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Olga Someras
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Olga Someras’s Answers

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  • I have a warrent to ivicted a tennant. Tha tennant has a person living in the apartment illegally.

    At the time of the iviction is everybody ivicted.

    Olga’s Answer

    If the warrant names the tenant along with john doe/jane doe, then normally the marshal should evict any unknown persons.

    However, if you know the identities of the people living there, then you have to name them in the proceeding, and cannot resort to "john doe"/"jane doe" designations in the petition.

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  • My tenant has violated her lease by letting her son stay with her, he is an adult. smokes . Lease up in sept.

    She has broken 2 newer doors dogs bark constantly and swears they wear bark collars . I told her we won't renew lease. If she doesn't leave can we just go in and change locks

    Olga’s Answer

    You cannot just change the locks. Once her lease is expired, commence an end of lease holdover proceeding against her (assuming she is not rent regulated and entitled to a renewal lease).

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  • Can you sue a relative for kicking you out of their house?

    If i lived with my grandmother for years and she kicked out as she was selling the house, can i sue her for kicking me out and throwing my possessions out?

    Olga’s Answer

    You cannot be forcibly evicted without a court order. You may go to housing court and take out an order to show cause for the illegal lockout. However, time is not your friend - the longer you wait, the more likely you have waited too long. Speak with a clerk in the housing court to be pointed in the right direction.

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  • A Petition was filed and now the tenant I am trying to evict says there are 'electrical problems. They are now on month-to-mont

    and don't want to pay the additional rent increase. So, now I need to Amended to show that due to physical disability need to move within my own house to their unit downstairs. I have to bck on Mon. 6/2 but want to make sure they get the EVICTION...

    Olga’s Answer

    • Selected as best answer

    If they are a month-to-month tenant, perhaps you can just commence a holdover proceeding to evict them - this would be the easiest type of case. If you even can maintain a nonpayment proceeding against them, it sounds like they will raise a breach of warranty of habitability defense to offset the rent owed, which they would have to prove at trial.

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  • I want to sue a former roommate for back rent. What type of attorney should I seek for assistance?

    I want to know how much I can go after and what court to file in.

    Olga’s Answer

    You would want to hire a civil litigation attorney to handle this for you.

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  • Eviction notice was served to me 6 months after I had moved out of the apartment. It was a very informal arrangement is it valid

    I was served an eviction notice in my name that was forwarded to my current out of NY state address saying I was to be evicted soon. I haven't lived there for 6 months and had a roommate who took over the apartment. The landlord never had me sign ...

    Olga’s Answer

    It is unclear what kind of notice you received: was it a rent demand? a notice of eviction from the marshal? Without knowing at what stage of the litigation any potential action brought by the landlord against you is, it is hard to answer you question was to what you can do.

    If you have been named in a lawsuit, you would want to try and get yourself removed as a defendant as you don't want to show up on a tenant blacklist. Contact the landlord, and if that doesn't work, hire an attorney.

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  • Trying to sell our business and our landlord has killed three deals...

    the terms of the lease state that we must find a" qualified buyer", which we have done. The buyer is actually more qualified than us, and at the 11th hour they are calling buyer telling her by to buy. We believe the ulterior motive is to get us ...

    Olga’s Answer

    More information is needed to adequately answer this question. In order to determine whether your landlord acted in a manner justified under the lease by rejecting potential buyers, you would have to consult with an attorney who would review each rejection as well as your lease with you and tell you his legal opinion as it pertains to your situation.

    Good luck.

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  • IF YOUR FAMILY MEMBER MOVE IN WITH YOU CAN YOU ADD THEM TO YOUR LEASE IN NYCHA APARTMENT

    MY FAMILY MEMBER HAS MOVE IN WITH ME IN MY NYCHA APARTMENT SO I DID THE RIGHT THING I LET MANAGEMENT KNEW THAT MY FAMILY MEMBER WAS LIVING WITH ME THE MANAGEMENT GAVE ME THE PAPER WORK TO FILL OUT FOR MY FAMILY MEMBER TO GET ON MY LEASE PERMANENTL...

    Olga’s Answer

    Well, you have done everything that you are supposed to do. I would ask what your concern is that they are added to the lease? I'm assuming their income is calculated on the annual recertification, or at the very least they are considered an occupant for purposes of family size, so the landlord has documented that this person is there. Is there a specific reason you want this person added on the lease?

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  • Should I file a holdover or nonpayment after the lease got expired and no month-to-month rent paid since the lease got expired?

    The lease with my tenant got expired on April 2014. My tenant has NOT returned my calls since April and doesn't seem to live there: I was told she comes back time to time. I spoke to her longtime friend and room-mate who's been living in my proper...

    Olga’s Answer

    Under these circumstances, I would strongly argue against commencing a nonpayment proceeding as there is no lease in place. It is best to serve a thirty-day notice and after expiration of that notice commence a holdover proceeding.

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  • I have a yrs lease with my landlord I have already paid last mnths rent and now being harassed by neighbors can I break lease

    my husband and I have signed a years lease on dec. 1,2013. We paid last months rent early as the lease said it was due nov.1 2014 along with nov rent which was not due able. Now we are being harassed by neighbors and discovered that one of the bed...

    Olga’s Answer

    You already asked this question/ I believe this is a duplicate post. Here is the link:
    http://www.avvo.com/legal-answers/i-have-a-yrs-lease-with-my-landlord-i-have-already-1732293.html

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