Your correct... The Tenant Protection Act of 2019 requires security deposits be refunded within two weeks. Unfortunately, the Courts are closed to non-essential matters. As a result, if you wanted to commence a case, you will probably not have an opportunity to do so before the security deposit... View More

You are certainly not alone in being a party to a real estate contract that has been impact by the COVID crisis. The options available to you depend upon the exact terms of your written contract of sale. Although I'm sure you have an attorney representing you in the transaction, it would be... View More

Generally, the individual named as executor files the Petition to probate the Estate with the Surrogate's Court. If the Executor fails to act in a timely manner, a beneficiary may instead be entitled to file.

Since the property is in Puerto Rico, you should post your question in an area with attorneys from that jurisdiction.

If the transfer by the Trust is not a different disposition than what the Estate would have made, you may be able to find a title company to insure the transaction provided all would be beneficiaries of the Estate consent and waive possible objections.

As the courts are closed to all but essential business because of the COVID19 health crisis, there is probably not much hope a having this issue addressed by the courts in the near future. Practically speaking, the type of problem you are describing is difficult to address even without a health... View More

Generally, a lender will have no reason to remove you from the obligations of a mortgage until the loan is fully satisfied as a result of a sale or refinance.

Generally, there is no limitation on whom you can designate as your POA. Practically speaking, the seller or more frequently the lender involved in the transaction may have limitations as to what types of POA is acceptable.

Signing a contract/lease with different terms than have been previously represented is never a good idea. Generally, if a lease has not yet been executed by both parties, it is not considered a binding contract yet.

Instead of worrying about whether the concessions will actually be... View More

Assuming you are asking about a personal injury case. Hopefully your daughter has no injuries besides the prick from the needle. In that case, most personally injury attorneys would be uninterested in the case because damages are calculated based upon the extent of an injury. Generally, damages... View More

That depends upon whether your father left a will or died intestate (without leaving a will). If there is a will, it controls the distribution of your father's assets. If there is no will, a proceeding call an administration can be commenced in Surrogate's Court and the wife and... View More

Yes, when a lease is renewed, a landlord is entitled to ask for an increase in the security deposit being held. The landlord is permitted to hold a maximum of one month's rent for security.

As the COVID-19 crisis continues and because eviction proceedings are currently suspended, many landlords are becoming more flexible in renegotiating lease terms in both residential and commercial settings. It's possible that your landlord will be more open to negotiations as time goes on.

Technically, most leases do not allow a tenant to apply a security deposit to the last month of rent. This makes sense because a security deposit is intended to protect a landlord for the cost of damages to the apartment. If it is used for last month's rent, a landlord would then have no... View More

It would be better to post your question about how to find information about property ownership in a board for Puerto Rico where the property is locate. If you intend to file to probate/administer your father's estate, the proper place to file will depend on where your father resided at the... View More

When a lender assigns a note and mortgage, the debt remains with the borrower even if the property is sold subject to the mortgage.

Rent Stabilized tenants do not have the right to sublet without a landlord's prior approval. If you sublet a Rent Stabilized apartment, as a subtenant you do not obtain succession rights to that apartment. If the tenant of record elects to surrender possession to the landlord at the... View More

Security deposits are essentially escrow deposits that can only be used under certain conditions and are limited to one month rent by Tenant Protection Act of 2019 so unlikely your proposal would be allowed.

It would be irresponsible to provide you with a definite answer to your question without reviewing your actual lease and rider(s); however, can provide you with general information about leasing in New York. Unless a lease conditions the duration of the lease term on external events, like... View More

Condolences on the loss of your father. If the only assets are CDs and the accounts have named beneficiaries, you may not need to file to Administer the Estate but may instead be able to file as beneficiaries.