Legal Question in Landlord & Tenant Law in New York

My wife and I are separated and I'm currently filing for divorce. She still resides in the apartment I rented. Lease is on my name only. She never paid or moved out, once the lease was over she asked for another month to stay while she found a new place; to which I complied by paying another month. Hold-over was started, I lost my security deposit and had to get a lawyer to represent me during these proceedings. She received order of eviction. Can I sue her for either lawyer's fees ($2,000) or security deposit? I live in NY state


Asked on 12/22/11, 8:11 am

1 Answer from Attorneys

Carol Ryder Law Office of Carol Ryder PC

Without knowing all the details (trust me, there are many even though your explanation seems complete), I can say that please remember that something like this is most easily addressed in the divorce discussions. You should have a divorce atty with financial acumen, not just legal acumen, that you can run these things by. All kinds of financial issues come into play and in a nutshell, in NY, right now, you two are essentially one entity in most things. First thing I do, after getting basic info, is have the client fill out a very detailed Statement of Net Worth which asks a LOT of detailed questions about finances, including assets, liabilities and one very impt issue often overlooked: debts where my client may not be listed on the account per se but is legally responsible. Credit checks are also critical (accounts may have billing addresses elsewhere-happens a LOT). And, although NY law now requires us to give the other side (and notify our clients) the "Notice of Automatic Orders", which is a sort of "warning" letter not to fool around with money, hide assets, run up bills beyind usual expenses and reasonable attorneys fees, this does not mean people comply. Even in so-called "uncontested" divorces, it gets nasty when money comes into play, especially when a financially-savvy attorney starts asking questions the previously in agreement couple did not consider, such as who gets the investment loss carryovers, etc. So, again, be careful and keep your divorce attorney up-to-date.

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Answered on 1/03/12, 1:23 pm


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