Me and my spouse live in an rented apartment and we are currently not going through divorce. The lease is in my name, and if i want to the change the locks of my door so he cannot come back in then can he forcefully come back in using legal help? ...
Dear New York Tenant:
It may lead to an arrest for an unlawful eviction if you change the locks in the apartment door. If you do so, he will get back in with a court order from the Housing Court. If you take the illegal self help route your husband may secure an order of protection and a judge may force you out from the apartment.
If you do not want to share living arrangements with your husband go consult with a family law attorney for the legal route to secure a right to live without him in your leased apartment.See question
Went to collections. Given thirty days to communicate. Can I make payment arrangement?
Dear New York Tenant:
Went to collections? What did you mean? An actual letter from a debt collector or a written rent demand from the landlord? If a written rent demand, you have time to pay the two months rent, or move out, but if you don't pay and do not move out, the landlord must follow up with a nonpayment summary proceeding in the NYC Housing Court. In the court proceeding, assuming you have the ability to pay, you may try to work out a pay out arrangement.
Read about the nonpayment proceeding here: https://www.nycourts.gov/courts/nyc/housing/answering.shtmlSee question
my property manager inspect my apartment every month and nit picks about everything from we got to paint and deeply clean our apartment
Dear Norwich Tenant:
I hesitate to say the property manager does not have a right to make monthly inspections without looking at the lease, but I doubt you agreed to lease terms that required you to make repairs to the apartment that are due to nothing more than ordinary wear and tear or agree that the manager may critique your skills as a homemaker.
Generally, the landlord's right to enter the apartment during the lease period is controlled by the lease. If the lease does not allow for the monthly inspection (like in a college dormitory) by the property manager, you had the right to shut down this intrusion from the start.See question
As I walked into my bakery, I encountered 2 men on ladders working on my water heater, and everything in my kitchen had been moved. The landlord never requested access to my space or even notified me that any work would be taking place. In addit...
Dear New York Commercial Tenant:
Generally, a commercial tenant has few remedies to counter a trespass by the landlord, and the exercise of those remedies signals an intent by the tenant to end the lease, and declare the lease is cancelled due to the landlord's breach of the covenant of quiet enjoyment, and trespass. If you want to go that route, make plans to engage a lawyer and spend money to end the lease over this intrusion.
Your loss of product and sales, is covered by the credit the manager agreed to extend to you, rather than forcing you to make a claim to your own insurance. If the credit is not adequate and your insurance does not force you to spend out of pocket on a deductible you could discuss with your agent if the unpaid loss is worth filing a claim.
If you meant could you file a formal complaint with a government agency, then there is no government agency to administer complaints between commercial tenants and landlords/See question
I have always paid my rent on month in advance so when I got the letter, I didn't pay for October's rent as she requested that I move on September 30th. Now she claims I owe her rent. and turned my power off.
Dear Camp Vincent Tenant:
Aside from the obvious why you believe that even though you were expected to move out by the end of September the reason your landlord illegally evicted you was because you did not pay October rent, even were the landlord not crazy and you owed rent for the last six months, turning off the electricity to force you out from your home is an illegal act. Look at section 1 of New York Real Property Law section 235. The police may ticket your landlord for the deliberate shut off of electricity. http://codes.findlaw.com/ny/real-property-law/rpp-sect-235.htmlSee question
Hi, I rented an apartment in NYC,NY a year ago in Sept. 2015. In Feb. 2016 my job has relocated me and i got tenants to sublease. Landlord took copies of their id's. They also started charging me 10% extra as some fee for subletting. Leases up on...
Dear New York Tenant:
So you have a brush with the dark side of subleasing an apartment through the end of the original lease period. A tenant loses all leverage to compel the subtenant to move out from the apartment when the lease and the sublease end at the same time. A tenant remains liable to the landlord for any "holdover" period that begins after the lease ends, but the tenant was not able or did not turn over vacant possession of the apartment to the landlord. The lease makes this obligation a substantial obligation of tenancy, The landlord's right to sue you in a holdover proceeding is also the right that allows the landlord to seek from you alone a judgment for the landlord's attorney fees.
You cannot lock out the subtenants even though they screwed you by not paying rent and by not moving out.
The fact that a landlord consented to the subleasing does not end the tenant's obligation at lease end to give a vacant apartment back to the landlord.
