Gale Jacqueline Joyce’s Answers

Gale Jacqueline Joyce

Flushing Landlord / Tenant Lawyer.

Contributor Level 4
  1. In renting (private house - 2 family) do you think it's in my best interest to rent to tenants on Section 8 or other programs?

    Answered about 2 years ago.

    1. Sandra A Joseph
    2. Virginia Giselle Alvarez
    3. Gale Jacqueline Joyce
    3 lawyer answers

    As was pointed put, in New York City, it is illegal to reject a tenant because they are receiving Section 8 benefits. My website, theLandlordCenter.com, has several articles on Section 8 Landlord/Tenant issues that you may find helpful. You can also download a free tenant screening kit there.

    1 lawyer agreed with this answer

  2. Notice to cure - eviction - retaliation - rent stabilized lease - NY law

    Answered about 2 years ago.

    1. Gale Jacqueline Joyce
    2. Steven Warren Smollens
    3. Sandra A Joseph
    3 lawyer answers

    The Rent Stabilization Code is very specific concerning the right to sublet. Most importantly, you must obtain written consent from the landlord after submission of your request to sublet. The occupancy statement you filled out has nothing to do with subletting. It is used primarily as evidence in succession cases where family members of rent-stabilized tenants claim independent rights to renewal based on longevity of occupancy with the primary tenant. Illegal subletting, in and of itself,...

    1 lawyer agreed with this answer

  3. Is a landlord allowed to do an automatic lease renewal?

    Answered about 2 years ago.

    1. Gale Jacqueline Joyce
    2. Mona R Conway
    3. Edward F S Deignan
    3 lawyer answers

    Without more information, the answer is, it's possible. If the apartment is rent stabilized and a renewal lease was properly offered, the landlord may deem the lease renewed even if the tenant has refused to sign. This law was passed because rent stabilized tenants regularly refused to sign renewal leases as a way to avoid rent increases. Before the law changed, a landlord's only recourse was to start costly litigation and the only result was the increase they should have had to begin with....

    1 lawyer agreed with this answer

  4. Do I need to notify my landlord that my boyfriend is visiting for 2 1/2 months?

    Answered almost 4 years ago.

    1. Gale Jacqueline Joyce
    1 lawyer answer

    Since your tenancy is month to month, your landlord does not really need a reason to evict you. You are not legally required to notify your landlord of the visit but the nature of your tenancy or how you pay rent is not relevant. The key to avoiding eviction with a month to month tenancy is a good relationship with your landlord. You should evaluate how telling them or not will affect that relationship. Good Luck.

    1 lawyer agreed with this answer

  5. My tenant's lease expired 4/30/12. He remains on a month to month basis. How much notice is fair. Is rent due during this time?

    Answered about 2 years ago.

    1. Richard Batelman
    2. Steven Warren Smollens
    3. Gale Jacqueline Joyce
    3 lawyer answers

    I agree with my colleagues. Certainly, though, you can give 60 days notice in the same way that 30 days notice is given. If your tenant does not vacate within the time specified in the notice, you will have to proceed to court. In court you will have the opportunity to voluntarily enter into an agreement (you don't have to) called a stipulation to give your tenant time to look for another apartment. The stipulation will contain all terms such as whether rent must be paid during the time...

  6. Can a landlord re-issue a lease claiming they've made a mistake? Aren't they responsible for the terms agreed?

    Answered about 2 years ago.

    1. Sandra A Joseph
    2. Steven Warren Smollens
    3. Gale Jacqueline Joyce
    3 lawyer answers

    Your lease will expire on the date provided. If your landlord starts an eviciton proceeding agaisnt you claiming that you don't have a valid lease, your lease should be a defense. However, as Mr. Smollens points out, if you choose this route and you are not rent stabilized, the landlord may opt not to keep you as a tenant when the lease does expire. Generally, landlords are not required to provide leases in buildings that contain less than 6 apartments unless they are rent controlled or...