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Daniel Michael Luisi
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Claimed Lawyer ProfileQ&A
Practice Areas
- Collections
- Intellectual Property
- Business Law
- Business Contracts, Business Dissolution, Business Formation, Business Litigation, Mergers & Acquisitions, Partnership & Shareholder Disputes
- Appeals & Appellate
- Civil Appeals, Federal Appeals
- Trademarks
- Trademark Litigation, Trademark Registration
Jurisdictions Admitted to Practice
- New York
- New York State Office of Court Administration
- ID Number: 5143151
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Education
- New York Law School
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Legal Answers
141 Questions Answered
- Q. Can landlord decline to renew lease right after you have been complaining about services to the owner? Retaliatory?
- A: In New York, when a landlord terminates your tenancy within one year of lodging a complaint about the premises, you may have a retaliatory eviction defense to summary eviction proceedings in housing court. If you prevail, the petition to evict will be dismissed, and you may be awarded additional monetary compensation and attorney’s fees. Have a lawyer evaluate your case to see if you have enough evidence to support your defense and counterclaim.
- Q. Can landlord declined to renew lease right after you have been complaining about services to the owner? Retaliatory?
- A: If you have been served a notice of termination within one year of lodging a complaint with your landlord, yes, you have a potential retaliatory eviction defense under New York law. This will be a question of proof, documents, and evidence. If you can prove your case in Court, you may be able to have the case dismissed, as well as receiving an award of monetary damages and attorneys fees. There are some risks, however, and you are advised to have an attorney evaluate your case before setting a process in motion that can take on a life of its own.
- Q. Landlord is asking us to pay half of rent
- A: From a legal perspective, the amount you may or may not owe hinges on an interpretation of the lease terms, as well as background decisional law and statutes. From a strategic perspective, you will want to evaluate your goals to ensure that the likely reaction from your dispute aligns with those goals. Your landlord may commence a non-payment proceeding if you refuse to pay (whether or not it is meritorious will be determined by the court). Whether you are prepared to deal with that, is up to you. In any case, it wouldn't hurt to at least have the consultation of a legal professional to ensure that you are only taking actions likely to improve your legal position, rather than undermine it. ... Read More
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