Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

Landlord-Tenant

Locked by Customer Service - DUPLICATE

Customer Question
The specific section of law...
The specific section of law you sent does not relate to my specific issue ... there are no written rules or signed lease agreements and nothing verbally was said other then what the rent amount was and what was/was not included. Works this way for All
tenants. The issue at had is this and the information I need relates to the following: Many of the other tenants in this park have built or had someone build decks, room additions, roofs, etc to their RV. We went to do the same, add a roof to a porch through
a licensed contractor and about an hour away from completion the landlord told the contractor he had to stop work and told us it is not allowed. Now mind you at the same time another tenant was in the process of building a deck. Therefore the contractor stopped
(he didn't want to get in the middle which I totally understand) and told us to remove the structure. Although we begged the landlord to reconsider it was a fruitless endeavor and we removed it however the other construction project of the other tenant continued.
In turn we had to purchase a new complete awning set up as the old one was removed and trashed to build the roof. We are now out financially the cost of the built roof which never materialalized due to work stoppage (we still obviously had to pay contractor
and his supplies) AND we had to pay for a new replacement awning. Therefore we are out financial about 3000 to 4000 dollars. I am afraid if we rock the boat the land lord will demand we move. Do I have any rights in this situation? Can I recoup our financial
loses in any way? can the landlord discriminate against one tenant over another? we thought about small claims court but again I have a feeling he would demand we move - can he do that, and if not how do you prevent it - is that another court? We have heard
that he has been known to take his tractor and just pull the RVs from their lots for less but people are too afraid of being "kicked out" that they don;t complain. Side note, we have not had any problems in the past years with the landlord (another words we
are good tenants, pay rent early maintain the rental property nicely, etc)
Submitted: 2 years ago.Category: Landlord-Tenant
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 1 hour by:
6/27/2015
Lawyer: Christopher B, Esq, Attorney replied 2 years ago
Christopher B, Esq
Category: Landlord-Tenant
Satisfied Customers: 3,012
Experience: Litigation Attorney
Verified
Is this the question I was working on earlier? Because that question was posted under a different name but it looks as though you were replying to me. If I am correct, see my previous answer and Real Property § 232-c.
"Holding over by a tenant after expiration of a term longer than one month; effect of acceptance of rent. Where a tenant whose term is longer than one month holds over after the expiration of such term,
such holding over shall not give to the landlord the option to hold the tenant for a new term solely by virtue of the tenant's holding over. In the case of such a holding over by the tenant, the landlord may proceed, in any manner permitted by law, to remove the tenant, or, if the landlord shall accept rent for any period subsequent to the expiration of such term, then, unless an agreement either express or implied is made providing otherwise, the tenancy created by the acceptance of such rent shall be a tenancy from month to month commencing on the first day after the expiration of such term."
This language applies to 30 days non written leases which are renewed monthly by the paying of rent (which is the exact thing you describe here and in your previous question). The landlord may evict you with 30 days notice and does not need to give a reason (see 232(c) language). If you did bring suit against the "landlord" you would be protected from eviction by New York landlord retaliation law but this would only last 6 months and I'm afraid this would not be a good long term solution for you as it seems as though you don't want to me out anytime soon. Since you don't have a written lease, a Judge will have to ascertain if your addition would be permitted under this tenancy.
New York tenants can use retaliation as a defense to a landlord’s eviction suit. The landlord is presumed to have retaliated against the tenant if the retaliation takes place within six months after:
(1)The tenant complained to the government (e.g. health department or building inspectors);
(2)The tenant sued the landlord to enforce the rights under the lease; or
(3)The tenant recovered a court judgment against the landlord for damages from retaliation, or successfully used retaliation as a defense to an eviction proceeding.
Please let me know if you have any further questions or require any additional guidance. Please do not forget to positively rate my answer as this is the only way that I am compensated for my work.
Ask Your Own Landlord-Tenant Question
Customer reply replied 2 years ago
Thanks for your reply. the other question I asked related to the "rules of the park". As month to month tenants, and with no written lease, can the landlord have a different set of "rules" for each tenant ? i.e my neighbor can build a deck with a roof, but I can;t? Isn;t this discriminatory?
