Questions answered by Steven Warren Smollens

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Are there laws that require a landlord to make repairs?

Steven's answer | Answered on April 19, 2016

Dear Albany Tenant: There a statewide law known as the Warranty of Habitability. That law applies even when the landlord disagrees. Look up New...

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If I move in can I withhold rent until they finish because of breach of warranty of habitability and lack of certificate?

Steven's answer | Answered on April 19, 2016

Dear Far Rockaway Tenant: Your landlord and broker may be stringing you along since they know you need to move. Have you checked out the...

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Grilling everyday while surrounded with many houses and apartments?

Steven's answer | Answered on April 19, 2016

Dear New York Tenant: NYC Fire Department enforces the fire code for out door grilling. You did not mention the type of grills used by your...

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Removing a Commercial Tenant

Steven's answer | Answered on April 19, 2016

Dear New York Commercial Property Owner: With the lease over the tenant's defaults are not the main reason for a commercial landlord and tenant...

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How do I get my tenant to follow through with her request to break the lease now that I have another tenant ready to move in?

Steven's answer | Answered on April 19, 2016

Dear Morris Property Owner: As other lawyers pointed out to you, if a date stamped facebook message could take the place of a legal memorandum...

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If the current tenants move out eventually, can I reclassify this as a Class B converted dwelling?

Steven's answer | Answered on April 19, 2016

Dear Brooklyn Property Owner: It is safe to say you cannot do this on your own. DOB has extensive fire safety requirements for dwellings used as...

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What is the length of time that a Plaintiff has from the day of filing, to serve the Defendant in a lawsuit in NY?

Steven's answer | Answered on April 19, 2016

Dear Norwich Plaintiff: Check with your County Clerk. On top of the CPLR each clerk's office also has a set of rules to follow. Meanwhile, you...

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If she has to give up the apartment, or is evicted what recourse do i have? Can i be evicted?

Steven's answer | Answered on April 18, 2016

Dear Occupant of a Mitchell-Lama Apartment: So even with overcharging you in an unsanctioned rental of a Mitchell-Lama apartment, the tenant was...

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My question is this harassment?what do I do since apartment is illegal?

Steven's answer | Answered on April 18, 2016

Dear Bayside Tenant: A landlord is usually not entitled to rent from a tenant occupying an apartment not legal for use as a residence, but in...

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How should I proceed? I am really not sure what to do, so any help or advice would be greatly appreciated.

Steven's answer | Answered on April 17, 2016

Dear Marlton Tenant: I am an attorney licensed to practice law in New York. I do not practice law in New Jersey. I read your comment at...

Steven Warren Smollens's Answers (26296)

Are there laws that require a landlord to make repairs?

If I move in can I withhold rent until they finish because of breach of warranty of habitability and lack of certificate?

Grilling everyday while surrounded with many houses and apartments?

Removing a Commercial Tenant

How do I get my tenant to follow through with her request to break the lease now that I have another tenant ready to move in?

If the current tenants move out eventually, can I reclassify this as a Class B converted dwelling?

What is the length of time that a Plaintiff has from the day of filing, to serve the Defendant in a lawsuit in NY?

If she has to give up the apartment, or is evicted what recourse do i have? Can i be evicted?

My question is this harassment?what do I do since apartment is illegal?

How should I proceed? I am really not sure what to do, so any help or advice would be greatly appreciated.