Can we serve 5 day quit without being a valid lease or is that why we are serving it, because there isn't? What grounds we have

Without some kind of contract, there is no such thing as a five day notice to quit in New York.

At a notice of petition non payment hearing, can a judge also rule in favor of landlord to garnish wages?

It's not actually the judge that awards a wage garnishment. If you have a money judgment entered against you, then the wage garnishment is...

Do I have to pay rent increase if I am leaving in 6 months? The apt is illegal ?

You don't have to pay rent, but if your landlord sues you, you will be blacklisted. It is best that you move sooner rather than later. With the...

What are my chances that I can get an order to stay if I have I disabled child living in house hold

Having a disabled child does not exempt you from paying rent. You should contact Code Enforcement to force your apartment to be fixed.

Does my room mate have the authority to evict me?

Your landlord can't evict you, but your roommate who is the only one on the lease can. You definitely want to reestablish peace.

My landlord changed her reason for eviction?

You can only use what she said before if she wins. She always has the burden of proof in these cases. You should make a motion to dismiss, but...

Whats their right's when it comes to this situation?

As far as the mice and other repair issues, they should call Code Enforcement. Anybody who is not on the lease has no particular rights to be...

Can I break the lease if he's the one with the section 8?

The landlord is entitled to insist that all of the terms of the tenancy continue going forward. But, you can certainly negotiate things.

Notice of petition non payment. Does judge automatically award money judgementt if balance not in dispute?

Financial hardship is not a defense. However, there could be, for example, something wrong in how the papers were served that could lead to a money...

Yes, there are such lawyers and yes, there can be such a restraint. I am not being coy. I'm not one of the lawyers who will take such a case on a...