I have been in my apartment since November of 2013. Not long after we moved it we realized that there is not heat in the apartment. since them we still do not have any heat. In 2015 we were taken to court by them for non payment because we withhel...
Dear Brooklyn Tenant:
Since you resolved the nonpayment case, you must return back to the judge to undo the portion of the agreement where you agreed to pay rent since the landlord did not live up to the promise to provide heat and make the other repairs. If you stop paying rent on your own and simply start an HP Proceeding you take real risk you and your children will be evicted.
Some part of your statement troubles me deeply. No New York City landlord can get by without providing heat as long as your landlord without an arrest and a conviction for violating the NYC Administrative Code. The piled up records of years of reports of no heat should have long ago sufficed for HPD Litigation to bring its own enforcement lawsuit and HP Proceeding as well as take over the building and deliver a portable boiler for making heat and hot water.See question
I entered into a lease last year for this current year. When I moved in the apartment in August I found out from the maintenance/leasing person (not the landlord, just a local) that the leasing agency no longer exists and most of his properties we...
Dear Homer New York Teacher:
See a nearby lawyer. A lease is a contract. If you and the landlord signed the lease and you took possession of the leased premises, that is enough to make the lease valid in New York. Since you say you have the lease, but the lease does not express an agreed rent, and the lease was not signed by the landlord, your tenancy may be month to month. No New York tenant may be compelled to pay rent by cash. A tenant is always allowed to use a personal check to pay rent. So you may not even have a lease you have to get out from. If your lease is not valid (that is the reason to let a lawyer look at the unsigned document that does not state a rent amount) then a month to month tenant gets out by doing nothing more than giving One Month notice. You want out by the end of this coming February? Send a one month tenancy cancellation notice to the landlord who is 250 miles away. But move out before March 1. Otherwise you would owe rent for March. As for rent you may owe but do not know about since you haven't agreed on a price, be aware that Rent unpaid pursuant remains subject to collection at a later time and is subject to a six-year statute of limitations.See question
I live in rent stabilize apartment and every day I'm being harassed and forced to leave. Really scared and don't know what else to do. After so many negotiation I was told yesterday don't like it just leave. I'm being blamed and shamed.
Dear New York Tenant:
You did not take the time to present any facts to help an answering attorney generate a useful answer. Harass is a conclusion and by itself does not suggest the actual wrongful acts committed by the landlord that violate your right to permanent housing as a rent stabilized tenant. You could not complete a Harassment Statement only by claiming your landlord harasses you.See question
My wife moved out of our apt. and got her own apt. I am handicapped and need help now and then. The lease I have now says no over night guest. My wife stays here at night in case I fall and can't get up, but the RVC Housing Authority says she is ...
Dear Rockville Centre Housing Authority Tenant:
Generally, a married couple are considered as one person as far a the definition of tenant goes in most leases in New York. Try to see a local attorney who may assist you.
Moreover, a state law prevents a landlord from limiting the persons who may occupy an apartment with a tenant:
"***3. Any lease or rental agreement for residential premises entered into by one tenant shall be construed to permit occupancy by the tenant, immediate family of the tenant, one additional occupant, and dependent children of the occupant provided that the tenant or the tenant's spouse occupies the premises as his primary residence.***" - See more at: http://codes.findlaw.com/ny/real-property-law/rpp-sect-235-f.html#sthash.zSEigHIq.dpufSee question
hello so I started living with a friend in her 3bedrooom apartment with my daughter for 2years and im not on her lease she wont add me but ive her rent their for 2 whole years now shes getting evicted due to none payment of rent and she wont fight...
