NYC Tenant Lawyer Blog

Your First Defense When The Landlord Says Your Apartment Isn't Your Primary Residence

When the landlord asserts that your rent-stabilized lease will not be renewed because the apartment isn’t your primary residence, you receive a “Golub Notice.” This is a legal document that says because the unit isn’t where you live primarily, your landlord isn’t going to renew your lease and will sue to evict you when it expires. Fortunately, the law surrounding Golub Notices isn’t quite so cut and dried. Often, these papers fail to back up the claims of non-primary residency with any verifiable facts. In these instances, the Courts have held that the notices are invalid. The case against you can also be dismissed if the Golub Notice’s timing wasn’t right, or because it doesn’t have the specificity it requires. When that happens, the landlord usually has to give you the option of renewing your lease for one or two years, then wait until the next renewal period to serve another Golub Notice and sue you again. At that point, he or she may no longer be interested in pursuing the claim. Or circumstances may change in other ways that obstruct the landlord’s ability to bring another non-primary residence suit.

Please Note: Every McAdams Law Tenant Protection Tip and article is for informational purposes only and cannot substitute for legal advice. Before taking action, consult an experienced New York Landlord Tenant attorney about your situation. Beware that being a party in a lawsuit in New York City’s Housing Court can subject you to blacklisting. Please see more details here.

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McAdams Law
305 Broadway, Suite 610
New York, NY 10007
212-406-5145
Fax: (212) 619-0714

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Just Because the Landlord Doesn't Keep His Word, Doesn't Mean You Can Withhold the Rent

Let’s say you’re in a court battle with the landlord over necessary repairs, and you manage to hammer out a settlement. The landlord agrees to correct defective conditions by a certain date, and you agree to pay rent due. Next thing you know, the repairs are never made, or aren’t completed, or are made inadequately. Can you withhold the payment? Probably not. Settlement agreements generally bind you to paying rent even if repairs aren’t made, so you can be evicted if you don’t pay. The proper response is to go back to court and fill out documents setting forth the facts of the situation to the judge. You can obtain the appropriate forms from the Court Clerk. If your explanation justifies it, the judge will order the landlord to return to court and account for why the conditions were not corrected. You may still have to pay the full or partial rent, but the judge may require it paid into the court instead of the landlord, at least until the repairs are finished. You may also be entitled to a reduction in rent to compensate for loss of services during the delay. Generally, it’s best to have a Tenants’ lawyer draft or review your papers. If you can’t afford it, Housing Court has an attorney on staff who can provide limited assistance.

Please Note: Every McAdams Law Tenant Protection Tip and article is for informational purposes only and cannot substitute for legal advice. Before taking action, consult an experienced New York Landlord Tenant attorney about your situation. Beware that being a party in a lawsuit in New York City’s Housing Court can subject you to blacklisting. Please see more details here.

Click here to see valuable Back Issues , conveniently organized by topic.

McAdams Law
305 Broadway, Suite 610
New York, NY 10007
212-406-5145
Fax: (212) 619-0714

Attorney Advertising

Copyright 2011 McAdams Law

Help for You and Your Dependents, If You're in the Military (and Even If You're Not)

If you are serving in the military, you and your dependents have special tenant rights under New York State’s laws. These safeguards protect those who are on active duty and may not be able to appear on their own behalf.

If a dispute arises, notify the Court and let your landlord know that you are in the service, or are dependent on someone who is. The court can appoint an attorney to represent you, and delay the case for up to three months if your service has interfered with your financial capacity to cover the rent. Even if the landlord has a default judgment and warrant of eviction, you can reopen it on that basis.

If you have orders for active duty or changing stations, you can cancel your lease before it ends. You’ll need to show documents substantiating all of this.

Also, if you’ve missed a court date or haven’t responded to papers, a landlord cannot evict you without have a non-military affidavit, to prove you’re not actively serving. Lack of a non-military affidavit can sometimes even protect those who aren’t military personnel. It’s a technicality your lawyer may be able to use to your advantage.

Please Note: Every McAdams Law Tenant Protection Tip and article is for informational purposes only and cannot substitute for legal advice. Before taking action, consult an experienced New York Landlord Tenant attorney about your situation. Beware that being a party in a lawsuit in New York City’s Housing Court can subject you to blacklisting. Please see more details here.

Click here to see valuable Back Issues , conveniently organized by topic.

