I have asked my niece to move in with me recently since, I am getting older and need help around the house. Can I add her to my lease agreement when it is time to renew it?
Dear New York Tenant:
If your tenancy is not Rent Stabilized no law would compel your landlord to add your niece to the lease, although paying a new rent on a new lease may overcome the hesitation to do so.
If the tenancy is Rent Stabilized, even were your niece already living with you for two years and sharing all household expenses with you, and making your home her home as a primary residence, the landlord has no legal obligation to add your niece as a full-fledged co-equal tenant to the lease. A "niece" does not qualify for succession as a tenant in the same manner as "immediate family" Read more at: http://www.nyshcr.org/Rent/FactSheets/orafac30.pdfSee question
I was with my ex-boyfriend from July 2015-March 2016, but I allowed him to continue living with me until he found his own place. He moved out mid-July, but he did not take all of his stuff with him when he left and I have been trying to arrange a ...
Dear Syracuse Tenant:
New York State's unusual approach to abandoned property creates traps of accidental liability to taking a mere common sense approach to dealing with the former boyfriend's left over personal property.
New York State law makers have made a conscious choice refusing to give guidance by an enacted law to persons caught like you (whether a tenant or a landlord or shop keeper) forced to watch over another person's left behind property. In 2013, lawmakers in a neighboring state decided to end this suspense over abandoned property and enact a law, overcoming the common law of a involuntary bailee (http://www.sterlingeducation.com/the-sterling-blog/bid/102640/Pennsylvania-Law-Now-Addresses-What-to-Do-with-Tenants-Abandoned-Property).
In New York State, every year, thousands of persons are hooked into becoming unpaid caretakers for other persons' property, and in this State we still adhere to the common law rules that make that caretaker legally responsible for loss and damage caused and suffered by that unwanted property if due to the negligence or intent of the caretaker. That means for people in New York State, until a court decides liability and money damages, a caretaker does not know if she took enough time, gave enough notice, took proper care of the property that was left and not recovered.
So in New York we try to guide answers by experience because we have no written law, only "law" made by judges in resolving lawsuits brought by the property owner against the caretaker. From those decisions we can derive certain steps the caretaker must complete before ridding herself of the property, even though following those ideals does not guarantee that the caretaker will not need to defend a lawsuit.
So it goes something like this. The caretaker may consult a local attorney to gain some insight on how local judges handle these lawsuits when they need to make a decision. That often is a best approach, since the "law" depends on how judges rule, and not all judges see the same facts and rule the same way, and also because New York State often may have four differing tracks of law on the same subject since our Appellate Court system is set up with four different departments, and even the appeals court judges in one part of the State are not forced to follow other judges in another part of the state if those decisions differ from their own precedent.
If you wish to avoid seeing a lawyer, then you will need more patience than you have had until now. Do not rely on the old text messages you sent before putting the aquarium on Letgo. The fact that you advertised to dispose of the tank that quickly is not a matter you want to come up in Court if he sues you one day.
If he has an address, write out the demand that he remove the items (name them all; include photos if you do so) by a date certain (you really need to give at least thirty days). Make duplicates of the letter and photos. Address two envelopes to the property owner and address a third and fourth envelope to yourself. Mail from the Post Office. One to the property owner and one to you by certified mail (no need for a return receipt) and one to the property owner and one to you by regular first class mail with a certificate of mailing. Keep all the receipts together with another copy of the letter and photos. When you envelopes arrive at your mailbox, do not open them. If he sues, you'll have the drama impact in opening those envelopes in a courtroom to show the notice you gave.
If after this time period expires, you may consider (believe me these are normal suggestions to a person who is not a client) renting a storage locker for one month, and then going through the same mailing ritual again this time letting him know that he can recover the property from storage.
You may go through all this and he may never come around or respond but one thing you may almost count on is that within one year of getting rid of the stuff he will sue you. So be prepared.See question
I share an apartment with 3 other people . Our monthly rent is 1080.00 split three ways which is 360.00 each. Now from the time I moved in the primary tenant and the person who rent is paid to suggested to make things easier on me that I divide my...
Dear New York Tenant:
If the tenancy is Rent Stabilized paying the rent at the rate of $180 every two weeks made the annual rent $4680, or the monthly rent $390, or a $30 per month rent overcharge over the agreed $360/month. But, whether you could prove a willful overcharge of $30 per month when you do not have a written lease and you do not pay rent on a monthly basis, is not something I could predict with confidence.
In any case, if the apartment is not Rent Stabilized, no one but you and the tenant and the other roommate care that you pay more than your fair share of the annual rent by paying $180 every two weeks instead of $360/month.
If you want to restore the balance before this costs you money, go back to paying the rent at a monthly rate.See question
I am executor of a will, currently have a commercial building in probate. The tenant has operated a business for 20+ years without payment of rent. He only paid the taxes, utilities and insurance, an agreement by his mother (previous owner). He...
Dear Greenport Executor:
You should have an attorney, but you do not say so. If the tenant's agreement was not written in the form of a lease, then the oral agreement with the decedent did not survive her passing. In any case, during this period, without a written lease, even the decedent had the right to terminate the tenancy with nothing more than a one month notice since the tenancy was month to month. As an executor you should have the same right as the decedent to end the tenancy even if the tenant is contesting the will. If you have a court order to sell the building then that order came from Surrogates Court, yes? if so, the same Surrogate may issue an order compelling the tenant provide access to the realtor to enter the building, or may issue an order to oust the tenant from the property since there is no lease, no rent is coming in, and his presence in the building is harmful to the decedent estate as well as a commission of waste on the asset of the estate.See question
My landlord is making me pay to replace flooring in the apartment and refuses to give me more time and refuses to wait until I move to use the security deposit.
