Archived
Hi my tenant wants to move in on the 15 also to pay rent evry 15 how is required in ny by law someone told me ill have problems
Dov's answer
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Answered on June 04, 2016
Yes, absolutely pro-rate the rent so that you have a first day of the month to last day of the month tenancy. This automatically makes it very...
Archived
I am facing eviction. How do I fight against an ex parte order cplr 5704b?
Dov's answer
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Answered on June 03, 2016
As a practical matter, at this point, the jig is up. Follow Mr. Smollens' advice and get your most important possessions to more secure space as...
Archived
How do I get owner to grant access to my movers to the basement to retrieve my furniture, etc. To move back to my apt?
Dov's answer
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Answered on June 01, 2016
Frankly, you need a lawyer handling this one. This requires an Order to Show Cause, but not a routine one. The Order to Show Cause has to direct...
Archived
Can landlord attorney change the address on a petition after I submitted order to show cause?
Dov's answer
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Answered on June 01, 2016
You cannot submit an order to show cause at the appellate court. It does not have the jurisdiction to entertain it. As to the change of the...
Archived
What do I do as a tenant if I receive a notice of foreclosure?.
Dov's answer
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Answered on June 01, 2016
Until a receiver is appointed or the property is sold in foreclosure, your landlord can evict you.
The neighbor that lives below me is harassing me and telling lies to my apartment complex about me and my visitors.
Dov's answer
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Answered on June 01, 2016
As I have previously indicated, from all practical points of view, there is nothing you can do.
Archived
Has my landlord broken the lease
Dov's answer
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Answered on June 01, 2016
This is not a breach of quiet enjoyment, one of the most misunderstood terms in all of landlord tenant law. The right of quiet enjoyment has...
Can my landlord cut off my hot water supply?
Dov's answer
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Answered on June 01, 2016
Such a cut off is illegal. If there are four or more units in the building where you live, you should immediately file a harassment complaint in...
Archived
At what point does an x roommate letting themselves in after 30 days become criminal and not civil?
Dov's answer
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Answered on June 01, 2016
If she's never really left, you can't exclude her without a court proceeding. But, that said, she also owes you rent for all of that period. That...
Archived
Do I owe back rent if a court judgment is against my former roommate but not me?
Dov's answer
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Answered on June 01, 2016
Such collection agencies are a very common scam. They read the name off the original case. The judgment is what determines if the judgment is...
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