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Walter Sage Jennings
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Walter Jennings’s Answers

67 total


  • Is there a time-limit on how long you can write a rental lease agreement for? I failed to write a termination date in 2012

    Is the contract void with no termination date? How do I proceed from here? I want to sell the house and need to know the status of the contract.

    Walter’s Answer

    It depends on the specifics in the lease itself, and would really need to be reviewed for the language that is included. But, if there is no date then it could be argued it is a month to month and termination is available at any point.

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  • Can a senior citizen break his rent controlled lease in New York City?

    I am asking this question for a señor citizen who lives in Brooklyn and who lives in a rent-controlled apartment in Brooklyn. He wants to know if there would be any penalties if he tried to get out of the lease.

    Walter’s Answer

    If he is rent-controlled he should not have a lease. If he is rent stabilized, it depends on the situation. If he is moving to senior housing he has a right to break his lease. If not, he probably can work something out with his landlord. If not, consult an attorney who will help him negotiate out of the lease.

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  • Landlord not cashing payments for rent

    My landlord haven't been cashing my rent payments for the last 2 months. I guess he is trying to build an eviction case against me. He will not respond if I send a letter Unfortunately, as I pay with money orders and even having the receipt and...

    Walter’s Answer

    There is some important information necessary in order to answer, like do you have a lease? In general, to make sure You should make sure you have all your receipts for rent that you have attempted to pay your landlord. Also document all communications with the Landlord . You might want to speak with an attorney to see if they can reach out to the landlord and have more success.

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  • How to deal with landlord who locked me out?

    I rent a basement apartment in NYC which I suspect may be illegal. I am behind on my rent and my apartment flooded. The landlord said that he needed access to fix the leak so I moved out and am staying with a friend temporarily and gave him keys ...

    Walter’s Answer

    You should talk to an attorney. It most likely is an illegal lock-out. You may petition the court to restore your possession of the premises.

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  • Can i change a stipulation?

    Went through a non payment proceeding, counter claimed for warrant of habitability. Non payment converted to holdover proceeding through th stipulation, with 3 months to move out and LL awarded possession. Know I am in the dilemma of not being ab...

    Walter’s Answer

    You can go back to the Court with an order to show cause to ask the Judge for more time to find another apartment. You will have to show the judge what attempts you have made to find a new apartment. If you are having trouble you can meet with an Attorney to help you through the process.

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  • Landlord raising my rent 25%

    I have a one bedroom apartment in Brooklyn New York . And been here for ~8 years . Our lease expired and now our landlord raised my rent 25%. Is this legal ? What the maximum rent can go up?

    Walter’s Answer

    There needs to be a bit more information and the specific of your lease. It depends on if your apartment is rent-stabilized. I would advise discussing it with an attorney

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  • Landlord reduced rent a few years ago. Addendum he sent also shortened lease so I wouldn't sign. Is shorter term enforceable?

    I signed a commercial lease a few years ago. A year after signing, landlord agreed to rent reduction due to bad economy. When he later sent addendum detailing reduced rent we'd agreed to by email this addendum also included shortening lease but I ...

    Walter’s Answer

    It would be necessary to review what you signed and what you didn't sign and your over lease. Thee might be provisions in your over lease that indicates just because the landlord took a lesser rent, he might not be bound by it. I would suggest that you have both your original lease and the addendum and communications regarding such reviewed by a landlord/tenant attorney to make sure you understand your rights.

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  • Landlord Tenant Law in Manhattan question

    I currently reside in off campus housing, essentially an apartment building owned by the private University I attended. I did a 12 month Master program and have been renting a studio from the University. I am now being asked to leave as my year ...

    Walter’s Answer

    • Selected as best answer

    It would appear that you have limited options regarding your continued occupancy at the premises. If the apartment is in fact owned by the university, generally speaking they have a provision in the lease that you lease will not be renewed when you become affiliated. You may be able to extend your time either through negotiation or court proceeding . I would suggest you speak with a landlord tenant attorney.

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  • If I have a 2 family house, one unit for rental and one unit is my primary residence, can i use the 1031 and the 121 rule?

    I am currently living on the 1st floor of my 2 family house. The 2nd floor is vacant for over five years (rental unit). If i sell my property to exchange of another, Can I use the 1031 rule on the rental unit if i haven't rent out the second floor...

    Walter’s Answer

    Generally you can use the 1031 exchange for like properties, however you really need to sit with a lawyer and an accountant to discuss the specifics. Partially because the taxes may not be that high on your basis.

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  • I'm currently renting a room and a studio room in a house for $900 a month $700 for the room $200 for the studio now my landlord

    now my landlord tells me that they lost there job and due to that my studio rent is going up by $500 dollars or i have to vacate before the end of june so my question is one is that legal for the landlord to do and 2 what are my rights and also we...

    Walter’s Answer

    It really depends on what your verbal contract contained, but no, generally speaking your landlord in not allowed to just raise your rent. I would advise that you contact an attorney to discuss the specifics of your situation.

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