Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

I have a landlord tenant question, Ny, yonkers, Yes eviction…

Customer Question
I have a landlord...

I have a landlord tenant question

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Ny , yonkers

Lawyer's Assistant: Has anything been filed or reported?

Yes eviction marshall 72 hour notice

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

This case many discrepancies that i will like to share with lawyer

Submitted: 4 months ago.Category: Landlord-Tenant
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 1 minute by:
3/10/2018
Lawyer: barristerinky, Attorney replied 4 months ago
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 42,500
Experience: Attorney over 17 years, landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

Has the eviction already been through the courts?

.

And the 72 hour notice has already been posted, correct?

.

What is your legal question I can help with?

.

.

thanks

Barrister

Ask Your Own Landlord-Tenant Question
Customer reply replied 4 months ago
My daughter went to court for the rent months of december 2017 and january 2018 , before court date she paid january rent, decembers rent was going to be paid by dept social services , went she went to court told judge about the january rent and also told judege that she sent a form to be filled by landlord before the end of january , when my daughter requested landlord to fill form she sent with januarys rent the landlord refuse to fill form and texted my daughter that he was not in any obligation to fill form( bad faith) from landlord. My dughter proceeded to pay another months of rent which landlord credited to the month of february and not december . There for landlord use the court to say she didnt pay december and proceded to have marshall serve with eviction 72 hour notice . We are going to submit an order to show cause to stop marshalls eviction notice. What are the adds to stop eviction 72 hour notice and whats the best way to proceed with the landlord bad intentions . I also had a good communicatin thru text messages in the oast with landlord and i texted him that it was on everybodies best interest to fill dss form so he can get paid which he did not answer me after that text. Please tell best way to go about this.obviously landlord had bad intentions that he did not fill form and also credited 2 month rent sent after the jnuarys payment.
Lawyer: barristerinky, Attorney replied 4 months ago

t the landlord refuse to fill form and texted my daughter that he was not in any obligation to fill form( bad faith) from landlord.

.

Unfortunately, the landlord doesn't have any legal duty to help a tenant take advantage of any assistance programs if he doesn't want to. So if he doesn't want to go to the trouble of filling out forms for a subsidy program so he can get paid, that is his legal right..

.

As for accepting the rent, he should have applied any rent that he accepted to the oldest rent due first. So if February rent wasn't due yet, that money should have gone to pay Dec. rent.

.

So if you have filed an order to show cause to stop the eviction, she needs to focus on the fact that the rent she paid should have been applied to the Ded rent instead of Feb and the landlord misrepresented the situation to the court to get the eviction order..

Ask Your Own Landlord-Tenant Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask barristerinky Your Own Question
barristerinky
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 42,500
42,500 Satisfied Customers
Experience: Attorney over 17 years, landlord 26 years

barristerinky 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

42,500 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,264 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

1,295 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 have a person who does have a week to week rental
I have a person who does have a week to week rental agreement in place (state of oregon) beginning january 13, 2018 til now. It was a week to week rental, i technically live there as well altho im gon… read more
Lori
Lori
Juris Doctor
1,806 satisfied customers
Im in NY, city of yonkers. My daughter had a court date in
Im in NY , city of yonkers . My daughter had a court date in january to pay december and january , before she went to court she sned the money for january rent , department of social services gave my … read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,264 satisfied customers
What state are you located. Texas - no I own a rv park and
texas - no I own a rv park and need the exact statues and penal codes for eviction … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
After a judge grants a landlord a warrant for eviction, can
After a judge grants a landlord a warrant for eviction, can a 72 hour eviction notice be served on a minor in the state of NY? If so, is there any way to get an extension through the weekend?… read more
Maverick
Maverick
Doctoral Degree
6,136 satisfied customers
I have a Tennent who just paid the rent and the check
I have a Tennent who just paid the rent and the check bounced they have done this many times before (Approx 6) IThe apt they rent is in Staten Island NY which is one of the 5 boros of NY In order to s… read more
Delta-Lawyer
Delta-Lawyer
Doctoral Degree
3,510 satisfied customers
Proper procedures to evict a tenant (month to month), non
Proper procedures to evict a tenant (month to month), non payment of rent. And to complicate, individual is former girlfriend of landlords son, who also resides at rental property.… read more
barristerinky
barristerinky
Attorney
42,500 satisfied customers
We are a small business subleasing a commercial space.
Hello, We are a small business subleasing a commercial space. Apparently mastertenant did not pay rent to the landlord and the premises were shut down by marshall with landlord being in legal possessi… read more
KLAW
KLAW
Juris Doctorate
2,253 satisfied customers
Condo Owner Sub-let apartment in Rockaway, Queens, NY. Lease
Condo Owner Sub-let apartment in Rockaway, Queens, NY. Lease says tenant is responsible for gas and electric. Owner gave her 3 months to put utilities in her name and then turned it off. Tenant turned… read more
barristerinky
barristerinky
Attorney
42,500 satisfied customers
Dear Law Educator, The sale of my house has been assigned to
Dear Law Educator, The sale of my house has been assigned to a "Receiver" by the Court since my divorce has not gone well and my ex has not been cooperating with anything. Can you tell me what how the… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I served my tenants with a notice of eviction and a notice
I served my tenants with a notice of eviction and a notice to pay rent in 3 days or quit on May 14, 2015. The eviction gave them until July 31st to leave. The Notice to Pay was ignored and July 31st h… read more
Christopher B, Esq
Christopher B, Esq
Attorney
Juris Doctor
1,816 satisfied customers
My tenant is three months behind in rent. He paid $600 rent
My tenant is three months behind in rent. He paid $600 rent on July 1, and agreed it was to be applied to his April rent. Can I evict him now for failure to pay rent in May, June and July? With a 72 h… read more
barristerinky
barristerinky
Attorney
42,500 satisfied customers
I own a house in which I rent a furnished room. The tenant
I own a house in which I rent a furnished room. The tenant has no lease and owes over 1500$ back rent. They have not paid weekly rent in over a month and changed the lock on their door without giving … read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I have a working section 8 tenant who is not paying rent and
I have a working section 8 tenant who is not paying rent and is not working, gone to court to get her evicted and also had the marshals serve her eviction notice. We are losing losing money every mont… read more
barristerinky
barristerinky
Attorney
42,500 satisfied customers
Hi, My name isXXXXX am so worried about my situation
Hi, My name isXXXXX am so worried about my situation now. I signed a one year leasing contract with 63rd LLC and rent one studio from Sept. 28, 2011 to Sept. 28, 2012. I started to sublet my studio to… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
fOR 5 star law only.Hi. Me again. It is now 17 days and I
fOR 5 star law only. Hi. Me again. It is now 17 days and I haven't heard anything from my hand driving landlord. It seems too good to be true. He's cost himself over $1100 so far. Is it possible that … read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
Question regarding State of NY tenant law: 1. my daughters
Question regarding State of NY tenant law: 1. my daughter's boy friend "sub-leased" his apartment (with landlord consent) for one month to a gentleman 2. he did pay the rent in advance, but, it is now… read more
BizAttorney
BizAttorney
Attorney
Doctoral Degree
1,658 satisfied customers
The heat in my apartment is broken and the landlord knows
The heat in my apartment is broken and the landlord knows about it but feels it's only cold because we still have an air conditioner installed. Am I allowed to break my lease because of this? I live i… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I am a landlord in Westchester County. I just won an
I am a landlord in Westchester County. I just won an eviction for non-payment. It looks like the family will not be moving as they claim poverty. I plan to have the Marshal put them out. I have heard … read more
Tina
Tina
Doctoral Degree
83 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