You will likely require an attorney.See question
Rent stabilized Landlord is offering to buy me out of my apartment. The lease is not in my name and i am in the process of succeeding the lease. Landlord is offering a buy out so i can surrender my right to succeed the apartment. How would this...
Dear New York Tenant:
No one should provide online advice on the matter you inquired. You do need an attorney, and you do need a consultation with an accountant.
Unlike the tenant of record, who has clear permanent tenancy rights, that may have a substantial monetary value, and a "buy out" may be a fair exchange of consideration where the landlord measures the value of the buy out to the potential future financial gain, and the tenant measures the surrender of a legitimate lifetime right to a rent regulated tenancy, and the fair exchange of that right for money that could lead to living in another home for as long a period, your rights as a potential successor tenant are inchoate or unknown. You may have a legitimate succession claim, which places you into the same or near same place as a tenant, or your succession claim, be prove unsupported, but you and the landlord choose not to take the time and the money to find out one way or another. In your case, the landlord's buy out may be seen as a settlement of a nuisance claim in that it is less expensive to give money to you to leave and not assert a tenancy claim, rather than invest in a litigation to resolve your claim in the landlord's favor. Your tax advisor has to take this significant difference into account. That is, the method how income becomes taxed if the income comes from not making a claim of entitlement to a right, as opposed to the income coming from the surrender of a permanent right to rent regulated housing.See question
I reside in a building where there has been ongoing construction for the past 2 years. this management company,is currently doing a full on gut renovation in the apartment directly above mine. I asked if me and my family(which includes a 2 year ol...
Dear Far Rockaway Tenant:
I gather that the tenancy is not Rent Stabilized, since you would long ago had filed for a reduction in rent due to living in a construction zone.
Since you listed the questions as breaking a lease, I believe you want to know how to do so, rather than how to fight with your landlord for a rent reduction while continuing to live in an apartment you consider not suitable for use as a residence for yourself and two year old.
This suggests you are looking to declaring a constructive eviction and abandoning the apartment. You need an attorney on board to do this, since an attorney may properly conclude that the facts of your tenancy and your need to move out right now, support a constructive eviction claim.
You did not mention whether you had made complaints to the NYC Department of Buildings (311) about the ongoing construction over the past two years or whether you know from checking online of other tenants did so and whether the DOB ever issued violations for this type of work in an occupied building. It would surely help to know that the landlord performed work outside the scope of the issued building permit, so you may wish to check this out on your own as soon as possible.See question
Is a tenant obligated to pay legal fees of the landlord if there is no clause in his lease? Landlord is trying to sue for back legal fees? In the stipulation of settlement, it says the petition was satisfied? Can he still collect and if there w...
Dear Brooklyn Tenant:
Generally, no party has a claim for legal fees against the other party unless a fee claim exists by statute or contract. New York State allows landlords with an attorney fee clause to seek a court determination when found as a prevailing party that the legal fee clause should award the landlord the legal fees in the successful prosecution of the case. A separate statute gives that same right (a reciprocal right) to the tenant if the tenant is a prevailing party.
As you described the circumstance, the landlord is not entitled to legal fees as additional rent. The court did not award legal fees to the landlord, the landlord is not the prevailing party in the litigation, and the lease does not contain an attorney fee clause.See question
I as a tenant rented a basement apartment in Kings/Brooklyn NYC. I only found out it's illegal after having lived there for about two months. I just read from nyccourt.com about "illegal apartment" that: "If the tenant knew that the apartme...
Dear Brooklyn Tenant:
You ask a provocative question, considering that in New York and Bronx Counties, that issue is irrelevant. There is a presumption in NYC, that any "basement" apartment is illegal as a residence to rent or to reside in. The tenant could overcome that presumption by showing prior to renting the apartment, the tenant researched "illegal basement apartment", learned the criteria that would allow for legal use of the basement as a dwelling, looked up the particular building on the DOB website, and discovered a Certificate of Occupancy that revealed the apartment in the basement as legal (albeit false) or did not discover a Certificate of Occupancy (at all), and also checked for violations already or previously dealt with for illegal alteration or construction, or for illegal use, and found none or all were dismissed.
So now that you know the apartment is illegal, whether the landlord may sue for rent if not paid, or is entitled to collect rent, any tenant attorney you hire, would recommend you choose not to continue to reside in an illegal basement apartment.See question