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I am transferring the ownership of a jointly owned home to a trust via a warranty deed. The home was previously owned jointly with my deceased spouse, and their interest was transferred to me as outlined in the will. Do I need to include my deceased spouse as a current owner on the deed for this... View More 
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answered on Jun 11, 2025
Was his Will probated? If it was then you are the owner if Husband owned anything to convey. More than likely you take as the surviving spouse, not through the Will Devise. Whatever the case, apparently you are the owner and should convey the property to the Trustee of the Trust. Absolutely... View More
I own a property in Brooklyn, NY, with a lodger who has been living there for 2 years without paying rent. I have no lease agreement with her and have issued a 30-day eviction notice. I've also filed the necessary paperwork with the court. Is the eviction process in NYC generally easier for... View More
answered on Jun 9, 2025
Dear Brooklyn Property Owner:
If you do not have an attorney and you do not go to court, the judge will dismiss the eviction lawsuit.
There is no such thing as a 'thirty-day notice' anymore in New York. The law changed in 2019. Your lodger was entitled to a minimum of... View More
I recently purchased a house and discovered during inspection that it has lead paint and a lead main water line. The tenant has been living there for two years and previously refused HPD emergency access for lead abatement, citing difficulties in moving furniture. I have hired a certified... View More
answered on Jun 8, 2025
Dear Brooklyn Home Owner:
Whether the tenant has grounds to sue or not does not mean that even if the claims are baseless, there won't be a lawsuit. It is a good idea to work out a strategy with a lawyer rather than wing it, since if access is denied, you will need to go to court.
I am in the process of purchasing a property with a tenant who has not paid rent for the past two years and occupies only one room. The eviction process has already started in court but has been postponed twice. The tenant does not have a lease agreement. The current landlord has asked her to... View More
answered on Jun 8, 2025
Dear Brooklyn Property Owner
Yes and maybe No. The question is best directed to your attorney. Your ability to substitute as Petitioner for the current owner may be real but the ability to succeed is only as good in the future as it is now. Only your lawyer right now is able to provide... View More
I had a leak in my shower ceiling that led to the ceiling falling apart. Despite informing my landlord, he did not fix it for over a week. He then allowed me to repair it myself. I deducted $400 from my rent to cover the repair expenses and have our text message exchanges as documentation. However,... View More
answered on Jun 7, 2025
Dear Albany Tenant
The best method is to hire a lawyer. But we all know that the lawyer will cost more than $400
00.
This leaves you with multiple less effective options. You çould sue in Small Claims Court. But you will need to find out how the local court will use the... View More
I served my tenant with a 30-day eviction notice since she has been residing at the residence for less than a year. However, she refuses to leave, and the 30 days have expired. I haven't taken any legal action beyond serving the notice but have attempted to hire a lawyer. The tenancy is... View More
answered on Jun 7, 2025
Dear Bronx Property Owner:
I would guess that your tenant refused to take the offer because she knows through the grapevine that the eviction proceeding in Bronx Housing Court could take as long as one year to conclude and for that entire time because of the mandatory assignment of counsel... View More
I'm entering settlement talks with my co-op board, which I believe is corrupt. The issues involve breach of fiduciary responsibility and disgorgement. The board has used apartments for financial gain through illegal sublets and short-term rentals like Airbnb. They’ve obstructed my right to... View More
answered on Jun 7, 2025
I gather that this is an HDFC cooperative. Does HPD retain a supervising or oversight role? Generally, if a court ordered restitution to the coop from the unfaithful directors, there would be a monetary judgment against each one, as well as a referee report detailing the computation of what each... View More
I own a property in Onondaga County, New York, and I've been trying to address repair issues that the tenant reported. However, the tenant has refused access, and this has been ongoing since January, leading to eviction proceedings. I contacted both Syracuse and Town of Onondaga code offices.... View More
answered on Jun 7, 2025
The court with jurisdiction to enter an access order for repairs would be the same court where you initiated the eviction proceeding. Generally, all New York State real property actions and proceedings are "territorial," which means the real property must be within the territorial... View More
I received a debt summons related to past rent three days ago. I haven't made any attempts to contact the party that issued the summons. Can ignoring this debt summons potentially lead to an arrest?
answered on May 27, 2025
Generally, debtor prisons do not exist in the USA. But there is a disturbing trend in some states to reverse two hundred years of progress:... View More
In New York, I need to remove a deceased individual and a living person from the deed of a residential property, which has no mortgages or liens. The living person consents to be removed. How do I proceed with adding a new person to the deed?
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answered on May 23, 2025
To change the ownership of a property deed in New York after the death of one owner and with the consent of a living owner, you must follow specific legal steps. The process will depend in part on how the current deed is titled and whether the deceased owner’s interest passed through a will,... View More
My tenant and I verbally agreed to extend a one-year lease without signing a new written agreement. They've been paying rent via direct deposit monthly, from the 1st to the last day of the month. The tenant sent a 30-day notice on May 4th, stating they intend to vacate by June 3rd, citing New... View More
answered on May 20, 2025
Dear Manhattan Landlord
New York State Real Property Law Section 232-b is not a statute that relates to tenancies in New York City.
