My tenant was not paying pet fee while others were, when evicted can I charge pet fee from the last month deposit and security
Dear Lockport Property Owner:
If the 'pet fee' is due together with the regular monthly rent as an item of added rent and you did not claim the added rent as unpaid in the nonpayment eviction case, then the lease may bar you from asserting entitlement to self-pay from the tenant security deposit if the nonpayment case results in an eviction. You are always entitled to collect the 'last month deposit.'See question
My previous tenants owned a few thousand dollar of rent and looted the place when you moved out, there was another a few thousand dollar of repairing cost. What is the best way to pursue the debt from these people?
Dear Fresh Meadows Property Owner:
"Pursue" is the right idea; since securing the judgment for the money owed to you is the first big hurdle in the lawsuit after you win the claim.
For lawsuits involving money only for amounts over $5000 and up to $25,000 you will sue the former tenants in the Civil Court of the City of New York. Start reading about the process at:
BTW: Insurance should have paid for the damage caused by the looting of the house. If you sued for rent in Housing Court and secured a judgment for rent, then you already have a money judgment you may begin to engage collection methods.See question
I live in part of the building without any cooking gas since 04/05/2017. I spoke with National Grid and they informed me that the're nothing that they can do to assist with the gas being restored to my building since the landlord still hasn't app...
Dear Rego Park Tenant:
The NYC Department of Buildings issued a Work Permit on April 24, 2017 for the landlord to do the necessary work to allow for restoration of gas service in the building.
If you are a rent stabilized tenant you may seek an order reducing the rent.See question
Never own a rent always pay every 5th of the month for the last 16 years. Now for the last couple Month I have been paying late sometimes I pay on the 15th sometimes on the 25th due to my temporary job. Still I never own I rent. Does the landlo...
Dear Bronx Tenant:
A landlord is allowed the power to "demand" rent on the day after the rent due date when the rent is not paid. An "oral" demand is good enough to set a foundation for a nonpayment lawsuit in Housing Court. The landlord may say pay the rent you owe me or other words to express a demand for unpaid and owed rent.
Many landlords will rely upon a written rent demand to satisfy the requirement to "demand" rent before starting a lawsuit. But the "law" gives the landlord a choice of verbal and written. As long as your landlord keeps demanding rent from you he hasn't given up hoping that you're going to pay without a lawsuit.See question
I was looking for answers and stumbled upon an earlier question on this website. I was shocked at the ignorant and generally misinformed responses I read from supposed lawyers. Please do your research before jumping to assumptions. Here are some r...
Dear Buffalo Driver:
The Senate Bill, S 289, never emerged from committee, and never was voted upon. The purpose of the bill, to amend the Vehicle and Traffic Law (to add a new section 1102-a) to legislate Governor Pataki's temporary barrier to use of unmarked police cars) did not become and is not law. See the statute at: http://codes.findlaw.com/ny/vehicle-and-traffic-law/vat-sect-1102.html
The New York State Police state on the Internet:
"Q. I heard that New York State Police can not use unmarked vehicles to stop a motorist for routine traffic enforcement. Is this true?
No, this is not true.
For several years, the State Police eliminated unmarked patrol vehicles from its fleet. However, with the growing threat of distracted driving to traffic safety, the State Police has reintroduced unmarked vehicles for traffic enforcement. "
My reasons for this order to show cause are this: There was a hearing in April of this year, of which I knew nothing about, or I most certainly would have appeared. But because I was never notified. I believe I am not at fault for failing to appea...
Dear Manhattan Tenant:
I gather you are the "tenant's tenant", and did not make your own appearance in a summary proceeding by the landlord against the tenant, and the tenant made a deal, that somehow impacts you, but you did not know this occurred. Is that what's going on here?
As pointed out by Mr. Treiman, if you are intent in securing a hearing, you must use precise terms to identify who you are, your relationship to the apartment, your relationship to the landlord, why a stipulation made by the tenant required your approval and so on.See question
The owner of the single home that I rent had given me permission to do a yard sale twice a year and she even participates of the sale by selling articles belonging to her. A few days ago, her son send me a letter prohibiting the sale and treatning...
Dear New Windsor Tenant:
If the "son" of the landlord is not a landlord named in your lease, the son has no standing to use a landlord and tenant proceeding to have a judge decide if your lease was ended early (properly) and that you should be evicted. Only your landlord has authority to start a landlord and tenant lawsuit.
"Eviction" is a remedy in a proper form of lawsuit granted by a judge. A landlord can never do an "eviction" on her own.
You should know that your landlord doesn't have to renew your lease when the current lease expires and should she succumb to her son's urging about your tenancy, this desire to have a yard sale could become a big deal when the lease is over. On the other hand if your landlord does not care one bit what her son says, why do you?See question
Landowner's son uses his parent's 50 acres to plant conifer trees for sale to the public each winter. The son has no financial agreement with his parents. They just let him use that land freely to plant trees as he desires, but they receive no sha...
Dear Property Owner:
I empathize with you, and by my count this is the third version of your question.
All answering attorneys, all likely quite distant from your home and the neighboring Christmas Tree farm, opined that the son doesn't have a legal claim against you and his parents, but that won't prevent a lawsuit since he wants money for those trees.
Why not consult with a local lawyer since you will need a nearby lawyer if you are sued?
You never mentioned the reason you decided to fence your land on the boundary line after all these years.See question
I want to show the Court form which date I act as a pro-se litigant. Can I include an email from my attorney that he will no longer represent me?
Dear Manhattan Litigant:
The email from your lawyer to you stating he quit being your lawyer is proof of a breach of New York Civil Practice by your attorney. In fact, that email is evidence that this lawyer is still your attorney since the lawyer requires permission from the judge to be relieved as your attorney and cannot simply quit acting as your lawyer.See question
A single mother and her child signed a lease to an apartment in Queens, NY. I have been informed by the downstairs tenant that she has three children upstairs with her and they are causing quite the disturbance. She also lied on her application sa...
Dear Queens Property Owner:
A landlord does not ordinarily make a child a tenant along with a parent when commencing a tenancy by written lease. If the child is a minor, you may encounter an issue naming a minor in a Housing Court lawsuit. Technically, you may not be able to enforce the tenant obligations of the lease against the child--but you will charge the tenancy--mother and child with lease breaches--and demand a cure. That issue alone should take you to a lawyer.
In case of a breach of lease claim due to nuisance and objectionable conduct, the landlord's proof of the claims of the lease default often are only proved with the trial testimony of the complaining neighbor. You need to know if you go to court with a tenancy termination case that your quiet tenants are fully involved with you in the lawsuit. Otherwise, you may not prevail on a nuisance claim.
The tenant has income from some source. You could make a case about her lying to secure a tenancy--but you cannot make that case against the child who signed the lease. You also cannot make a case based on the tenant having two other children, presumably her own in the apartment, since the lease (by operation of law) allows the tenant to share the apartment with her immediate family. If the three children are related (mother and children), you cannot claim the tenant lied about her household composition when making the lease with you.
You may always sue for nonpayment of rent. In fact, that course may be the simplest and surest path to getting the tenant into court. As long as your house is legal and the building registered properly with the City, seeking an eviction, based on nonpayment of rent makes sense.
Otherwise, wait for the lease to expire if your tenant resumes paying rent on time.See question