answered on May 1, 2023
If permitted by the By-Laws, the annual meeting may be conducted online. You'd have to be more specific about what the Board does to prevent new candidates from running. It isn't uncommon to have a hard time getting enough shareholders willing to sit on the Board.
BF is not on my mortgage. we have one child in common who is 6. he will not leave. i have been given conflicting information on how to proceed so i would appreciate any guidance.
answered on Apr 26, 2023
Generally, to evict someone that you have a "family" relationship with, you would need to commence an ejectment case in Supreme Court. Although as an individual you are not required to have an attorney, I would strongly encourage you to retain local counsel to assist you.
I put automatic payment, and I did not get it off in the last month. I have demanded the landlord to refund me back the extra rental fee for over 6 months, and I still have not received any payment. I looked it up and only deposit case is mentioned.
answered on Mar 12, 2023
You may commence a case in Small Claims Court to recover up to $10,000.
The bank said only the executor of the estate can get it. Aren’t beneficiary accounts outside the realm of the estate and the executor? My sister lived in Arizona when she passed. I live in NY. The bank account is in South Carolina (where she used to live) The executor of the estate, a friend in... View More
answered on Feb 24, 2023
Questions about Estate matters are controlled by the law of the State where the decedent resided at the time of death. Therefore, although you may live in New York, your question is better directed to attorneys practicing in the State of your late sister's residence.
Do I astart counting the day I was served? Feb 17 ?
The bank is saying we're short in escrow $400 but also trying to raise our monthly payment by $8.78 saying we can't pay the entire shortage to remain at the same payment we have. We'd rather pay the $500 we're actually short to remain at the same payment but they're saying we cannot do this.
answered on Feb 6, 2023
Generally, yes because the shortage indicates the current monthly payments you are making are not sufficient to meet the escrow obligation.
This is an email the landlord sent while I was away. Is this legal to do for him? The reason is that he have lost his key.
"We did test the boiler for the third time this morning and it started up without hesitation. I left the heat on so it should be warm when you arrive. I did have... View More
answered on Jan 24, 2023
In NYC landlords are required to obtain the tenant's consent to enter an apartment for a non-emergency reason. The method of entry is not defined.
Brooklyn New York
Stabilized rent
answered on Oct 17, 2022
Here's a link to guidance from the NYC Civil Court regarding a roommate holdover case: https://nycourts.gov/courts/nyc/housing/holdover_roommate.shtml
However, it is strongly recommended that you retain an attorney to assist you through the process.
I have a tenant who has been paying the rent. They took in a roommate who is not on the lease and had refused to pay rent as they agreed upon. Can I evict the squatter and get my locks changed?
answered on Oct 11, 2022
Tenants are permitted to have roommates but any issue between the tenant and his/her roommate is not a basis for you to evict the roommate. Depending on the circumstances, you could start a case against your tenant as well as the roommate. However, as long as you are being paid the agreed rent by... View More
I have the original paperwork for the purchase of the property
answered on Oct 9, 2022
If your father had other assets, you will need to file for an Administration in Surrogate's Court. However, if the property is the only asset, title to the property vests in the heirs by operation of law. Your interst in the property is determined based upon the other surviving relatives of... View More
July 2021 i signed a one year lease until July 2022. In June of 2022 my landlord emailed me expressing he would not be renewing it and would put me on month to month where i stated that would be no problem. 8/26/2022 he gave me a 60 day notice to move out by 10/31/2022 with no explanation. I asked... View More
answered on Oct 6, 2022
If your landlord attempts to retain your security deposit, you may sue in Small Claims Court and the Court will determine the issue.
answered on Oct 4, 2022
Unless your property is rent regulated or the rent is otherwise restricted by a housing program, there is no limit on the rent increase you can request. However, if you intend to raise the rent by 5% or more above the current rent, you must serve the tenant written notice of your intent to do so.
answered on Oct 3, 2022
Generally, unless a tenant is protected by the terms of his or her lease or applicable rent regulation program, a landlord is free to terminate a month-to-month tenancy by service of the appropriate Notice of Termination, which is 30-90 days depending upon how long the tenant has been in possession.
I had made an offer on the house and was told by My realtor that it was between me and one other if I waived the home inspection I would get the house, I asked about the roof and the realtor said that the seller said it looked good when they looked at it so now 8 months later I need a complete... View More
answered on Oct 3, 2022
Difficult case without the disclosure which generally depends on the exact terms of your contract and whether the seller actively concealed the condition. Worth a conversation with your closing attorney.
The landlord signed a new lease with my ex-partner and is trying to 'roll-over' my deposit to a lease agreement that I am not apart of. I need help getting my lease back as stated in the lease agreement.
[Update] Can you inform me of my options?
answered on Sep 30, 2022
You may sue your landlord and ex-partner in Small Claims Court for the refund of your security deposit.
My elderly father signed a contract that had no closing date. His lawyer did not tell him either. He signed the contract then instructed the lawyer to NOT send it to the buyer yet. He did so both verbally and through text. Is there any legal recourse? Is the contract valid if the lawyer went... View More
answered on Sep 22, 2022
When an attorney acts on a client's behalf, they generally do so as an agent with apparent authority to bind the party for whom they are acting as an agent. However, if the agent (lawyer) acted against your father's directions, your father may have a claim against the lawyer.
advance, I checked the plans that often. Then BOOM, they are bulldozing across the street and I get told one day “that is not an office building across the street they are building—it’s gonna be a hotel!”
WAS ALL OF THAT LEGAL?????
It’s been a few years.
Do Towns... View More
answered on Sep 22, 2022
Your concern about neighboring development is understandable. However, there is no way to provide a meaningful response to your inquiry based upon the information you have provided.
The construction manager assaulted me on the day of the inspection by the corp of engineers who issued a stop work order. This required surgery on my shoulder wrist. They have not replaced the walls since the 2017 occurrence . The kitchen is a freezer in winter and the crack meters have not been... View More
answered on Sep 20, 2022
The situation you described cannot be adequately addressed by a few words pointing you in the right direction on a resource like Justia. Instead, it would be best to consult and retain an attorney as quickly as possible since recovery for the damages you suffered may be barred by applicable... View More
I would like to evict my tenant because I don't not want to renew her lease and my daughter is having a baby and I want her to stay in the apartment I have downstairs. I own a 2 family home.
answered on Sep 20, 2022
In an ideal world you would speak with your tenant and things would move forward cooperatively. However, that frequently does not work out. Therefore, landlords are required to serve a 90 Day Notice of Termination on a long term tenant before commencing a holdover proceeding in Housing Court to... View More
Are they supposed to garnish my wages for all unpaid debt or are they supposed to make me pay half
answered on Sep 12, 2022
Generally, when a lease is signed by co-tenants, each co-tenant is responsible to the landlord for the full amount of the rent.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.