Questions answered by Steven Warren Smollens

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I am located in NY and recently found out that my landlord has been renting me an illegal apartment for the last 1.5 years. HELP

Steven's answer | Answered on March 19, 2014

Dear Brooklyn Tenant: The heat is not adequate because the apartment is not legal as a residence. Calling 311 may bring an inspector to your...

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Article 78

Steven's answer | Answered on March 19, 2014

Dear Mt. Kisco Litigant: No. Only in the New York Supreme Court. http://civilservice.sheerinlaw.com/sheerinlaw.com-Article_78_eBook.pdf

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Can landlord refuse lease assignment saying 'short-term' leases are not allowed?(despite an assignment clause in lease)

Steven's answer | Answered on March 19, 2014

Dear New York Tenant: Unless the lease provided a greater right to "assign" than the statute, the statute controls an assignment of a lease. The...

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I was subletting, left before the end of the lease term as per agreement with leaseholder. Now he is refusing refund me deposit

Steven's answer | Answered on March 18, 2014

Dear New York Subtenant: The tenant likely illegally converted your security deposit. You could not "sublet" a room in another person's...

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Can my landlord's attorney personally serve a Notice of Petition and Petition on a tenant for landlord tenant court?

Steven's answer | Answered on March 18, 2014

Dear Ithaca Tenant: The attorney may serve the notice of petition and petition. In some situations that is a good strategy to avoid a dispute...

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I have parked in my driveway for the past 35 years do I have the right to the driveway

Steven's answer | Answered on March 18, 2014

Dear Brooklyn Parker: After 35 years is there an issue now?

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What could happen if you illegally sublet a room in your apartment?

Steven's answer | Answered on March 18, 2014

Dear New York Tenant: A New York tenant is entitled by law to a legal roommate. Is there a special reason to choose an illegal sublet over a...

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If my landlord is unresponsive to a rodent issue, can i hire an exterminator myself and withhold rent to cover the cost?

Steven's answer | Answered on March 17, 2014

Dear NYC Tenant: New York State and New York City do not have a "repair and deduct" statute Taking matters into your own hands with the...

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How long do i have to hold tenants property after a complete eviction police even posted on here door that things had to be rem

Steven's answer | Answered on March 17, 2014

Dear Geneva Landlord: You really need to ask your own attorney. New York State law does not set any upper time limit on how long a gratuitous...

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Am I in an illegal sub-division apt. , if so how much time will I have to move out-Brooklyn NY?

Steven's answer | Answered on March 17, 2014

Dear Brooklyn Tenant: Based on your information alone, the owner may have created an illegal apartment. An illegally divided ground floor...

Steven Warren Smollens's Answers (26296)

I am located in NY and recently found out that my landlord has been renting me an illegal apartment for the last 1.5 years. HELP

Article 78

Can landlord refuse lease assignment saying 'short-term' leases are not allowed?(despite an assignment clause in lease)

I was subletting, left before the end of the lease term as per agreement with leaseholder. Now he is refusing refund me deposit

Can my landlord's attorney personally serve a Notice of Petition and Petition on a tenant for landlord tenant court?

I have parked in my driveway for the past 35 years do I have the right to the driveway

What could happen if you illegally sublet a room in your apartment?

If my landlord is unresponsive to a rodent issue, can i hire an exterminator myself and withhold rent to cover the cost?

How long do i have to hold tenants property after a complete eviction police even posted on here door that things had to be rem

Am I in an illegal sub-division apt. , if so how much time will I have to move out-Brooklyn NY?