 3 year old daughter?

    Answered over 2 years ago.

    1. Steven Warren Smollens
    2. Lawrence Allen Weinreich
    3. Mark Alan Mackin
    3 lawyer answers

    Dear I am afraid for my safety if I did so: You may be right about being afraid, and they will think of you no matter who turns them in. Your father has a responsibility to you, and to the adjoining property owners, to keep his property in a safe and sanitary condition and to prevent a nuisance from occurring on his property. The accumulation of garbage over the yard and the drug use, are bad behaviors that may have an affect on your father's property. The town may issue violations...

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  6. Can a landlord raise your rent out of the blue?

    Answered over 1 year ago.

    1. Steven Warren Smollens
    2. Jayson Lutzky
    3. Eric Edward Rothstein
    3 lawyer answers

    Dear Brooklyn Tenant: The landlord is not raising the rent out of the blue, the rent is being raised because you live in a market rent apartment and your rent once the lease expired is up to the agreement you and your landlord make on a monthly basis (even rent stabilized tenants experience rent increases on each renewal lease, but the rate of rent increase is regulated by a quasi-government board.) If you want to assure that the landlord does not raise the rent every month, you may...

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  7. What are my legal rights?

    Answered over 2 years ago.

    1. Steven Warren Smollens
    2. Edward F S Deignan
    3. Robert A. Stumpf
    3 lawyer answers

    Dear they want to evict me: A landlord in New York City forfeits the right to enforce the "no pet" clause in the standard form of lease, when the landlord does not start the actual court case within the first three month period following the landlord's knowledge of the harboring of the dog. The knowledge of the building employees is imputed to the landlord. As a pet owner in NYC you should have made yourself familiar with your right to keep your pet, notwithstanding the lease. Read...

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  8. What rights do you have as a tenant to allow someone to move in with you?

    Answered almost 2 years ago.

    1. Steven Warren Smollens
    2. Sean Thomas Wright
    3. Richard J. Chertock
    4. Effimia Soter
    4 lawyer answers

    Dear New York Tenant: A residential tenant in New York State (and in New York City) is allowed one roommate (along with the roommate's dependents) in addition to the tenant's immediate family. The landlord is not allowed to restrict the right to a roommate and the law forbids the landlord from interference with the right to have a roommate. A tenant may seek a court order to sanction a landlord for interference with the right to the roommate. A roommate does not have tenancy rights or...

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  9. How do I evict someone who moved-in without my permission? I never thought this was even possible. Does he have right to stay?

    Answered almost 2 years ago.

    1. Steven Warren Smollens
    2. Daniel DeMaria
    3. Andrew Endicott Schrafel
    4. Cheryl Rivera Smith
    4 lawyer answers

    Dear Brooklyn Landlord: You would have saved a load of trouble for yourself had you simply used the common route to evict a tenant not paying rent. The eviction would have removed the tenant who you know and who owed rent and would not defend the case and at the same time, the unknown to you by name left behind boyfriend. Now you face a cumbersome summary holdover proceeding that must begin with service of a notice to quit on the boyfriend. You can not do this alone. The chance that a DIY...

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  10. Am I required to paint a Life Tenant's dwelling?

    Answered about 2 years ago.

    1. Steven Warren Smollens
    2. Vincent J. Gallo
    3. Jack Richard Lebowitz
    4. Peter J Weinman
    5. Judy A. Goldstein
    5 lawyer answers

    Dear In need to know if I need an attorney? You need an attorney. You should have some documentation for the creation of the life tenancy in a condominium and those documents should state the terms of the life tenancy. In any case it is not likely that the life tenant is "stabilized" unless the tenant was a stabilized tenant in occupancy in the building and chose not to purchase the unit when offered the chance to do so in a non-eviction conversion offering plan. If that is the history...

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