James George Dibbini’s Answers

James George Dibbini

Yonkers Landlord / Tenant Lawyer.

Contributor Level 10
  1. I am a landlord. My tenant has vacated and there are a number charges I plan to make against their security...

    Answered about 1 year ago.

    1. James George Dibbini
    2. Eric Edward Rothstein
    3. Jayson Lutzky
    3 lawyer answers

    Depending on what your existing lease says, you should be able to offset the damages with the security. Secondly, if the tenant broke the lease you should be able to hold the tenant liable for the lost rent as result of their breach of the lease. You should attempt to re-rent the premises (called mitigation of damages), but if you are not able to rent or not able to rent for the same amount during the original lease term, you can seek damages against the tenant.

    5 lawyers agreed with this answer

  2. Is it legal for a landlord to refuse to give mailbox key to a renter?

    Answered almost 4 years ago.

    1. James George Dibbini
    2. Pamela Koslyn
    2 lawyer answers

    Contact the local building department and see if they can help. You may also want to speak with the post office and advise them of the problem and see if they can help. Finally send the landlord a written letter advising the landlord to provide a key within 10 days. The above should be considered informational only and not legal advise .

    Selected as best answer

  3. Can I break my lease on my apartment if the land lord refuses to fix the security gate in the back of the building that unit?

    Answered about 1 year ago.

    1. Thuong-Tri Nguyen
    2. Shawn B Alexander
    3. James George Dibbini
    3 lawyer answers

    You need to take a close look at your lease and see what the obligations of the landlord are and what are the notice provisions that each party must give regarding lease issues. All apartments must be habitable, but the gate may be safety issue that should be addressed by the landlord. You should give proper notice to the landlord pursuant to lease terms and see if the landlord "cures" the issue. If not the landlord may be in breach of the lease which would provide you certain remedies that...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. How much time do i have /what legal details can landlord use to evict me. I owe rent and live in an illegal room he wantsmeout

    Answered almost 4 years ago.

    1. James George Dibbini
    1 lawyer answer

    The remaining time you have depends on what stage you are with the legal proceeding. You must first be served a notice to pay rent or notice to vacate followed by a notice of petition and petition ordering you to appear in court. Depending on what happens in court you should be given a period of time to vacate (if the apartment is illegal). If you have not vacate by the time allowed by the court, you file an order to show cause to obtain additional time. Depending on the circumstances, the...

    1 person marked this answer as helpful

  5. Is bed bug a good reason to request an order to show cause to stop an eviction order.

    Answered almost 4 years ago.

    1. James George Dibbini
    1 lawyer answer

    There are two types of landlord tenant proceedings; nonpayment and holdover proceedings. If the proceeding is a nonpayment proceeding, sure, the items you listed are considered repairs and should be included as a bases for filing an order to show cause especially if the repairs were raised in earlier court appearances. Please note this information is provided as information only and should not be considered legal advise.

    1 person marked this answer as helpful

  6. What if a tennant changes his mind after giving 1st months rent and 1 month security

    Answered almost 4 years ago.

    1. Gerry M. Wendrovsky
    2. James George Dibbini
    2 lawyer answers

    Depending on what the lease says, it sounds like the tenant may be in breach of the lease and can be held liable.

  7. Security Deposit

    Answered almost 4 years ago.

    1. James George Dibbini
    1 lawyer answer

    Unless you signed a waiver of some sort, it sounds like you may be able to go after the remaining security deposit.

  8. Tenants upset about portion of sec dep withheld for failure to pay last month's rent

    Answered almost 4 years ago.

    1. Robert L Fiedler
    2. James George Dibbini
    2 lawyer answers

    Your lease must be carefully reviewed before rendering a meaningful response. However charging for late fees at the end of the lease, I think may be a problem if you did not provide the tenant with statements over the course of the tenancy indicating the accumulation of late fee charges. Regarding the interest, since each state's laws vary on interest on security deposits, you should consult with a Ct. attorney to see if interest is required for your rental and if you are allowed to deduct a...

  9. Is there a case?

    Answered almost 4 years ago.

    1. James George Dibbini
    2. William C. Mack
    3. Kerry G. Patton
    3 lawyer answers

    It depends on what the understanding was between the landlord and the tenant and what the lease says regarding the demised premises. You should consult with an attorney before taking any action adverse to the lease. Our office represents landlords and tenants throught the Bronx, NYC and Westchester County and we would be happy to set up a meeting to discuss this matter further. Please note the above should be considered for information purposes only and not legal advise.

  10. Can I evict a section 8 tenant for habitual lateness on there portion of the rent

    Answered almost 4 years ago.

    1. James George Dibbini
    1 lawyer answer

    This is a common problem with Section 8 tenants. The tenant's portion of the rent is usually small compared to the total rent and many times landlords tolerate the tenant's late or nonpayment. I suggest you carefully review the Section 8 lease and understand the tenant default provisions. You may be able to terminate the tenancy based on chronic nonpayment of rent. This proceeding usually requires at least three nonpayment judgments in approximately one year. Call or email me for more...