the mother and son have lived together in this apt in NYC with a rent controlled lease since the 1980's. Should the new lease be in her name or his?
Dear Manhattan Tenant:
I gather the tenant of record was the mother and she recently passed away. Upon her passing her personal and real property interests passed over by operation of law to her Estate. The personal representative of the decedent estate should engage an attorney to deal with the future of this Rent Stabilized (not Rent Controlled) tenancy and assure a smooth transfer to the disabled son of the deceased tenant. But to answer the direct question: This is not automatic and someone has to work to see that this happens.See question
I lend a friend 650 dollars, and later on another 300 dollars. Since I did not have any need for it at the moment I did not push for the individual to pay me back. Now that I want it back the individual refuses to pay me back. She has agreed in ce...
Dear Mamaroneck Lender:
This happens all the time when private persons become lenders of last resort and do not document the loan as would a bank or a business and the borrower decides the loan was a gift and will not pay back on demand. Promissory notes or simple IOU documents memorialize the money transferred as a loan due to pay back on demand. It is the old fashion law of lender/borrower, creditor/debtor. You don't need to know the body of law to start a lawsuit to recover the money owed to you in Small Claims Court. You need some measure of competent evidence to prove the claim to win, and then after a win you don't have the money back unless you are able to collect from a bank account or wages.See question
HP ordered discovery of evidence I also need to defend the alleged holdover, due to common questions of fact. Is consolidation to the HP possible, or would the HP lack jurisdiction? .
Dear Manhattan Tenant:
It is not usual. Holdover proceedings take the path to a Trial Part via the new case intake Resolution Part transfer of a trial ready case to the Expeditor Part. The HP Part is not on the "wheel" of trial assignments from the "X" Part. An HP case originates in the HP Part and only the HP Judge decides on the date for a trial. All Housing Court judges are equal in their jurisdiction.
You won't know if possible in your case without making the motion and arguing for consolidation and joint trial.See question
I'm on a week to week rental I've been here for 7 months. my landlord gave the property to her son. he came and did walk throughs now 2 weeks later he served me papers to vacate the premises within a week due to wanting renovate the apt. I have 2 ...
Dear Ballston Spa Tenant:
Explain your belief your tenancy is week to week. Your "landlord" may lease the property to her son, or deed the property to her son, but she cannot "give" the property to her son. Why do you believe the son is the owner of the property or your landlord now?
What does the vacate paper say? What day of the week do you pay rent? What day of the week did the son write down for your vacate date?
The owner or landlord cannot just decide to renovate an apartment in Ballston Spa. The Town must approve an alteration application. See: http://townofballstonny.org/buildingDep/add_altPermit120208.pdf
If your tenancy truly runs week to week you had to know one day would be the day of reckoning and the owner could demand that you leave. In a true week to week tenancy the owner is not obliged to provide a reason, such as wanting to renovate the apartment.
How many other apartments in the house? Is the house used as a rooming house? Or a hotel? There may be county or town rules that impact the building. See a local lawyer for help.See question
Carpet wasn't new upon move-in 9 years ago
Dear Buffalo Tenant:
Another tenant in your City made a near-identical inquiry around the time you posted your question. See the answers at: https://www.avvo.com/legal-answers/can-i-remove-old-carpet-after-9-years-in-a-rental--3153862.htmlSee question
We were served a 30 day notice in July to get out of the house by 8/31/17 on a rental that we have rented and paid on time for 7 years. We are currently on a month to month. Our landlord was aware that we had to find a home to buy, first. We live ...
Dear Water Mill Tenant:
Your rental may be legal if your landlord has a rental permit (if required): See: http://ecode360.com/8697294
§ 270-3 Rental permit required.
Effective January 1, 2008, no person shall occupy or otherwise use a dwelling unit as a rental property without a valid rental permit being issued for the dwelling unit."
Why not offer to pay for the privilege to stay since your landlord's rush is " because she can't afford the monthly payment on a loan that she took out on the home" as long as all sides work this arrangement with the purchaser and the respective attorneys.
Right now, you may have a cause of action against the landlord to recoup all the rent you paid if you met certain evidentiary burdens and your landlord was required to have a rental permit and did not have a rental permit (Note: Mother/Daughter requires a family relation and your rental may not be allowed--follow up with your lawyer).
