Steven Warren Smollens’s Answers

Steven Warren Smollens

New York Landlord / Tenant Lawyer.

Contributor Level 20
  1. Co-op Transfer of Title

    Answered over 1 year ago.

    1. Steven Warren Smollens
    2. Celia R Reed
    3. Anthony Paul Scali
    4. James P. Frederick
    4 lawyer answers

    Dear Bayshore Executor: The Proprietary Lease controls the transfer of shares and assignment of lease. The shares of stock in the apartment corporation is personal property of the Estate, but the Estate cannot directly succeed to the proprietary lease and the right to occupy the apartment. Your attorney must review the lease. The proprietary lease cannot be separated from the shares in the corporation, but the cooperative does is not necessarily bound to accept the owner of shares as a...

    10 lawyers agreed with this answer

  2. Can we withhold part of rent over broken washer and dryer?

    Answered over 1 year ago.

    1. Steven Warren Smollens
    2. Jayson Lutzky
    3. Brandy Ann Peeples
    3 lawyer answers

    Dear Saratoga Springs Tenant: While your lease contains (whether stated or not) the New York State Warranty of Habitability[(New York Real Property Law Section 235-b) http://law.onecle.com/new-york/real-property/RPP0235-B_235-B.html], the broken washer and dryer, do not affect habitability to the degree required to invoke the Warranty of Habitability as a defense to nonpayment of rent. While the loss of the washer and dryer surely have an impact on your use and enjoyment of the house,...

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  3. The administrator of a NYC Coop Apt. Estate worth $150K-$250K has had a heart attack ...

    Answered 12 months ago.

    1. Steven Warren Smollens
    2. John P Corrigan
    3. Peter J Weinman
    3 lawyer answers

    Dear New York Heir: Really. Any person with a right to the swift administration of the decedent's estate may have gone to court for an order to discharge the administrator and to appoint a new administrator. That action could be taken today as well as twenty years ago. Did any one consult an attorney at any time? So do so now.

    9 lawyers agreed with this answer

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  4. I won my case in court against my landlord. For him havin an illegal basement apartment and him attaching gas lines to my meter

    Answered over 1 year ago.

    1. Steven Warren Smollens
    2. Sean Thomas Wright
    2 lawyer answers

    Dear Brooklyn Tenant: Bring a copy of the Court file and the judge's order to an attorney to review. Your attorney will provide legal advice in a confidential setting. You asked many good questions, but you should not have left court without answers. First, it is not likely the landlord would ever gain approval to make a legal apartment in the basement, so at best you are looking to moving out at the end of August. The court did not really give you any more than the law currently...

    9 lawyers agreed with this answer

  5. I have a lawyer but I wanted to ask you something my tenant was served with a thirty day notice but didnt pay the months rent

    Answered over 1 year ago.

    1. Steven Warren Smollens
    2. Eric Edward Rothstein
    3. Jayson Lutzky
    4. Shawn B Alexander
    5. Rixon Charles Rafter III
    5 lawyer answers

    Dear Brooklyn Landlord: Your question is not fair to you, your attorney, your relationship with your attorney and attorneys at AVVO who may read or choose to respond. When a person has an attorney, there is not ordinarily a reason to go online and request help. Your attorney must be your first line of inquiry, otherwise you signal that you do not trust the attorney's counsel or legal acumen. And moreover, even had you decided not to waste your attorney's time to learn the next step,...

    9 lawyers agreed with this answer

  6. Due to the below circumstances can i legally show a room for rent prior to roommate moving with advance notice.

    Answered over 1 year ago.

    1. Steven Warren Smollens
    2. Sean Thomas Wright
    2 lawyer answers

    Dear New York Tenant: Your roommate is already armed with an attorney who reviewed your agreement, the notice you posted on the door, your three day rent demand and your thirty day notice of termination of tenancy, and advised your roommate to resist. You would do well to see an attorney for your own interests now and have your attorney review your paperwork. A general proposition in New York Tenant and Landlord law suggests that a landlord who issues at the same time a rent demand and a...

    9 lawyers agreed with this answer

  7. I had a commercial tenant, who did not pay any rent for 2 years and finally i evicted her and got my key for the store back.

    Answered over 1 year ago.

    1. Steven Warren Smollens
    2. Susan Pernick
    3. Eileen M. Burger Esq.
    3 lawyer answers

    Dear New York Commercial Landlord: Did you have an attorney? If so, then please ask your attorney to follow up for you. if you gained an eviction of the tenant by the successful prosecution of a nonpayment proceeding then you should have a money judgment for the unpaid rent, that was entered along with your final judgment for possession. It is the failure of the tenant to pay the money judgment that allows for the expiration of the stay of the issuance of the warrant of eviction and for...

    9 lawyers agreed with this answer

  8. Can you legally lock out a person you own a house with,tenants in common and sue them for mortgage payments.

    Answered over 1 year ago.

    1. Steven Warren Smollens
    2. Eric Edward Rothstein
    3. Jack Richard Lebowitz
    4. Peter J Weinman
    5. Jayson Lutzky
    5 lawyer answers

    Dear Queens Village Owner: You cannot legally lock anyone out anywhere in New York State. In New York City locking out (that is a self-help eviction ) is a crime. If the tenants in common do not want to be in the house anymore they can move out, so there is no reason to lock them out. If you have issues with Tenants in Common and you want to end your business with them, you do so with an action for partition. It is a lawsuit commenced in New York State Supreme Court. The subject is...

    9 lawyers agreed with this answer

  9. What is the quickest way to get my roommate out of my apt?

    Answered over 1 year ago.

    1. Steven Warren Smollens
    2. Michael C. Wild
    3. Eric Edward Rothstein
    4. Jayson Lutzky
    5. Brandy Ann Peeples
    5 lawyer answers

    Dear New York Tenant: New York does not provide a quick way to do an eviction proceeding, so if you rely upon "easiest" then you may follow the procedure provided at the New York City Housing Court at: http://courts.state.ny.us/COURTS/nyc/housing/holdover_roommate.shtml The essential problem with the summary proceeding is that mistakes made along the way of preparing documents and in serving papers, may result in the court dismissing an otherwise good lawsuit, on a technical ground...

    9 lawyers agreed with this answer

  10. Evicting an abusive son...

    Answered over 1 year ago.

    1. Lawrence A Friedman
    2. Steven Warren Smollens
    3. James P. Frederick
    4. Joseph Franklin Pippen Jr.
    4 lawyer answers

    Dear Home Owner: Evicting a person from your house, whether it is an abusive son, a kind and gentle son, a boarder, or a guest, whether you are elderly or not, is all the same. Hire an attorney to prepare the proper form of legal notice required in your situation to terminate the son's right to continue to occupy the house, and when he does not move, after the time provided in the notice to quit or notice to terminate, commence the proper summary holdover proceeding. If you fear your...

    9 lawyers agreed with this answer