Boundary Disputes and When to Hire a Lawyer
Tell us a little about your firm and the areas of law you practice. David A. Kaminsky, Esq. has been in private practice since 1985. The firm is composed of Principal Attorney David A. Kaminsky and “Of Counsel” Attorneys Ron Kaplan, James A. English and Maureen Neff. David A. Kaminsky & Associates, P.C. is a […]
Lost Lease
Q. My family has been living in a rent controlled apartment since around 1968. My grandmother, who passed away, was the original tenant. Now my mother holds the lease. The landlord is forcing stipulations on my family, claiming that the stipulations are in the lease agreement, but I am suspicious because he isn’t the original […]
How to Break Your Lease and Get Your Security Deposit Back: A NYC Tenant's Guide Rights
A lease is a binding contract. If either party of a lease violates the lease, they become subject to varying penalties under law. There are certain situations, in which tenants can “break” their leases and still retain their security deposits. This depends on the circumstances regarding the termination of the lease, how quickly tenants’ landlords […]
So Your Landlord's Selling Your Apartment? A Guide to NYC Tenants' Rights
Landlord-tenant laws in New York City are complicated. If your landlord is selling your property or apartment building, you could be forced to move. Read this article for a guide to your rights when your landlord wishes to break the lease in order to sell your apartment. It is not uncommon for landlords to want […]
When a Roommate Fails to Pay His Share
Q. At some point my roommate, who is on our apartment lease, intends to move out. When she does, I will have to replace her. Is there anything I can do to prevent myself from incurring financial liability and having my credit score damaged if a new roommate fails to pay his or her share of […]
Defining the 'Super'
Q. Is a property owner required to hire a superintendent for a New York City residential building, or can a maintenance company serve the same function? If a superintendent must be hired, how close to the building must the super live? A. David A. Kaminsky, a Manhattan real estate lawyer, said that under the city’s Housing and […]
A Guide to NYC Tenants' Rights Post Hurricane Sandy
As a result of Hurricane Sandy, many apartment buildings in New York City are now uninhabitable due to flooding, power outages, and physical damage. Many tenants have been displaced from their residences and forced to seek shelter elsewhere until their residences became habitable again. These tenants, some of who still remain homeless, are concerned about […]
Residential Lease Primer
After 28 years of experience as a real estate attorney I have seen all shapes and sizes of residential leases. The problems landlords and tenants encounter as a result of incorrectly drafted leases cannot be overstated. Both landlords and tenants make assumptions thinking that little mistakes will not make a difference, and that their rights […]
What You Need to Know when Renting from a Single Unit Owner
The housing market in New York City is forever evolving. The traditional rental market is tight and many New Yorkers are now renting a coop or condo from a single unit owner as an alternative. When this happens, difficulties can arise because these property owners are not professional landlords and, to be honest, don’t always […]
Helping a Relative Rent an Apartment
Q. A member of my family is trying to rent an apartment, but nobody will rent to him because of his low credit rating. Is it possible for me to sign the lease for him? He will live in the apartment and pay rent. I will not live with him, since I already have an apartment […]