See: http://www.27east.com/news/article.cfm/Sag-Harbor/119542/Landlord-Without-Permit-Could-Face-Loss-Of-Rents-Paid; Goodling v. Penna, 2017 NY Slip Op 30235 - NY: Supreme Court 2017; Ader v. Guzman, 135 AD 3d 671 - NY: Appellate Div., 2nd Dept. 2016; Schwartz v. Torrenzano, 49 Misc. 3d 943 - NY: Supreme Court 2015.
You have an attorney on the home you are buying. Has your lawyer offered any insight on how the local judges deal with holdover eviction cases based on termination of a month to month tenancy?
So in my opinion you have leverage. Don't sell yourself short that you need only 34 days because you cannot now foresee an event that may delay your closing.See question
My son and his wife got evicted from their apartment. They asked about staying with me until they could find another apartment through Arbor Development. I said I would give them two weeks to find a place. Their things still are in boxes. His wife...
Dear Campbell Home Owner:
A three day notice is meaningless, since that notice exists only for a written demand to pay rent, and your son is not a tenant. In any case, since you are nearly frightened now because of his violence, peace will elude you if you are directly involved in any legal form of notice to your son.
I recommend you get out from the house and see a lawyer. New York State does not require a formal eviction proceeding when a "guest" resides with a home owner less than thirty days. In some instances, police may assist. Whether that is State Police or Steuben County Sheriff, your lawyer will know.
Your lawyer may suggest an order of protection. That would force your son from the home if issued and bring police to enforce the order. No one can prevent violence against you if they don't know the situation you are in.
You may need to decide if you want an arrest. Did the wife move to the apartment and take away her possessions?
You probably want to secure your car in a safe place.
But get to a lawyer first.
Once you get too long into his staying with you, the local judges may decide you are forced into a licensee lawsuit eviction proceeding and that does require a ten day notice to quit.
Does anyone know how fearful you are? Perhaps you should get away for a few days while your lawyer and police sort this out?See question
The hot water was off at 8:30/9pm, with only the cold water running I made the best of it, but without notice the water was shut off at 11pm without notice. When i called the super he claimed he was trying to get access to another tenants apartmen...
Dear Brooklyn Tenant:
Yes this happens. The main water valve is shut until the leak is corrected. Often in an emergency, the FDNY will shut down water for the entire building and remain on station until the water supply resumes.
The legal definition of "emergency" depends on real world facts. At a certain point, the emergency shut off will become a denial of an essential service. But there is no bright line test. If the landlord demonstrates good faith and diligence in pursuing the required repair, a court will not charge the landlord with a breach of the warranty of habitability.
To preserve your claim call 311 and report the shut off of the water supply.See question
I am the only signer on a residential lease. my lease states 2 occupants, myself and daughter. My boyfriend has been staying here at least 8 months out of the year. He recently moved in and I told my landlord that he was and I was interested in r...
Dear Campbell Hall Tenant:
You are correct that your lease, until it expires and you need to move, allows for use by you as the tenant, your daughter as immediate family of the tenant, and your boyfriend as one additional occupant, even when the landlord says otherwise and the lease does not follow the statutory requirement.
See: NY Real Property Law Section 235-f:
"***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.***"
All that is academic now since you say without elaboration that your landlord is evicting you now. How? Do you have court papers? A tenancy termination notice? No matter now you need an attorney.
Good Luck.See question
when my ex wife and i did a reverse mortgage, both of our names were on the deed... it was also stated that both of us have to be living at the address or at least one,,,since then, ,the deed has been transferred to her name,,,,,,can she evict me...
Dear Brooklyn Former Owner:
If you have a landlord and tenant relation with your son (that is he pays rent to you, signed a lease) you cannot use an eviction proceeding without reliance upon a statutory ground. Abusive behavior is not a stated ground. "objectionable conduct" is an allowed ground for accelerating the end date of a lease and starting an eviction proceeding. The judge must determine if the proven facts support an eviction on grounds of objectionable conduct.
If your wife is the sole owner and you reside in the house, if there is no landlord and tenant relation (you do not pay rent, there is no lease) she cannot use Housing Court for an eviction (or perhaps she can, as a licensee, since you are no longer family.)
You must have had an attorney for the divorce. That person could best fill you in on what you may face now.See question