his intention not to renew the lease can the landlord himself serve this 'non-renewal notice and notice to vacate' upon the tenant or must it be served by a non-party to the action over 18 years of age? I know all lawyers on this site recommend th...
Dear Elmira Property Owner:
The "notice" that you will not renew the lease is likely subject to the "Bills and Notices" clause of the lease, and so, likely allows you to mail the notice on your own, as any other "office" correspondence, in the manner allowed by the lease. As you described the non-renewal notice" the paper is not a "predicate" notice required by a statute and so not subject to state "service" of process statutes. In New York State, a lease for a set term ends on the last day of the stated term. The tenant ordinarily knows to move out or risk becoming a holdover tenant and sued in court in a summary proceeding. You graciously imposed on yourself an additional burden to inform the tenant the lease ends and to move out at the end of the lease. Informing the tenant to recognize the lease will in fact end on the set expiration date is not service of a "predicate notice."See question
In our rules and regulations it states that any illegal activities is grounds for immediate eviction. So can we evict her with a three day or do we have to do a 30 day
Dear Davenport Home Owner:
You likely had a lawyer prepare the lease. Most courts would not side with you that an arrest on a felony charge of animal abuse is sufficient "illegal activity" to allow for an early cancellation of the lease since a charge of a crime is not evidence or proof of illegal activity. Allow a local lawyer to look over the lease and help you decide what to do.See question
I own a house in New York state and found a roommate on craigslist. He was on a month to month lease. We had a verbal agreement that we'd give each other 30 days notice prior to moving or eviction. It came a point where our arrangement wasn't work...
Dear Scotia Home Owner:
Since you own the house, your "roommate" was as a matter of law, a tenant. Since you chose to live by unwritten additional of your landlord and tenant relation, the "law" would presume the "security deposit" is the personal property of the former tenant, and may be consumed only to restore damage caused by the tenant beyond ordinary wear and tear. State law also imposes a need for a tenant to provide one month head's up notice to the landlord to "end" the month to month tenancy, so there was no reason to agree verbally for a thirty day notice. You may have acted to terminate the month to month tenancy by your June 24th notice (unclear whether you could prove you gave the notice or not) but in doing so, you surely made it clear to your tenant he had to move. And he did so. He was not under compulsion of State law or your verbal agreement to deliver a counter-notice to you since you chose to end the relation. You could not hold him hostage to staying in possession for July and August.See question
I have had my apartment in Brooklyn, NY for over 15 years (rent controlled). I had my best friend live with me, who later had a stroke, and needed care. Her daughter came to live with us. I gradually started staying with my daughter to give them s...
Dear Brooklyn Tenant:
I suggest you consult with a tenant rights attorney. You may have forfeited your Rent Stabilized (not rent controlled) rights by relocating your primary residence to your daughter's home, and allowing a subtenant to reside alone in your apartment without advanced permission from your landlord. Your "tenant" may have found out she may have a legal claim to swipe the apartment away from you based on the doctrine of "Illusory Tenancy."See question
My mother in NJ is moving and has quit paying her mortgage, essentially living mortgage free, only paying utilities. She is abandoning the home. She has offered me to squat in that home rent free and have the utilities in my name until the authori...
Dear New York Resident:
Your status in New York State would be that of a tenant at will; not a "squatter" since your mother, the owner, granted permission to you to live in the home rent free. The foreclosure lawsuit may take years to conclude. Your mother may have defenses and a way to keep her home. Consult an attorney in New Jersey.See question
I received a 3 day pay or quit on the 21st for the balance of 845. They took a partial payment on the 25th of 650. Today i received a petition for eviction. I did not receive a new 3 day for the new amount owed. Is this legal? I have a receipt for...
Dear Ballston Spa Tenant:
Thank you for modifying your question. Answer the petition. Claim partial payment. Claim no rent demand. If the landlord sued for the entire amount of the rent demand that presents a defense. If the landlord sued for the $195 balance the judge may keep the case alive.See question
I did not receive a new 3 day with the proper amount
Dear Ballston Spa Tenant:
Are you certain you received an "eviction notice" or is the paper a Notice of Petition and Petition? If so, in order to avoid entry of a judgment against you, follow the instructions provided in the notice of petition and answer the petition and make sure not to miss your court date. A tenant may successfully defend this lawsuit based on a claim the tenant paid the rent as demanded by the landlord in the written rent demand.
If you have an eviction notice from the Sheriff or another police office, go to court to stop the eviction because your landlord did not serve a notice of petition and petition.See question
I own a business on commercial land. We went to trial and the landlord proved that he owned one of the lots that I Occupied but could not prove that my address was part of that lot. He introduced no evidence that any of his lots contained my add...
Dear Maspeth Tenant:
The decision of the trial judge will answer the question. If you believed that the petitioner landlord did not establish a prima facie case you may have sought a judgment dismissing the petition upon the close of the landlord's case. If you did so, and the judge denied the application and required that you present a defense, that may be an indication that the landlord will succeed in the decision after trial.See question
Municipal public housing
Dear Utica Tenant:
How is the unpaid rent related to the holdover proceeding? A holdover is a special proceeding brought by a landlord for possession, not for unpaid rent.See question
I have a landlord who is being unfair in the space the other tenant gets to use. We have been here longer then they are.
Dear Glen Cove Tenant:
In what manner is your landlord unfair in another tenant's premises?See question