Newstead Town Court in NY stated there is no statute of limitations in small claims is this true? It happened in 2011. He has sense moved so the park that always owned the property would be responsible for the damage correct?
Dear Akron Resident:
The "park" would never be found responsible for the airborne rock kicked up by your former neighbor's lawn mower, but had you sued for the damage to the RV back when this occurred your lawyer likely would have thrown the park owner into the lawsuit as well just to see if there was money from that party.
You have waited way too long to sue anyone now. If you viewed the attack on your RV as an intentional act, you had one year to sue. If negligent up to three years. Your boyfriend who was not touched by the rock had no claim to a lawsuit.
Statute of Limitations apply in Small Claims Court in New York State, the same as in any other NY Court. See: http://www.nolo.com/legal-encyclopedia/small-claims-court-faq.html#answer-1742653
Good Luck.See question
How do I evict a subtenant in NYC? The master tenant has already moved, but the subtenant in one of the bedroom refused to moved. There's no contract between with us. The master tenant was only a tenant at will as well. What should I do. Please...
Dear NYC Property Owner:
The left-behind roommate of the former month to month tenant may very well bring in friends to share this near vacant apartment while you shepherd this case through Housing Court. So beware this could turn into a siege. You need a lawyer.
I would go for the chance of gaining an initial court date sooner than later. You describe a person who has the legal status of "licensee" as the former tenant provided the opportunity to take possession of the home. The "law" allows a landlord to terminate a license with a properly served written ten day notice to quit. Use the person's true name. If other persons move in during this period your lawyer will certainly add additional respondents as parties to the holdover proceeding.See question
I'm the owner of a small studio that is subleased for one year. My previous tenant requested to extend her move-out date by one day and I agreed. However, her second request to extend it even further by an additional three days was agreed to with...
Dear New York Property Owner:
As an Owner, the occupant is a tenant, and you likely had a lease. The tenant was "instantly" responsible for "Use and Occupancy" simply by extending her stay in the apartment one day longer than the lease, had you not consented to her stay. You then extended this holding over with permission. If you had a written agreement about the keys, the extra three days and the purpose being access, then clearly the tenant breached that agreement, But if you made this deal without a written agreement, you are likely allowed to hold the security for damage made to the apartment during the term of the tenancy, but not for the holding over after the end of the lease,See question
The person I sublet the apartment to, now don't want to leave, she is now dealing with the lease holder, can I get her out?
Dear Bronx former Subtenant:
Ii do not see a path for you to go back to the apartment after you. Breached your sublease agreement and on your own without permission from the tenant put someone els into the apartment. With this background it isn't surprising the tenant now chose your replacement rather than you. Of course the sublease does not seem legal in the first instance since a legal sublease would require the paramount landlord's permission.See question
We have just moved out and the owner decided to keep our deposit for the amount of $2100 and slam us with a bill of $8000. I don't know what to do. I reside in queens new york. He gave me a letter saying that there is many repairs that needed to b...
Dear Elmhurst Tenant:
If you have no idea how the landlord figures $8000 damage beyond the security deposit and your landlord won't share data with you then likely this is a bluff to deter you from suing for the return off your security deposit.
Damage as grand as stated by your former landlord is far more readily recovered by insurance than by lawsuit.
Go see a lawyer and review your video account of the apartment on move-out day. You may then consider a lawyer letter worthwhile.See question
After divorce I left ex husband in marital home. I never removed my name from the lease. He signed for a renewal of lease but without my signature only his. He and landlord has been in court twice regarding late payments due to repairs not being p...
Dear Brooklyn Tenant:
No. The landlord cannot renew your lease without your own genuine signature written on the lease renewal form.
You need to secure a court order vacating the Housing Court judgments at least as applied to you and request a court order directing the Clerk of the Housing Court to remove your name from the data base of cases with tenant appearances. You will need to follow up with every credit and tenant reporting agency to correct the records but only after you succeeded in the Housing Court.
You could on your own try to explain away the reason your divorce judgment did not direct the landlord to remove your name as a tenant of record in the abandoned marital home.