McAdams Law
305 Broadway, Suite 610
New York, NY 10007
212-406-5145
Fax: (212) 619-0714

Attorney Advertising

Copyright 2011 McAdams Law

Disputing the Rent Due Because of Personal Property Damage...

If substandard conditions in your apartment result in damage to your personal property, you can ask that the landlord compensate you for the losses. Your claim is that the landlord owes you money, or you are entitled to a reduction in rent, due to lack of repairs that subsequently lead to the damage. For example, let’s say there’s a leak in the ceiling, and dripping water has ruined your kitchen table or a rug. Or perhaps a flood has made your sofa unusable. Frequently, law suits or insurance claims are necessary to obtain compensation in these instances. Court action can be expensive and may not be worthwhile unless the cost to fix or replace your possessions is significant. However, if you’re fighting with the landlord over rent due or needed repairs, these issues can be raised as a defense and counterclaim to the landlord’s demands for rent. Make sure that the defective condition and the affected property are listed in your papers, along with the cost of refurbishing or replacing the items.

Please Note: Every McAdams Law Tenant Protection Tip and article is for informational purposes only and cannot substitute for legal advice. Before taking action, consult an experienced New York Landlord Tenant attorney about your situation. Beware that being a party in a lawsuit in New York City’s Housing Court can subject you to blacklisting. Please see more details here.

Click here to see valuable Back Issues , conveniently organized by topic.

McAdams Law
305 Broadway, Suite 610
New York, NY 10007
212-406-5145
Fax: (212) 619-0714

Attorney Advertising

Copyright 2011 McAdams Law

When to Pay the Court if Your Landlord Won't Accept Rent...

Landlords sometimes refuse to accept payment of rent as a way of improving their chances of evicting you. In most Housing Court lawsuits for back rent due, unless there are adequate defenses, judges require either all or most of the arrears to be paid. If the landlord has obtained a judgment against you for past due rent, you will have to pay it within five days to avoid eviction. Get a receipt for your timely payment of the full judgment amount, or have proof that you sent it to the landlord, to be received before the five-day deadline expires. If the landlord does not accept payment or cash your check, you should immediately bring it to the attention of the court. In that instance, it would also be a good idea to get advice about your particular situation from a Tenants’ lawyer. In some cases, if you can show that the landlord isn’t accepting payment, it may be best to pay the amount due into court with a certified check, bank check or money order made out to the New York City Department of Finance. In this way you can stop the landlord from obtaining, or having a City Marshal execute, a warrant of eviction. You may still have to take additional steps in court to halt the eviction, but at least you will have the critical evidence you need for a judge to authorize it.

Please Note: Every McAdams Law Tenant Protection Tip and article is for informational purposes only and cannot substitute for legal advice. Before taking action, consult an experienced New York Landlord Tenant attorney about your situation. Beware that being a party in a lawsuit in New York City’s Housing Court can subject you to blacklisting. Please see more details here.

Click here to see valuable Back Issues , conveniently organized by topic.

McAdams Law
305 Broadway, Suite 610
New York, NY 10007
212-406-5145
Fax: (212) 619-0714

Attorney Advertising

Copyright 2011 McAdams Law

Use the Nonpayment Answer Program

Here's a free online service to assist New York City tenants with non-payment cases. The program asks you a series of questions about your case, then prints out a chart and set of fact sheets to help you make an oral answer in court to papers you’ve received. Go to this page at the Law Help Interactive site.

This is not a substitute for legal advice, but is best viewed as a starting point for getting some helpful information you can use in court. In general, oral answers can be problematic because you are relying on court personnel to record your responses. A more effective strategy is to have a written answer prepared that fully and accurate reflects your position.

Of course, it’s best to have a knowledgeable Tenants’ lawyer prepare your papers, but if you can’t afford representation, the online system may offer some useful help and information. Keep in mind though that it’s not the kind of assistance you would get from an attorney.

Please Note: Every McAdams Law Tenant Protection Tip and article is for informational purposes only and cannot substitute for legal advice. Before taking action, consult an experienced New York Landlord Tenant attorney about your situation. Beware that being a party in a lawsuit in New York City’s Housing Court can subject you to blacklisting. Please see more details here.

Click here to see valuable Back Issues , conveniently organized by topic.

McAdams Law
305 Broadway, Suite 610
New York, NY 10007
212-406-5145
Fax: (212) 619-0714

Attorney Advertising

Copyright 2011 McAdams Law