I'm currently looking for a new rental apartment in NYC. All of the places I'm interested in is asking for a reference letter from my current Landlord. I have been requesting this letter by e-mail since before Easter, but only now did I receive th...
Dear New York Tenant:
New York State does not have a stand-alone statute that compels a good tenant and reference letter from a landlord for the benefit of a departing or former tenant. That means, in New York, where tenants are presumed as sophisticated as landlords when it comes down to the components of a lease, a tenant should negotiate for this at the lease drafting process, and make this term a break point if the landlord won't commit in writing to do so.See question
I am the property manager for a large commercial building that leases space to businesses. Is there a way for us to charge back to our tenants the percentage that is charged to us by the merchant company? If not, our next step is to stop taking t...
Dear Buffalo Property Manager:
For existing leases where tenants are allowed use of a credit card to pay rent management cannot alter the allowed amenity and cannot tack on fees for use of the allowed amenity that are not already provided in the lease.
The closest New York statute that applies to rent payments by methods other than cash and check is Real Property Law section 235-g: http://codes.findlaw.com/ny/real-property-law/rpp-sect-235-g.html
"1. A landlord shall not require a lessee or tenant to use an electronic billing and/or payment system as the only method for the payment of rent. A landlord shall not assess any fee or other charge for a lessee or tenant that chooses not to use an electronic billing and/or payment system.
2. Any agreement by a lessee or tenant of a dwelling waiving or modifying his or her rights as set forth in this section shall be void as contrary to public policy."
That statute while not expressly encompassing a landlord that allows credit card payment (as part of a lease) suggests that a tenant who takes advantage of that allowed method to pay rent should not pay a surcharge that is not already in the lease.
You may do so with new leases and new tenancies. Since you note this is "killing you" perhaps you may consider investing some sit down time with an attorney who may review your leases and online instructions for paying by credit card.See question
My daughter's boyfriend moved out. My other daughter moved in. While I was on vacation , the boyfriend moved back in. I want him
Dear Mastic Beach Home Owner:
If the unwanted occupant is in the house less than thirty days the local police may help you. If not you will need a court proceeding. Your efforts will be futile since as soon as you turn your back again your daughter will let him back in.See question
I'm 3 month behind on rent and was served a 72 hour eviction notice from my landlord.
Dear Staten iisland Tenant:
It iss a common mistake but a 72 Hour eviction notice comes from a NYC Marshal. This occurs only after the entire court process is over and the court granted the landlord a final judgment.
If the eviction notice is the first paper you have in hand in this nonpayment lawsuit that means you missed receiving a rent demand a Notice of Petition and Petition and the special postcards sent to tenants from the Housing Court when the tenant did not respond to a filed eviction case.
Tonight look up NYC housing court vacate default judgment. Your landlord may still have interest in your money but with the imminent eviction hanging over your head you may consider seeking an order to show cause to vacate the default judgment based on the fact you didn't know the case existed.
Good Luck.See question
I have been living in a rent stabilized building now for over 20 years. Section 8 Also Helps pay for a certain portion of my rent and I pay the rest. I am 70 years old. My landlord is now trying to take me to court for not paying the major capital...
Dear Ozone Park Tenant:
A proper MCI rent increase is a component of the legal rent for the apartment. Eventually, under current state law, the incremental MCI is made part and parcel of the base rent for purpose of rent increases on lease renewal forms. If you are age 70 and receiving section 8 did you FREEZE your rent with a Senior Citizen Rent Increase Exemption? If not, the law says you pay the rent if legal. And, a landlord is allowed to make demand upon a tenant who pays or offers to pay less than the legal rent.
Read the Guide to Freeze your rent at: http://www1.nyc.gov/assets/finance/downloads/pdf/brochures/scriedriebrochure.pdf
Read the information here about the rights of senior citizens:
Good Luck.See question
Ever since mid July of 2016, there have been many instances of trespassing and property damage. I phoned his landlord in Aug and Sept and he advised me to get cameras. Then in Jan of this year, I had the police over and they also advised to get ...
Dear Astoria Property Owner:
There is no jail for a civil lawsuit. A civil court may issue injunctions, and money judgments. You face police attention only if the police have probable cause to view the aiming of your security camera into your neighbor's privacy-fenced back yard as an unlawful surveillance.
I do not understand the reason for looking into the neighbor's backyard for proof of trespassers in your yard. Aiming the camera into the backyard of the property you rent would capture video image of a trespasser without need to look over the fence into the neighbor's expected zone of privacy.See question
I live in a rent stabilized 3 apartment building. The building was supposedly registered with DHCR back in 2006. On the registration document the landlord put that the apartment was registered with a new stove and refrigerator and a bell and buzze...
Dear Ozone Park Tenant:
You may file for a rent reduction due to failure to maintain a base-date service. You may also turn up information how a three-unit building became subject to rent stabilization since usually six apartments are the minimum for imposing rent stabilization upon a residential building.See question
I'm a tenant renting an apartment in a condominium building which is managed by a management company. The lease remains between me and the landlord who owns the apartment. For the last couple of years, I have been paying the lease renewal fee paya...
Dear New York Tenant:
A "better" response will require you to show the lease to a lawyer. In the housing market that lies beyond the intensive state and city rent regulation laws, landlords and property managers come up with all manner of charges and fees to maximize income received from a rental tenant. Government does not pass on this extra tacked on or hidden fee when a tenant rents a dwelling in a free market setting,See question
Landlord painted sitting room and left all his supplies in room taking up the entire space of the room for more than 2 weeks. Asked him to remove his belongings. He responded by moving supplies to empty bedroom. Then left me a voicemail telling me...
Dear Albany Tenant:
Unless the lease you and the landlord made for the rental of the home allowed the landlord to maintain dominion and control over a selected at this whim portion of the rented space, your landlord broke the lease and committed a wrongful act of an actual partial eviction in kicking you out from a bedroom contained within the rented dwelling.
This wrongful act allows you to abandon the lease property, sued the landlord for an illegal eviction, declare the lease as void, and so on. But the wrong act of the landlord does not allow you the right to touch the landlord's property. But a lawyer could surely help you do this without turning your righteous claims against the landlord against you.See question
Home is in Town of Babylon, Suffolk Co NY When I bought the house was told that legal 2 means that we don't require a rental permit...the house and all of the houses in the neighborhood were built as legal 2s. I just received a notice of the to...
Dear Babylon Home Owner:
In addition to the excellent first answer look at these pages:
You may consider just letting your tenant go now without any more contact since the required rental permit assures a tenant that a rented home is legal and safe as a residence and because you did not secure a rental permit your tenant was denied that important benefit of the law.See question