Dear Massena Tenant:
How is the landlord making you pay to replace the floor? Usually, a landlord has no power to compel a tenant may a repair in the apartment, even if the repair is required due to a tenant's intentional damage to the apartment. While a lease may make a tenant liable for damage caused by the tenant or by the tenant's guests, unless the landlord relies upon a clause in the lease that forces the tenant to make a repair on demand of the landlord, and allows the landlord to terminate the lease if the tenant does not comply, the usual process has the landlord consuming the tenant's security deposit after the tenant moves out when the lease ends.See question
Owners had home on market for six months and was not sold. Wanted to rent thru winter months. We were building new construction and needed temporary home to live and store belongings. Asked Their agent at initial showing if they had planned to ...
Dear Albany Tenant:
If you believe the real estate broker should be disciplined for lying to you this is a link to the process for filing a complaint. http://www.dos.ny.gov/licensing/complaint.html
Generally, a standard form of lease when signed by a tenant and a landlord acts to relieve anyone from anything said or written to the tenant ahead of the time the tenant signed the lease, unless the lease includes those other verbal or written statements as part of the lease. If you relied on the pre-lease statements of the broker that the owner would not work in the house during the lease period, but the owner never told you so, and the lease did not provide that was so, usually, a tenant has no one to complain to that the lease failed to include a material term that the tenant relied on to make the lease agreement. Go see if the lease had that clause or condition. Check to see whether the lease contained a provision where the landlord promised not to work in the rented space during the term of the tenancy.See question
My boyfriend and I looked at an apartment two weeks ago. The apartment still had to be worked on to be habitable. We looked at the apartment, liked it at the time and gave him out $800 security deposit. He then gave us a receipt that said "securi...
Dear Hankins Tenant:
Your "future" landlord is acting as though you made a refundable hold deposit. A security deposit is inappropriate without a lease or a landlord and tenant relation. A "hold deposit" becomes a security deposit when the landlord and tenant sign the lease. Your "not landlord" didn't claim your money was his and that you forfeited the deposit.
So you may sue and try to get the deposit back now (may still take time) or wait it out and see if you get your money back when a new tenant moves in.See question
I would like my tenant to leave my premises I serve them with an eviction notice 3 months ago and they asking for more time and I'm tired of it now I want them to leave
Dear Bronx Landlord:
What do you mean you served the tenants an "eviction notice?" An eviction notice comes only after the landlord won the lawsuit in Housing Court.
Do you mean a tenancy termination notice? Is your tenant month to month? If so, then you never followed up by starting the Housing Court case.
If you accepted any rent from the tenant after serving the tenancy termination notice you may need to do everything over. If you did not do so and you have proper proof of service of the tenancy termination notice you may try to use that already served notice as the ground for your holdover proceeding.See question
Two months behind in rent. Can I be evicted?
Dear New York Tenant:
Yes. At some point down the road if you do not catch up on the rent a NYC Marshal may execute an eviction and force you out of your home. If you plan to wait until that happens rather than figure out what services you could seek for assistance then you will be evicted.
New York forces a landlord into Housing Court to sue a tenant in a nonpayment summary proceeding. Look up NYC Housing Court Nonpayment Proceeding.
This process starts with a written demand to pay the rent owed or move out. If the tenant doesn't pay and does not move out the landlord must initiate the nonpayment lawsuit in Housing Court.
Tenants have a number of proper methods to drag the case out and many tenants who can not afford to hire an attorney will be able to secure a free attorney through any one of the many City programs available to defend tenants in Housing Court.
So if you get evicted you choose that route rather than saving your home.See question
I received a Notice serviced underneath my door today from "Civil Court of the City of New York" filed by my landlord's lawyer, claiming I own two month's rent and must move. The hearing date is 10/06. The facts are: 1. It is one room in cell...
Dear Brooklyn Tenant:
You did not describe a home safe for residential use. The room in the cellar is really no more than a hole in the ground. I will not probe your reasons to try to stay; but any tenant attorney would recommend you get out on your own as quickly as possible and do so believing your life truly depends on moving out from a cellar.
If you had a legal dwelling, cutting you off from a supply of potable drinking water, is an act so wrongful carried out by the landlord that it ended your obligation as a tenant to pay rent. Wrongly depriving a tenant of a drinking water in a legal apartment is considered an illegal eviction, and that ends the tenant's obligation to pay rent. A tenant renting an illegal dwelling never had to pay rent; but when your landlord cut off the water, that was a sure sign your situation would never get better and that you should move out.
I really do not know what notice you received. Your landlord is not suing you for rent in Housing Court if the papers already had a court date. If there is a Housing Court case, the lawsuit is a Holdover lawsuit. The ground for that form of lawsuit is that the tenant stayed in possession of the dwelling space after the term of the tenancy ended or otherwise expired. You said you had agreed to move out by August 18. You did not do so, and the landlord has turned to Housing Court to have you evicted legally.See question