Good Luck.See question
Hi there- so I just moved into my apartment on the 7th of this month. When I signed the lease, no one had mentioned anything to me about issues in the complex or the area. Now that I'm moved in, lots of really creepy and scary things have been ...
Dear New York Tenant:
Unfortunately, your experiences and exposure to a seamier slice of life in the Big Apple, no longer unique nor rare, never convinced the New York legislature to offer tenants the remedy of cancelling a lease when a landlord cannot or will not maintain a secure building where tenants are not exposed to conditions you described.
You risk leaving yourself vulnerable to a breach of lease lawsuit brought by the landlord since NY law in essence allows the landlord the right to keep your apartment empty and the tenant liable for the unpaid rent until a new tenant comes in to pay rent with a new lease. Your management company did not tell you the truth. Proper lighting, security cameras, secured locked doors, a security guard, eviction of drug dealing and drug using tenants are all within the landlord's legal reach. You need an attorney and some time for the lawyer to craft your complaints into a declaration of a constructive eviction before risking moving out.See question
In 2013 (4 years ago) I signed a one year lease with a roommate. It did not work out after a few months and I moved out, getting a notarized letter when I left that they would assume responsibility for the rent payments (unfortunately I lost this ...
Dear Brooklyn Tenant:
You are absolutely correct about making contact with a debt collector by any method not recommended by attorneys who protect consumers from collection. Start here if you wish to go on this alone and read (download) the guide. You will see that in NYC the debt collector must have a local license and must inform of your consumer rights in the first written communication. You will see that a resisting person has a right to demand validation of the debt.
You will win this claim if it ever gets to court. But proof of forgery of your signature by your old co-tenant or by the landlord's agent, is difficult. Do not give up looking for the letter where you announced you were moving out. While that letter may have not had any legal protection for you during the initial lease (whatever agreement you had with your co-tenant could not bind the landlord) at a minimum the landlord would "know" from that letter that you had moved out. If the apartment were rent stabilized--the landlord may have remained bound to offer the renewal lease to you and your original co-tenants. You may need a legal analysis of the facts and evidence to set you on secure ground about the legal effect of letting the landlord know you surrendered your tenancy rights in favor of your co-tenant.
But a forgery is a fraud and the law-breaking party should not benefit from its own fraud.
I am a legal tenant on a lease, I sublet a room to someone, he moved his girlfriend in to the room so I gave him 30 days notice via text and he is refusing to leave he says he is a squatter and if I change the locks on him he will call the police ...
Dear Far Rockaway Tenant:
Your "subtenant" is a Roommate, or another legal occupant of the apartment you chose to share your living accommodations by your exercise of the tenant rights provided to you by Real Property Law Section 235-f. (http://law.justia.com/codes/new-york/2014/rpp/article-7/235-f)
Under the same law, your roommate was entitled to share his rented room. If you did not write a lease, then you are free to end the roommate relation with a properly served written thirty day tenancy termination notice. The NYC Housing Court promotes a Do It Yourself program so tenants like you with a roommate who will not voluntarily move out, may first try the eviction process without a lawyer assistance. See: http://courts.state.ny.us/COURTS/nyc/housing/holdover_roommate.shtml
Your roommate is not a squatter and never was and will not be a squatter even should he stay in the apartment beyond the day set to move out (your termination notice if properly served this month by a process server will if you do write it out correctly end the month to month tenancy on June 30) and that will allow you the right to start the actual eviction case in July.
You should take into account, your roommate likely will no longer pay you to stay in your apartment and that means you'll have two nonpaying adults in your home until they move on their own or until a judge directs them to pay you during the course of the eviction case.
Good Luck.See question
It is a fire hazard, 3 rooms being rented to seperate tenants, and landlord who doesnt even own the home, is also running an illegal business out of this residence. Work vans everywhere, cars everywhere, it is a huge fire hazard, and recently ther...
Dear Hicksville Property Owner:
You could try the Town of Oyster Bay Department of Planning and Development at: http://oysterbaytown.com/departments/planning-and-development/See question