My wife n I live in a illegal bastement apartment n we recently had a baby who is 5 months old now the sewer how backed up n started running out of our bathroom n flooded the appartment I notify the landlord n he send somebody to fix the problem ...
Dear Bronx Tenant:
First find a legal home for your family. If you call inspectors you risk the City posting an immediate vacate order.
Your illegal basement apartment could not provide a safe, sanitary and habitable home and neither will the attic.
You'll have plenty of time to sue after you move.See question
I would like to use security deposit to pay for my last month of rent. There are no damages however my landlord seems resistant to this idea which is what I have done in the past. I mostly likely will not pay last month rent, what are the conseq...
Dear Forest Hills Tenant:
You will owe rent to your landlord on your way out. The landlord is not safe taking the deposit as a substitute for rent.
The consequences are a lawsuit for that rent after you move and loss of the security deposit.See question
This question pertains to a private owner of a 2-unit building. At move out, landlord refunded sec deposit w/a check from an internet bank. Meaning, the bank is web-based and has no physical local location. As such, I had to take the check to a ch...
Dear New York Tenant:
Technically, the landlord of the two-unit private house where you were a tenant, is only barred from mixing up your tenant security money with his own. For a house you described, the landlord is not compelled to deposit into a bank account. But should that occur, this is triggered:
"2. Whenever the person receiving money so deposited or advanced shall deposit such money in a banking organization, such person shall thereupon notify in writing each of the persons making such security deposit or advance, giving the name and address of the banking organization in which the deposit of security money is made, and the amount of such deposit. Deposits in a banking organization pursuant to the provisions of this subdivision shall be made in a banking organization having a place of business within the state." -
See more at: http://codes.findlaw.com/ny/general-obligations-law/gob-sect-7-103.html#sthash.2b0ELXxA.dpuf
So you are correct. If the landlord did use a bank to hold the money the landlord also was compelled to provide the name and address of the bank and that bank had to be in New York.
You should examine the back of the check you turned over to determine whether the landlord wrongly moved your deposit from a bank that had an address to one that did not.See question
When we were signing a lease, they had a no pet policy in there but said that if we want a pet, we simply have to sign a form and send it to management. Now that we got a dog, we are being declined of the forms saying that it needs to be a disabil...
Dear Coram Tenant:
Generally, an oral representation prior to making a written lease does not "survive" to overturn a contrary term written into the lease. If the lease provides for no pets except by permission and the oral representation was that you did not need any permission, the lease is likely to control the right to the pet.
The definition of disability includes disabilities that are not physically obvious. So you cannot say a physically able person is not disabled due to epilepsy, PTSD, diabetes, or some other not obvious disability.
This means unless the landlord is not serious about the no pet provision in the lease that you will need a lawyer, as you claim removing the dog is not an option.See question
This question is for an unregulated, privately-owned apt in NYC. I, the tenant, ordered blinds and had the landlord install them prior to move-in. He did so free of charge. I have emails supporting this fact. By lease end landlord and I were no lo...
Dear New York Tenant:
The method you described for hanging the blinds suggests the blinds are a fixture and may not be removed. Similarly had the landlord installed your own shelving or track lighting.
You could have walked out with those blinds in any case had you paid the landlord to uninstall as you would have paid anyone else.See question
At move-out of my unregulated, privately-owned NYC apt, landlord refused to return the damage deposit and instead wanted a forwarding address where he can send it. The lease specifically states that it is to be "returned at lease termination minus...
Dear New York Tenant:
New York security deposit law omits a walk-through as part of the moving procedure as well as a specific time after the end of the lease to return the tenant security deposit. So your lease interpretation is based on the understanding you and your landlord had about due at lease termination. A fair analysis is the time to return the security deposit does not come ahead of the end of the lease and that is the day that a clock starts on the steps to secure release of the deposit from the bank. I doubt a court would suggest a contemporaneous exchange of keys and a check.See question
In my lease, there is a clause that says tenant cannot nail or drill holes in wall w/o the permission and written consent of landlord. Knowing this, when I was ready to hang pictures in my apt, I emailed landlord and specifically notified him of m...
Dear New York Tenant:
Why not testify the landlord hung your pictures and hammered the nails? You likely will have an arbitrator and not a judge in Small Claims Court. Prepare your claim and your evidence by reviewing the guide to Small Claims Court.See question
1/11/2016, my family member let a DOB inspector enter her home to inspect the basement apartment they had (someone reported the unit). It was considered an illegal apartment conversion. Here's what I do know about the house/apartment: T...
Dear Bronx Property Owner:
Gajo as "precedent" stands on its own, and is against the weight of precedent in similarly determined violations for prior existing illegal conversion inherited by a new owner. Similar disputes that stand counter to the Gajo court and that are reported officially are precedent to go by.
The general rule depending on exact violation is obtain a permit to restore the premises to the original condition and secure an altered certificate of occupancy.See question
The rent for each month is $650. The girl tried to pay me her half ($325) for the month of January. The couple texted me and said they gave her their half of $325. The girl said she was never given their half and the couple responded to me that...
Dear Rochester Property Owner:
Rochester security deposit rules state a landlord cannot dip into the security deposit to pay for rent owed unless at the end of the lease and the tenant moved out. "Security deposits should not be used by a tenant or Landlord to pay rent, but can be used for unpaid rent and late
fees owned at the end of the tenancy." http://www.thehousingcouncil.org/news/wp-content/uploads/2011/12/13_Security_Deposit.pdf
The fact that one half of the tenancy (the married couple) left the remaining tenant holding the bag for the entire monthly rent may be alarming. You may be correct now not to accept partial rent from the tenant who stayed behind; but I am inclined to believe the departing couple stiffed her as they are stiffing you by moving out. If you have a lease, they along with their co-tenant owe rent for the duration of the lease. If month to month, you could end the tenancy, but all your tenants owe January as well as the coming month if you serve a proper tenancy termination notice now. You likely may lose even more rent if you need a court to evict.
If there is a lease, the remaining tenant may bring in a roommate and dependent children to help pay the rent.
So. No. You are not entitled to the security deposit mid-lease to pay rent for January 2017.See question
The people next door constantly park on the sidewalk to wait for people to get in the car and load their trunk. They idle in the driveway on the easement in the back to waste time to spite me because I told them not to park in the driveway or unlo...
Dear Brooklyn Property Owner:
A court order retains value only when you are willing to return to court and seek a contempt of court order ( requires a motion and if granted likely a hearing and another decision and order) but that is what I believe you need to do; unless the court ordered NYPD to enforce the order if a violation occurs in the observation of the officer. If so, you may consider a visit to the precinct and discuss with the community police officer if you could have patrol swing by and observe in real time a violation of the court order. But otherwise, you likely need to be back in court.See question