Currently in the process of evicting a tenant. Since then tenant has let the water run unlimited creating me a huge bill and is pilling up tons of garbage outside tenants door in outdoor areas on purpose. These issues have been brought to tenants ...
Dear Ozone Park Property Owner:
You have the same right to make a police complaint if threatened by the tenant, or a guest of the tenant, or a friend of the tenant. You have no separate right in Housing Court against the tenant's guests and friends.
You have the right (your lawyer should be guiding your litigation strategy; not an answering AVVO attorney) to secure a court order from the judge in the Resolution Part relating to your claim of waste of water and accumulation of trash and garbage in the areas you described. And, yes you have a right to enjoin nuisance and waste conduct during the course of the summary proceeding.See question
I had a roommate who is cotenent on a lease move out leaving me with the full amount of rent. If I pay the full amount of rent can I go after my co tenent who left for the 8550 which is her half in entirety for the remainder of the lease period.
Dear Yonkers Tenant:
I suggest you take advantage of your right to secure a roommate so you have someone else share the rent with you, since failing to do so, and so, and not mitigating damages, may be a defense your co-tenant has when you sue. If your tenancy and apartment are not rent regulated, you may set the "rent" charged the Roommate, at whatever you agree. But if you do so below "market" that too, may be a defense by your co-tenant when you sue, if at the end of the lease you feel cheated by your co-tenant.
Generally, a two-tenant lease with a landlord does not contain a covenent or express or implied agreement the tenants must share equally in paying rent to the landlord. A lease with two tenants in New York makes each tenant on her own responsible for paying rent, and the landlord does not take an interest in how or even if the tenants choose to apportion the rent due to the landlord. You and your co-tenant may have contracted to each contribute half the rent per month; but the "law" does not imply that contract into a co-tenant lease.See question
Hi, My roommate installed a security camera in the living room without telling me. The camera is in a visible place but it looks like a speaker so I had no idea it was a camera. The camera has audio as well. She has been recording me 24/7 fo...
Dear New York Tenant:
If the living room is a common area of the apartment you and your co-tenant share, then generally there isn't an expectation of privacy similar to a bedroom or a bathroom. In New York a camera may record video alone without audio. And, yes, you may demand your co-tenant remove the camera.See question
I rent an apt in Brooklyn, NY. I've lived here 47 years. I use an air condition in my sons room in the summer and a heater in the winter. The electric in his room stopped working. After the landlord had a guy do a quick repair she told me if I wa...
Dear Brooklyn Tenant:
NYC Department of Building, and the Electrical Code, do not compel a landlord to upgrade wiring and circuits within an apartment to accommodate a tenant use of an air conditioner.
If the wiring in the apartment is run through an old-style fuse box, any new wiring will require a new circuit breaker box, with electrical service installed by a licensed eletrician.See question
I sublet with lease and broker ( now my master lease holder says she don't want me back (she now dealing with my broker and my tenant ,,am cut out,, can I get the apt back?
Dear Bronx Tenant:
A subtenant does not have a right by statute or contract to sublease as both statute and lease provide the right to do so to a tenant. Based on your statement, your breach of your sublease is substantial and material and sufficeint on the surface to suggest the tenant would likely prevail in an eviction lawsuit.See question
I had tenants live in my apartment for 2 yrs & I am trying to determine how much to keep from their security deposit to refinish the hardwood floors. There are 2 large gouges that made the wood raw & splintery in spots around 7" & 11" long by 5" w...
Dear New York Property Owner:
Do not guess. Secure an estimate or two from a contractor, make your decision about repairing the floor, pay the invoice, and then return the balance of the deposit to the tenant. New York State law does not set a deadline to return the security deposit as other States' laws do.See question
What is the best or easiest way to figure out if someone you are suing is not a dependant on someone in the Military? Obv asking them straight up is out of the question.
Dear New York Plaintiff or Petitioner:
New York City Civil Court requires an affidavit of Military Status when a plaintiff or petitioner makes an application for a default judgment. This is due to SCRA and the continued call to active duty military service that may take a person away from home or business on short notice, even during a case where the defendant or respondent appeared. In Housing Court matters, the requirement extends to the respondents named as John Doe and Jane Doe.
In fact, when conducting the Military Service Investigation, directly asking the defendant or Respondent, is the first listed method of a hierarchy as presented by the NYC Civil Court. https://www.nycourts.gov/courts/nyc/civil/judgments_self.shtml#nonmil
Read the Civil Court Directive at the link at Non-Military Affidavit.See question
I live in a co-op in westchester, NY that I own. I have been harassed by one individual neighbor that continually text, calls, and knocks on my door to have me stop smoking in my apartment. I gave them a letter, along with sending it certified t...
Dear Mamaroneck Shareholder:
A straight forward answer is that smoker's have little to no right to interfere with the comfort and safety of neighbors. Judges are well-schooled in the proven science of adverse health reaction to second hand smoke exposure. You will need a lawyer to help you deal with this New York State cooperative's may conduct their own in-house tribunal on lease violation charges based on the Pullman doctrine. And a shareholder who is on the losing end of a shareholder vote has almost no way to avoid eviction in a court challenge.See question
I need more time to prepare an answer. "If you are served with a nonpayment petition you must answer within 5 days after you have received the notice of petition."
Dear Jamaica Tenant:
If you are preparing your written answer at home, I urge you read all the information published online by the NYC Housing Court, including the tenant hand book, the answer information sheets, the do it yourself forms, and if you intend a challenge to jurisdiction give special attention to the procedure that requires factual statements as a rebuttal to the process server affidavits.
To do that, you must visit the courthouse and retrieve your file from the court clerk. Copy the content and affidavit of service for rent demand and notice of petition and petition. While in court pick up one of every information sheet including both the landlord and the tenant guide books.
Most tenants answer informally with using the court supplied form for an answer in person.
There is no mechanism to extend the time to prepare serve and file your answer with proof of service upon the landlord's attorney. A tenant attorney in need of a few extra days knows that the time to do all this work and file the answer is in the real world longer than five days. When time is in real need an attorney will call the opposing lawyer and state the need for five or seven or ten more days to file the answer. A self-represented litigant may receive the same courtesy. Do not accept an extension with a concession to waive certain defenses.
Practically, you had all the time you needed before service of the papers to gear up to write the answer other than the visit to court to copy the file and conceive your rebuttal to each affidavit of service.
I have not encountered a court decision where a judge stated reasons to extend or not extend a time to answer.
An attorney may prepare pleadings rather quickly even with the intervention of making a copy of the file.
The answer should be verified if you are raising defenses based on service.See question
My roommate and I are on a join lease together. She wants to move out 5 months early and sublease to someone for the remainder of the lease. My landlord does not allow sublets and I told her that I'm not comfortable with her subletting her room ou...
Dear New York Tenant:
Many years ago, New York State legislators wrote a new law to deal with the right of a single-tenant surviving a lease that started with two tenants and one permanently moved out. They decided to extend a new right to the remaining tenant to fill the place of the lost tenant with an "occupant" we have all since learned to know as a "Roommate."
This law works only with the remaining tenant. The moved out tenant severed any tenancy rights on vacating including the right to a roommate.
A tenant in your situation does not require any advance permission from the landlord since securing a Roommate is not a sublease even if the tenant and Roommate have an agreement naming the contract a sublease.
So you could let your departing co-tenant find you a roommate for the last five months of the lease or say "thank" And do it on your own. I doubt anyone wants to make a move for a five-month rental as a Roommate and I would prefer to know that my Roommate will not make a big mess at the end of the lease and stay behind when I move out.See question