I was away on vacation last week when my tenant who lives with me texted that she will be moving out (breaking her lease), and that she didn't want my boyfriend coming over while I was gone. He had an appointment in the area and she was notified b...
Dear Ridgewood Tenant:
If you rent the apartment from a landlord and rent a room in the apartment to another person, that other person is not a tenant (because that would be a subtenancy--and a breach of your lease if you did not have permission to do so from the landlord) but instead is a roommate.
The NYC Housing Court promotes a program for tenants to bring eviction proceedings against roommates. Since your roommate paid rent the roommate holdover program may help you. See: https://nycourts.gov/courts/nyc/housing/holdover_roommate.shtml
Here is the big question. If this person was ready to go on her own (break the lease) why did you decide you would not let her leave voluntarily?See question
Am renting month to month no Lease just word of mouth.so he rent me 5 rooms and another tenant 2 which make the house 7 rooms .I saw the house on Craigslist the house is only 4 bedrooms .so basement isn't for sleeping.I spoke to him about it he ke...
Dear Spring Valley Tenant:
A landlord usually cannot rent one dwelling to two tenants with independent rental agreements and an allocation of rooms. The house may have code violations--but that may not matter or impact the landlord's right to end the tenancy.
In New York State (everywhere but in NYC) a landlord may end a month to month tenancy by giving the tenant one month advance notice. So if the "eviction notice" is a tenancy termination, the landlord may state the end date of the tenancy is August 31 and that if you do not move out by then the landlord will go to court and make a case for your eviction.See question
When a landlord in NYC gives the Warrant of Eviction to the Marshall/Sheriff, how many days will the Marshall/Sheriff usually take to furnish the tenant the Notice of Eviction?
Dear New York Property Owner:
When your Marshal reports to you by email that the court issued a good warrant, telephone the office and discuss your plans, or email directly back to the marshal and state your request for expedited service and scheduling for the eviction.See question
I leased a vehicle from a Toyota dealership for my grandfather. The lease loan was financed internally by Toyota Financial. The lease was set to expire on 5/24/2017. Unfortunately, I overlooked the maturity date, thinking that the automatic six...
Dear Toyota Customer:
AVVO lumped this question into the Landlord and Tenant topic. I will switch you over to a more appropriate category.See question
I have some properties overseas, the outcome of these properties has been stolen by relatives for over 20 years, taking advantage of my absence from that country, I have been trying to get something back but, it was next to impossible to get back ...
Dear New York Property Owner:
If you mean relatives skimmed income from your properties for over twenty years, then likely the embezzlement is subject to that country's or state's unique statute of limitations (as would be so in New York) and the bulk of the purloined money is lost forever.
You need a lawyer in the foreign jurisdiction. There is nothing you can do in New York.See question
Tenant has not paid rent for one year but the court has done nothing. Tenant blackmail !! Please help
Dear Brooklyn Property Owner:
What "court has done nothing"?
A landlord is never a proper person to serve a notice directly upon a tenant.
Only an NYC Marshal may serve an eviction notice. To get that far, Housing Court must enter a judgment in the landlord's favor and the chosen Marshal must secure a warrant from the "warrant clerk."See question
The landlord is selling the house and our last day is July 31st. So their realtor texted me on 7/24/17 stating that they need to do an oil tank change since it is an emergency due to it leaking but I never told them it was leaking and it is not le...
Dear Hicksville Tenant:
"Force" is not allowed except in an emergency and in that event the plumber and landlord may call for police assistance. Why push the issue? How about asking for some money to be non-observant of the bogus emergency claim?
If the tank "is leaking" there is no quick fix. See: http://www.dec.ny.gov/chemical/32263.htmlSee question
My sister in law and her husband put their home up for sale with existing tenants. A buyer took interest and put a deposit on contract. The buyer agreed to having one of the tenants stay. It is a mother-daughter home and the tenant that lives in t...
Dear Manhattan Sister in Law:
You pointed to many reasons that an attorney looking out for your family's interest as a seller is important. The buyer's attorney is in an inherent conflict. Why should the seller pay the purchaser's legal fees to evict the tenant from the portion of the house that the buyer chose to occupy. It is not a simple matter. Even had the owner started a Housing Court eviction case when the tenant did not vacate in thirty days, the tenant would still achieve a delay of a "need to move out for certain" date in Housing Court that could be months down the road. The tenant is still there because the buyer elected to accept a tenant in place although not in "his place."
Are you certain the house is a legal two family house?See question
Basically I moved into my apartment around January 1st in Brooklyn New York I had a roommate who invented the apartment with me we both received our lease from the landlord and his son my roommate moved out 2 months into the lease and left me by m...
Dear Brooklyn Tenant:
The envelope contained "a paper for court"--so what is the paper? If it is a notice of petition and petition that is a lawsuit. You cannot ignore the paper.
Depending on the form of lawsuit you will have a chance to oppose the landlord's case with an answer and defenses--designed for a nonpayment proceeding, if sued for the rent, and designed for a holdover proceeding if sued for remaining in the home after the end of the lease or tenancy.
Based on your description of events it seems to me that the paper in the envelope is a notice of petition and petition in a nonpayment summary proceeding. If the landlord did not serve the papers correctly you may make that charge a defense in the case. If you do not assert that defense when you respond to the petition then you give up that defense and it won't matter that the papers were not served properly.
Read about the tenant's response in a nonpayment proceeding here:
This is the set of rules the landlord must deal with to do this lawsuit correctly:
How do you take care of a noise disturbance issue that involves a house being illegally rented? The house it self is not in good shape with gutters falling off,birds living in the roof.
Dear Selden Property Owner:
If you have not done so already, reaching out to Code Enforcement may be a place to start your complaint against the home owner and the house tenants.