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Edward Paul Alper

Edward Alper’s Answers

8 total

  • Being held hostage by tenant. I renting a home in that my tenant says was damaged by Hurricane Sandy.

    He first said he wanted to cancel his lease. Which I agreed to. A few days he changed his mind. He treatened to have me locked up and take me to court & live in the house for 6 months free unless I met all his demands. In good faith I have done ...

    Edward’s Answer

    Perhaps I may be of some assistance.
    There are a number of issues here, but fundamentally, if the house is still habitable, he should be paying you rent. If there's a written lease between you and the tenant, that probably addresses who is responsible for rent payment, in the event that an intervening cause such as Hurricane Sandy reduces the habitability of the house. Please call 212-350-9576 to discuss.

    - Edward Alper, Esq.

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  • Rented Cert of Occ residential apt. Was defective. Landlord non-responsive. Harassed tenant who earned multiple dismissals.

    1. Landlord next filed in "commercial" court. 2. Tenant prose provided certified residential Certificate of Occupancy and improper service to judge who ignored both and "maintained juristiction" personally, though clearly, commercial court is not ...

    Edward’s Answer

    It sounds like you have a good basis to move to reargue, or else appeal to the Appellate Term. You will need to vacate the judgment against you before beginning a suit against the landlord for fraud, because the landlord will try to use the favorable judgment that he got against you as a defense. Please call me at (212) 359-9576 or email ealper@alperlawfirm.com

    - Edward Alper
    http://alperlawfirm.com/

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  • Can my roommate be absolved our lease with our landlord without my consent? Can I sue him for back-rent if I cover his share?

    My roommate and I are co-lessees to an apartment lease that runs through August 2013. He moved out, without notice, the day before November rent was due and is refusing to pay. Although he moved out, he bought and installed a new lock to his room,...

    Edward’s Answer

    He is still liable on the lease, especially if he has locked his room and barred your use of it.
    Please call me at 212-359-9576.

    Edward Alper
    The Law Offices of Edward Alper
    469 Seventh Avenue, SUite 205
    New York, NY 10018
    (212) 359-9576.

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  • 3-day notice false information. Have a court day in a few days. Please help.

    I received a 3-day notice where they claim that they gave it to me personally. They don't actually state my name as they claim that I refused to give my real name. A description is given instead - which does not exactly match me. The reality is...

    Edward’s Answer

    Your own observations state some good defenses to the court case.
    Please call me office at 212-359-9576 to set up an appointment.

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  • Should i present in court if the summoned is not in my name but has my property address in it?

    The landlord whom owns the house next to mine received a summoned to show up in court due to heater and water heater for a tenant. That tenant is my tenant, but instead of me receiving the summon they send the summon to him.. Should i show up in c...

    Edward’s Answer

    Appear in court, but defend against the Summons by informing the court that you were never served with it, that in fact, the landlord next door was served instead. By the way, review the affidavit of service that should be on file, to confirm that the landlord next door was the only person served, and that there is no allegation that you were served as well (they could claim they served you, irrespective of whether you actually received the Summons).

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  • Can I withhold rent due to bad living conditions caused by other tenants? What is the best way to handle this?

    I moved into the house I live in last July. I have been cursed at by the lower tenants and had my water tank turned all the way down for parking in the shared driveway. Now, we have rats. The landlord has set traps all around the house and sealed ...

    Edward’s Answer

    You could withhold rent due to another tenant's inappropriate conduct which has caused you diminished use and enjoyment of your rented space. This is especially, if the other tenant's conduct has caused a health or safety hazard. Before doing so, check your lease to see whether there is language prohibiting the withholding of rent - however, since you are a residential tenant, such language may not be enforceable, since it would be against public policy.

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  • Can a landlord require a tenant to put in carpetting in the apartment at their own cost?

    We have wooden floors and a toddler living in the house who runs around a lot. The landlord has received a complaint from tenants downstairs that there is a lot of noise in our apartment. He is asking us to carpt 80% of teh apartment within 10 day...

    Edward’s Answer

    The answer is that often in New York, a lease may specifically require carpeting. You need to review carefully the terms of your lease, and if it is a requirement, then you need to install the carpeting.

    If the lease is silent on the issue of carpeting, then the issue is one of reasonableness. Is the noise that is being made so disturbing so as to create a real annoyance to other tenants? That determination would be made on a case by case basis. If there are tape recordings of the noise, and/or object measurements of its loudness, you may be found to be violating your lease and then be subject to eviction, unless you "cure" the lease violation by installing carpeting to dampen the noise..

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  • Who is responsible to pay for bed bug infestation?

    Am I responsible or is my land lord? This is in NYC?

    Edward’s Answer

    In general, the landlord would be required to pay for bedbug infestation. However, if the landlord could prove that the tenant caused the bedbug infestation to occur, the landlord might be able to recoup the cost of eradicating the infestation from the tenant.

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