Also seeing that we are renting the land and not the RV, does the landlord really have a say in what you do to your trailer/deck that you own or does the fact that it is on his property give him the right to dictate what is or is not done.
Additional question to through into the mix...I am also legally disabled, do campgrounds have to abide by the ADA?
thank you again
Lawyer: Christopher B, Esq, Attorney replied 2 years ago
With no lease there are really no set rules to the tenancy besides those laid out by New York Statute. According to the law, the landlord can terminate the tenancy with no reason. Tenants are entitled to a livable, sanitary and safe park, including all common areas, roads, and lots. Lease provisions inconsistent with this right are illegal and unenforceable. Failure to provide water, other essential services, or to repair sewer problems are examples of a violation of this warranty. Park owners may not willfully or intentionally fail to provide any services or facility once they have agreed to do so. Section 233 also set out rules:
"Section 233 of the Real Property Law
- The right to be free from retaliation if you make a complaint or join a tenant association;
- The right to a rent discount if you participate in the STAR (or any other) real property tax exemption program;
- The right not to be evicted except upon court proceedings;
- The right to a copy of park rules and regulations and a written statement of all fees at the commencement of occupancy;
- The right to have rules and regulations applied uniformly to all tenants;
- The right to be free from unreasonable arbitrary or capricious rules and regulations;
- The right to a thirty-day written notice prior to any change of rules or regulations;
- The right to a ten-day period in order to correct a violation of park rules or regulations;
- The right to a ninety-day written notice prior to increases of fees, charges or assessments; not to have rent increased more than once in any year*effective January 2, 2009;
- The right not to have rent increased more than once a year, effective January, 2009;
- The right to have your security deposit held in trust, in an interest-bearing account and to know the name and address of the bank, for parks consisting of six or more sites;
- The right prior to occupancy to sign a lease for at least a one year term;
- The right to annual lease renewal(s) to all tenants in good standing;
- The right to post a For Sale sign on any manufactured home;
- The right to reasonable notice of any planned disruption of services;
- The right to purchase a manufactured home from whomever you wish, as either a current or prospective tenant;
- The right to have essential services furnished at all times, including water, electricity and heat;
- The right to choose whomever you want as a service-person;
- The right to refuse to purchase equipment from the park owner;
- The right to be free from occupancy restrictions in park rules or leases;
- The right to sell your manufactured home without the requirement that it be removed from the park;
- The right not to pay a sales commission or fee to the park owner unless the park owner acted pursuant to a written agreement; and
- The right to a livable, sanitary and safe park under Warranty of Habitability."
So according to section 233, the right to have "rules and regulations applied uniformly to all tenants would apply in your situation" and "the right to be free from unreasonable arbitrary or capricious rules and regulations". If others tenants were allowed to build additions and you weren't this would be evidence for the Judge to consider like I mentioned before. But this does not solve you long term problem. Your "landlord" cannot retaliate if you bring suit against him/her for 6 months as I mentioned in my previous answer but after that time period according to the month to month tenancy, he could give you 30 days notice and evict you for no reason. You will have to weigh the positives and negatives of your rights under the law in order to ascertain if you do wish to file suit for this situation. You should have a cause of action according to he authority I have cited.
"The New York State Human Right Law (Executive Law, article 15) requires non-dicrimination on the basis of disability in public accommodations, including those owned by state and local government entities. Therefore, public buildings, parks, libraries, museums, tc., and any attendant services that constitute public accommodations, such as food service, camp grounds, and other accommodations open to the public, must not deny service to an individual because of disability, pursuant to Human Rights Law § 296.2, and must provide accommodation and accessibility as set
forth in § 296.2, subsections (c), (d) and (e). Complaints may be filed with the New York State Division of Human Rights for claims falling within the scope of § 296.2.
Yes it seems that campgrounds do fall under ADA regulations.
See link: http://www.labor.ny.gov/formsdocs/deod/ra-bklet-public.pdf
Please let me know if you have any further questions or require any additional guidance. Please do not forget to positively rate my answer as this is the only way that I am compensated for my work.
Ask Your Own Landlord-Tenant Question
Ask Christopher B, Esq Your Own Question
Christopher B, Esq
Christopher B, Esq
Christopher B, Esq, Attorney
Category: Landlord-Tenant
Satisfied Customers: 3,012
3,012 Satisfied Customers
Experience: Litigation Attorney

