Olga Someras’s Answers

Olga Someras

Astoria Landlord / Tenant Lawyer.

Contributor Level 13
  1. What to do if you mail rent checks via UPS,Fedex,US Mail and landlord and household members refuse to sign for it .

    Answered about 1 year ago.

    1. Olga Someras
    2. Steven Warren Smollens
    3. James K. Lyder
    4. Adam Lefkowitz
    4 lawyer answers

    If you have proof that you mailed/sent the rent, and they are refusing same, you need only retain such proof, and put money for rent to the side (maybe in escrow?) so that when the landlord commences a lawsuit for nonpayment you have your proof that landlord rejected rent. Have you always mailed in rent this way? How did you pay rent before the landlord started rejecting it? These are all questions that should be discussed with your attorney. Good luck!

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  2. Can My landlord evict me without going to court? Sent me an eviction letter written by his own hand.

    Answered about 1 year ago.

    1. Richard J. Chertock
    2. Olga Someras
    3. Eric Edward Rothstein
    4. Joshua Richmond Lippes
    5. Steven Warren Smollens
    6. ···
    6 lawyer answers

    Your landlord may not engage in self help under any circumstances in a residential tenancy; he must take you to court.

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Future landlords access to landlord/tenant court records

    Answered about 1 year ago.

    1. Olga Someras
    2. Steven Warren Smollens
    3. Jayson Lutzky
    4. Sandra A Joseph
    4 lawyer answers

    I have worked at real estate offices and management companies before, and prior landlord tenant proceedings came up on background reports for potential tenants. Usually, at least from my experience, these reports don't have a full report of what happened in the LT proceeding, just that there was one

    7 lawyers agreed with this answer

  4. Can landlord revoke a concession of free rent at the end of lease because the rent was paid late a few times?.

    Answered about 1 year ago.

    1. Steven Warren Smollens
    2. Peter McGrath
    3. John Morison Allen
    4. Olga Someras
    5. Brandy Ann Peeples
    5 lawyer answers

    While the lease rider is not as clear cut in its language as I would like, I believe a landlord can take the position that "rent is due by the 5th and all rent due must be current" means that if tenant has been late the rent concession may not be given. That said, a tenant can argue (though I don't agree with this position) that there simply cannot be any outstanding rent, regardless of when it was paid, so as to be entitled to the concession. This may be an issue that is ultimately decided by...

    7 lawyers agreed with this answer

  5. Locking out commercial tenant for non-payment of rent.

    Answered about 1 year ago.

    1. Steven Warren Smollens
    2. Olga Someras
    3. Jayson Lutzky
    3 lawyer answers

    Technically speaking, New York allows for self-help eviction in a commercial leasehold, in certain situations and so long as the lease provides for such a remedy, though I would hesitate to advise a client to engage in self-help due to the potential liability that may arise.. However, in this instance, you do not have a written lease. Furthermore, you cannot sue for nonpayment if there is no lease in effect, or if a tenant is month-to-month. You may only commence a holdover proceeding, and then...

    7 lawyers agreed with this answer

  6. Landlord locked us out of building

    Answered about 1 year ago.

    1. Jayson Lutzky
    2. Steven Warren Smollens
    3. Olga Someras
    3 lawyer answers

    Even with a judgment of possession and warrant of eviction, they cannot just change the locks and lock you out without first having a marshal conduct a legal eviction. Furthermore, they must take care of your things, even if a legal eviction is conducted, and give you access to them - if anything is lost or broken then you can have a claim for that as well. Speak to an attorney about the next step for you.

    7 lawyers agreed with this answer

  7. Worried about rent on an illegal apartment.

    Answered about 1 year ago.

    1. Bruno Patrick Bianchi
    2. Peter J Weinman
    3. Olga Someras
    4. Steven Warren Smollens
    5. Jayson Lutzky
    6. ···
    6 lawyer answers

    I agree with what the others have said. If your apartment is illegal, you are not required to pay any rent, but your landlord can still evict you (not for nonpayment of rent, but to cure the illegality of your residing in an illegal apartment). To check if the apartment is legal, you could enter your address on the department of buildings website and check the certificate of occupancy for the building to see if your unit is listed for residential use. However, you really should consult with an...

    7 lawyers agreed with this answer

  8. Is it legal in NYC to rent an apartment and then with the owner's consent sublet all the bedrooms (without living there myself)?

    Answered 4 months ago.

    1. Olga Someras
    2. Elizabeth Shollenberger Esq.
    3. Steven Warren Smollens
    3 lawyer answers

    With respect to non-regulated apartments, so long as you and the landlord agree, then there should be no problem with subletting all the bedrooms. I would just make sure that such consent by owner is in writing. With respect to regulated (which includes both rent controlled and rent stabilized) apartments, it gets much trickier. If you don't live there yourself, and are subletting and getting a profit, and the sublessees find out, they can challenge their rent with DHCR and DHCR might find...

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  9. Is the landlord responsible for repairs in a rent stabilized unit or is this the tenants responsibility per the lease agreement?

    Answered about 1 year ago.

    1. Olga Someras
    2. Steven Warren Smollens
    3. Bruno Patrick Bianchi
    3 lawyer answers

    The landlord is responsible for repairs. If your call to 311 did not yield violations for mold, you could commence an hp proceeding and allege the mold anyway. You can also file a rent reduction complaint with DHCR, as you indicated you are rent stabilized. A landlord is responsible for providing the same services in a rent stabilized apartment year after year, so if the rug is worn and needs replacing, the landlord has to replace it at his cost.

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  10. What steps can I take? My landlord is trying to evict me.

    Answered about 1 year ago.

    1. Olga Someras
    2. Steven Warren Smollens
    3. James K. Lyder
    3 lawyer answers

    He would have to commence a proceeding in order to obtain a warrant of eviction to forcibly evict you. The letter he sent you may be a termination notice, which may be a predicate to commencing such a proceeding against you. However, a lawyer would have to review the notice he sent you, along with the lease and any other relevant documents, to determine your defenses. Good luck.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

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