A NYC tenant is not required to provide advance written notification to end the month to month tenancy. In order to avoid owing the entire rent due... View More
I'm facing a notice of termination for my apartment lease due to material non-compliance, specifically non-payment of rent for April and May and repeated late payments. The lease is scheduled to end on 5/31/25. I haven't been offered any options to address the owed rent or negotiate terms... View More
answered on May 16, 2025
You reside in a city where the New York State Good Cause Eviction Law impacts certain tenancies and restrains the landlord's authority to terminate tenancies and refuse to renew leases. It is impossible to determine from the statement you provided if the landlord served the proper written... View More
I have been granted an uncontested divorce, but my ex-husband refuses to leave the property, which is legally in my name. There are safety concerns regarding his presence, and attempts to resolve the situation amicably have failed. No legal agreements were set during the divorce, and we have one... View More
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answered on May 18, 2025
I understand how frustrating and stressful it can be to deal with an ex-spouse who refuses to leave your property after a divorce. Since your divorce is uncontested and the property is legally in your name, you have several legal options to address this situation under New York law.
First,... View More
I have been granted an uncontested divorce, but my ex-husband refuses to leave the property, which is legally in my name. There are safety concerns regarding his presence, and attempts to resolve the situation amicably have failed. No legal agreements were set during the divorce, and we have one... View More
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answered on May 16, 2025
The answer to your question about your husband leaving the marital home should have been answered in the divorce documents. Assuming you were awarded sole ownership of the marital residence, or exclusive use and occupancy, there should have been a vacate date for him. If he will not leave, your... View More
I am considering buying a property with HPD lead violations in Brooklyn, NY, and it includes tenants. I plan to live in the property and want to understand the implications. The current owner has ongoing efforts to resolve these lead violations, but I'm concerned about the potential costs,... View More
answered on Jun 8, 2025
Dear Prospective Purchaser:
You could connect with an NYC-licensed lead paint abatement contractor to at least secure an approximation of the expense to clean the house and make it safe for you and your tenants.
You really should encourage your attorney to assist you. I expect that... View More
I have been dealing with unresolved issues in my apartment since 2019, including mold, plumbing problems, and rental breakdown. Despite reaching out to my landlord numerous times, these issues remain unresolved. I have also contacted Code Enforcement multiple times and have all the notices... View More
answered on May 20, 2025
Dear Bronx Tenant
Yes. A special lawsuit exists in New York City that allows a tenant to sue a landlord for repairs. This is the HP Proceeding. A tenant is entitled to go to court without even waiting for violations issued by the HPD Office of Code Enforcement.... View More
I have been dealing with unresolved issues in my apartment since 2019, including mold, plumbing problems, and rental breakdown. Despite reaching out to my landlord numerous times, these issues remain unresolved. I have also contacted Code Enforcement multiple times and have all the notices... View More
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answered on May 16, 2025
The answer to this question is tricky. Are you speaking about simply the "conditions" of the space, or personal injuries suffered as a result of those conditions. If you are speaking about personal injuries, you should certainly contact an attorney to investigate the causal connection... View More
I have been living with my best friend in his rent-controlled apartment in NYC, NY, for 13 years. We shared expenses equally for rent, utilities, and other bills, and even faced housing court together with my name on related stipulations. After my friend recently passed away, I'm seeking to... View More
answered on May 16, 2025
Dear Potential Successor Tenant:
Are you certain about the rent regulation status of the apartment? Rent Controlled tenants had to be in a landlord and tenant relationship in the apartment before June 30, 1971. You should look up NYC Rent Control Tenancy Succession rights. Usually, the... View More
I am listed as a tenant on an original lease that became a month-to-month lease after the first year. I have recently moved out after purchasing a condo, but my roommates are staying in the apartment. I have been directly paying the rent for several years and am listed as a tenant. My roommates... View More
answered on May 16, 2025
Dear Brooklyn Tenant:
It seems you hope to bring about a stealth tenancy. Generally, when the tenant of record moves out, Roommates do not have any legal ability to succeed to the rights of the tenant, and could be evicted by a court of competent jurisdiction.
"...6. No... View More
I live in Syracuse, NY, and my mother passed away in 2020 without a will. I was appointed as the administrator of her estate by the surrogate court and have received letters of administration. I filed for full administration on February 13, 2024, and it's been 14 months now. There are no... View More
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answered on May 21, 2025
I’m sorry for your loss, and it is understandable that you want to ensure everything is handled properly with your mother’s estate. Since you have been appointed as the administrator by the Surrogate’s Court and received letters of administration, you are the person legally authorized to... View More
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