Christopher B, Esq is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

3,949 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,112 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,278 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
I rented apartment from 2016, July to moved out on 2017,
I rented apartment from 2016, July to moved out on 2017, Jul31, one year term is complete, there is mouse inside apartment,shit in the kitchen everywhere, sometimes even in my bedroom, the sink in the… read more
LegalGems
LegalGems
Juris Doctorate
10,718 satisfied customers
I have to move for a job in march. leaving 5 mo on the
i have to move for a job in march. leaving 5 mo on the lease. what can i do to minimize my cost? … read more
John
John
Attorney
Doctoral Degree
5,864 satisfied customers
The landlords boiler stopped working two days after I filled
The landlords boiler stopped working two days after I filled it with oil. The landlord know decided to go to gas and I am out 427.00. Who is suppose to reimburse me, the land lord or the oil company? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,899 satisfied customers
Landlord included language in his original commercial lease
Landlord included language in his original commercial lease that he is disputing due to month to month conversion by default because no agreeable terms could be reached for new lease. Should all origi… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I gave my property manager the termination at the end of the
I gave my property manager the termination at the end of the term.. 2/28/18 I have repeatedly asked for the contact list for my tenants. They say it is a "privacy issue" and cannot share the contact l… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
My friend is having movers get her stuff out of the rental
My friend is having movers get her stuff out of the rental in barataria Louisiana in the Jefferson Parish. At the same time she wants to change the locks and there's a guy in her place who is not a ro… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
I just found out that the building that I'm living in is
Good morning I just found out that the building that I'm living in is filed under a Cooperative dwelling and I want to know if the chairman or president of the board isn't a tenant here is that legal.… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Is landlord allowed to deduct for cleaning when excess dirt
Is landlord allowed to deduct for cleaning when excess dirt is on baseboards and in corners. … read more
LegalGems
LegalGems
Juris Doctorate
10,718 satisfied customers
I have a tenant who formally gave notice 01//18/2018
Hi. . .I have a tenant who formally gave notice 01//18/2018 breaking the lease. Tenant gave two move out dates; I sent an email asking for confirmation of which date. Tenant claims they are still on t… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,170 satisfied customers
I have a question about my rights as a tenant, I am on my
I have a question about my rights as a tenant, I am on my 3rd month of a 12 month lease in San Jose California. I have been experiencing a violent banging noise in my bathroom whenever a neighboring u… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,393 satisfied customers
I have a friend who is homeless. She lives in a camper. She
I have a friend who is homeless. She lives in a camper. She has a small dog as a companion. She wants to get into senior housing (she is over 65) but she is told to get housing she must go to shelters… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,173 satisfied customers
I was a resident in New York City for 40+ years. I left New
Second opinion] I was a resident in New York City for 40+ years. I left New York four years ago because I could not afford the rental market. I am devastated living in Florida. I am 71 years old, and … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,393 satisfied customers
Law Educator Esq, I have a problem, 1st the court denied my
Good evening Law Educator Esq, I have a problem, 1st the court denied my mold report, because it wasn't enough what I submitted, which made me angry, because I spoke to MI&T about 5 times, even the ma… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have signed rent agreement for 6 months (Feb - July) today
I have signed rent agreement for 6 months (Feb - July) today in the morning but due to new circumstances I would like to resign.A) Is it possible without any consequences ? Or B) should I rent at leas… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
I am a landlord of a small 1 bedroom apartment in
I am a landlord of a small 1 bedroom apartment in Massachusetts. Is it legal for me to refuse to rent to a parent with a partner that is there somewtimes ahd a twelve and fifteen year old that will be… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
I own a store where the tenant ( a kennel) has been for 4
I own a store where the tenant ( a kennel) has been for 4 years. His lease requires him to be insured. Recently, I asked him for his lease and he bought insurance to prove he had it - so he was not in… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
If we have had a mice infestation for over a year and we
If we have had a mice infestation for over a year and we have let the landlord know over and over. The only thing they have done is set mouse traps. The mice are still here and there are mice dropping… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,170 satisfied customers
We signed a 1yr lease and paid deposit for a home that we
We signed a 1yr lease and paid deposit for a home that we are scheduled to move into on the 29th; now the landlord wants to cancel. What are my options … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x