Dear NYCHA Occupant:
In order to claim any entitlement to any apartment at NYCHA when you lived in another tenant's apartment you require written permission from the project manager for the apartment you live in now. Then if you and your children are endangered by homelessness you may qualify for emergency housing. Even were you a legal authorized occupant of the apartment NYCHA rules may not allow for a succession; but you surely should go on and read those rules and judge for yourself if your situation meets any of the tests for making a successor tenant claim.See question
For the past year I was living in a 3 bedroom in Brooklyn NY. The two people I was living with were on the lease, and needed a third roommate. I didn't sign the lease and did't sign any sort of sublet agreement. 3 months into living with these peo...
Dear Brooklyn Roommate:
If you were not "disputing" paying your rent to the tenants, even though they had a beef with the landlord, you may have a defense against a new claim from them for the rent they returned to you and the rent they told you not to pay. But not if you stay in the apartment. I agree you should get out while you still have a chance and before the tenants change their minds about you now helping them out with money they may owe the landlord.See question
Living in my rent stabilized apt for 23 years. Always felt sick in apt. Ventilation system wasn't working for 22 years. Took my landlord to court. Instead of fixing roof fan he put exhsust fan in my vent. Mold in ducts never cleaned. Ct scan sho...
Dear Jamaica Tenant:
I will suggest you visit a lawyer and discuss this complex personal injury lawsuit because you likely have legal claims well beyond "negligence." If your lawyer and physician are able to connect your lung injury to persistent permanent exposure for the duration of your tenancy to living within a toxic environment and an illness driven by damage caused by a sick-building syndrome, you will likely earn a significant financial judgment.
For the duration of your tenancy, your landlord breached the statutory Warranty of Habitability. A statute of limitations allows your recovery of damages for rent paid only looking back six years. The longer the delay in launching the lawsuit the more of the past rent ages beyond the six-year barrier and so out of reach of a lawsuit.
Sixty three open violations may in fact be sufficient to establish per se negligence. Get to a lawyer.See question
I love with my mother and sisters. I rented an apartment two years ago but still mostly lived at home still. In the spring time I started living at my mother's house full-time and even began paying monthly rent. August 31st I was admitted to the h...
Dear New York Tenant:
New York State housing law applies to any situation where any person for thirty days or more lived in some housing accommodation, whether that accommodation is no more than a single room, an apartment, an entire house, and even an illegal dwelling, and even should the person not have a lease or rental agreement, and lives rent free. No one in New York, even a squatter, is allowed to be locked out (change the locks) and even a squatter is entitled to a formal housing court eviction lawsuit to determine competing rights of possession. The information about Tenant Rights is free to seek out by Internet, and here two links: https://ag.ny.gov/sites/default/files/pdfs/publications/Tenants_Rights.pdf
In sum, your mother will need a formal court eviction proceeding to remove you and your children from her home. If your mother does perpetrate a lock out, she becomes a criminal in the eyes of the law. If she doesn't know she needs to use a court case, because of your personal differences, she may over-reach and do an illegal act.
If she is smart enough and wealthy enough to hire a lawyer to evict you and your children, she will pay a price; since the law is exacting and the procedure is tough. But if she does go through with it, then that is less money she will have on hand for her own needs, and your sisters.
But since you paid rent, your mother and her lawyer will need to start with a properly served written thirty day tenancy termination notice. That will start the clock running on the count down before she has the right to go to court and have a judge decide you and your children should be evicted.See question
I am looking to rent a one bedroom apartment in a private house. But her rules are strict that say I cannot have anyone stay over more than 3 nights, -and if I have someone visit me from a different country no more than 5 nights. Also that I hav...
Dear Brooklyn Tenant:
If you know in advance you will not accept the landlord's proposed terms for your verbal rental agreement then save yourself the trouble and look for another apartment.
In NYC if the tenancy runs month to month the landlord has power to end the tenancy at any time without giving a reason to do so with nothing more than a properly served written thirty day notice.See question
My landlords way of calculating late fees on my rent, is my dispute, and I am on disability
Dear Yonkers Tenant:
Where is the dispute? In Court? If not, then the matter could clear up quickly since the lease must provide the method for adding late fees to rent. What does the lease say?See question