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Robert Todd Rosenblatt

Robert Rosenblatt’s Answers

10 total

  • I am looking to get out of a month-to-month lease. How exactly should i go about it?

    I have no lease, just a verbal 'month-to-month' agreement that has worked fine for the past 1 1/2 years. My landlord also insists i pay in cash, but i have handwritten receipts for all of that. I have paid 2 months security deposit ($1700) that ...

    Robert’s Answer

    As a month to month tenant, you can vacate the premises at the end of any month and have no further legal financial obligations to pay rent after you vacate the premises.

    The right thing to do is to give the landlord 30 days notice that you are vacating the apartment. Once you vacate the premises, you are legally released from any further obligations as a matter of law.

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  • I AM A TENANT IN A BUILDING THAT IS BEING SOLD. I HAVE A 2 YR. LEASE - WILL THE NEW OWNER HAVE TO HONOR THAT LEASE?

    THE BUILDING I LIVE IN, WHICH IS LOCATED IN RIDGEWOOD, NEW YORK, IS BEING SOLD AND I DO NOT WANT TO HAVE TO MOVE QUICKLY OR PAY AN INCREASE WITHOUT SUFFICIENT NOTICE. WILL THE NEW OWNER HONOR MY LEASE WITH THE OLD OWNER?

    Robert’s Answer

    Any new owner of the building buys the premises subject to ALL EXISTING LEASES. The new owner must honor the terms of your lease as a matter of law.

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  • I am a tenant of a rent stabilized building. The landlord begun to harass me and refused to renew the lease.

    There were no repairs done since I moved in, 9 years ago. He has never even registered me as a tenant and for 6 years charged me illegal rent increase without registering either the apartment under my name or the new price. He never offered me a l...

    Robert’s Answer

    Even if the landlord refuses to give you a renewal lease to your rent stabilized apartment, you still have all the protections offered to rent stabilized tenants. The only difference is that the landlord will not be able to obtain a rent increase without offering you a renewal lease.
    However your rights under the rent stabilization code remain the same. You should not worry if you are not offered a renewal lease as it will have no adverse affect on you or your rent stabilized tenancy.

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  • Can the landlord of a rent stabilized building refuse to let me purchase a second electronic key fob for the main entrance?

    I have been told that for "security" reasons, only one fob key would be issued and that I cannot purchase a second key even though they are available for $25 because I didn't lose my first key. I live alone and will be going in and out of town on...

    Robert’s Answer

    if you have a room mate or a co tenant to the premises, you have an absolute right to a 2nd key to the building.

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  • Tenant eviction for a person occupying a rent-stabilized apartment, under the protection of SCRIE.

    I am a 68 yr. old man, living in a rent-stabiled a[t, in a coop building for over 35 years, and I am concerned that the owner of my apt. might want to take possession of my apt., using the provision in the New York law, which allows the owner to s...

    Robert’s Answer

    Regardless of the SCRIE exemption that the landlord receives as a result of your tenancy, you also are a rent stabilized tenant. The landlord can not evict you except if you are violating the terms of your lease or if the landlord wants your apartment for his own use or for the use of his immediate family member. Other than the exceptions stated above, as a rent stabilized tenant, you are there for life and the landlord can not evict you.

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  • Being evicted The eviction is really retalitory. If I can prove that, will the court give me more time?

    My L/L would show up at my door at all different hours to do repairs & be shocked when I was not home. If we scheduled something he would never show up. My landlord has used my electric meter ilegally. Forged my name to government checks & a l...

    Robert’s Answer

    If the Court finds that any eviction case against you was commenced against you in retaliation to your good faith complaints against the repairs, the Court will hold the proceeding to be a retaliatory eviction and the proceeding against you should be dismissed as a matter of law.

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  • My landlord of 4 yrs illegally evicted me. now is suing me in Civil Court for back rent, can i sue for illegal eviction,

    I was only given 7 days to vacate, no court orders were sent to me, and she still has not served me with any housing court or eviction notices, why is she suing in Civil Court and do i have any legal recourse??

    Robert’s Answer

    In the State of New York, the landlord can NEVER use self help to remove you from your apartment. Only a Marshal can remove you and only after the Marshal gets an Order from the Court. It would take a few months for the landlord to go through the legal process to remove you. If the landlord changed your locks within 7 days, this is most certainly an illegal eviction.

    My response would go to Court, get a finding of illegal eviction and then commence an action in Civil Court for treble damages as a result of the illegal eviction.

    In such a situation, I would have brought an Order to Show Cause and had you restored to possession within a few days of the illegal eviction.

    Your legal recourse is very strong but you must take action against your landlord to prove you were illegally evicted and preserve your rights against the landlord.

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  • Are building violations transfereable to the new tenant in NY? if no, is it legal for landlord to place in the lease?

    Are building violations transfereable to the new tenant in NY? if no, is it legal for landlord to place in the lease?

    Robert’s Answer

    In a residential premises the landlord can not transfer the to a new tenant the violations of record and the obligation to correct those violations. Even if the landlord puts in a lease that the tenant is responsible for violations of record, this provision is unenforceable as being contrary to public policy and the law of the State of New York. The landlord is always responsible for repairs in a residential building.

    However, in a commercial premises the lease can assign the obligation to repair directly to the tenant,

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  • What are a tenant's rights against landlord that is not providing heat in NY state

    just wanted to know... can i take any kind of legal action towards a landlord that does not put on the heat in a building by this time of the year.

    Robert’s Answer

    There is one part of the New York City Housing Court that is called the HPD part. In this part, the tenant is suing the landlord to compel repairs. The Court will send an inspector to the tenants apartment. The inspector will place violations on record. The Court will then compel the landlord to sign a consent Order to commence repairs in the time prescribed by statute.

    No heat in an apartment is a class C violation which is most hazardous and as a result the landlord will be given less than one week to cure the violation and provide heat.

    If the landlord does not provide heat as required by law and as required by the consent Order, the tenant can bring the landlord back to Court on an Order to Show Cause seeking
    contempt of the Court's prior Order. The Court than has the discretion of fining the landlord or even putting the landlord in jail if the landlord fails to provide heat as required by law.

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  • Landlord suspected that tenant is having drug activity and proved that tenant is using drugs what landlord can do about this?

    landlord source saying tenant is having drug activity and drug user.can landlord call the police

    Robert’s Answer

    When you believe that there illegal drug activity in New York State, you can contact the District Attorney. If the District Attorney makes an arrest based upon drug use or drug sale, you can commence a Drug Holdover in Housing Court. A drug Holdover takes an expedited route and you can get a Trial much quicker, the warrant of eviction will issue much quicker and as a result you will evict the tenant much quicker.

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