Get free answers to your legal questions from lawyers in your area.
answered on Aug 31, 2023
Hard copies must be filed. Respondent then has 30 days to file brief but usually requests extensions.
answered on Aug 15, 2023
She must obtain your consent unless she can show that you abandoned the child.
I live in Brooklyn, New York. How do I remove a person from my home who is not on my lease and has been staying with me for almost 1 year without paying any bills or money towards my rent. I attempted to have him removed by calling the police, but they stated since he lived with me, I could not... View More
answered on Aug 13, 2023
First you have to serve him with a 10 day notice to quit. If he doesn’t move after the 10 days you must serve him with a 30 day notice. If he still doesn’t move you must initiate an eviction proceeding
This tenant has been getting increasingly demanding and feels the property is hers, so we decided it was time for her to move. It is a 90 day notice. She is a month to month tenant.
answered on Jul 24, 2023
Certified mail is insufficient service. A 30, 60 or 90-day notice must be served in person, on a person of suitable age or discretion or nail and mail. You should not do the service yourself. You should consult an attorney if you do not know how to properly serve the tenant.
Tuition bc they base it off my husbands salary. The tuition is $18,000, I have no income and an old falling down house. Should t my lawyer give me a document stating this, so I can enroll my daughter for an affordable price. It’s also based on breadwinners salary.
My step grandma tried to make me clean up her mess that she made and I told her no and walked to my room, after that she told me dad and he threatened to beat me.
answered on Jul 16, 2023
The mother must consent to you moving with the child. If she does not consent, you must petition family court for permission to move. The court must decide if it is in the child’s best interest to move, taking into consideration at number of factors.
Present rent which is June the judge gave me till the 14 of July to pay the back owed $ on June 6 my landlord went to city marshals to get me out in 14 days my aid sent me a copy of court paper by mail with another paper saying to pay June rent on time really ?????
Never agreed to that... View More
answered on Jun 24, 2023
Generally, an agreement to pay the arrears includes a provision to pay the current rent on time. Failure to pay the current rent on time is grounds for the landlord to have you evicted. You can stop the eviction by paying all the rent you owe.
My divorce judgement was signed by the judge already, just waiting to receive it myself. There's a good chance I get it before the temporary order of protection hearing, will that affect the hearing at all? Can it turn into a criminal matter seeing as technically we're no longer family?
answered on Jun 9, 2023
The case will not turn into a criminal matter unless there was a criminal court matter.
It's a dangerous situation and I have no hot water or cooking stove
answered on Jun 4, 2023
It depends. If you own the mobile home and there is an electrical problem in the home, you are responsible for getting it repaired. If you rent the mobile home, the owner is responsible. If the problem is outside the home, the park manager or power company would be responsible for the repair,... View More
Hi. I live in New York and am interested in moving to another apt there. The new apt would be in a lower level than where I presently reside and has additional conveniences from my present place of residence. The owner of the new apt has given me a quote of one rate but in order to keep the rental... View More
answered on Jun 3, 2023
It seems that the owner is offering to rent the apt to you at a lower rent in exchange for paying for the improvements. It would be better practice for him to charge you a higher rent since he has made improvements.
The guy that signed the birth certificate. Told the kid I was her father. We want to find out. Court denied me years ago to get a DNA test.
answered on Jun 2, 2023
You will be faced with the issue of equitable estoppel. That is, if the child believes that the other man is his/her father and it would not be in the child's best interests to find out that you are actually the father, the court will will not order a genetic marker test.
I have court ordered custodial rights with my daughter, her father has a minimum of a year supervised visitation, we have joint custody. He has recently moved another woman into the house where we meet for visitation. Of the 3 times she has been present during visitation she has destroyed furniture... View More
answered on May 16, 2023
Yes. You can ask the judge to order that she not be present during the visits. Also, you might want to consider doing the visits elsewhere or have a third party supervise the visits.
I’m the daughter and lived in the apartment 54 years. My mother is 87 and in a wheelchair so cannot pay rent. We are in a very low rent rent stabilized unit.
answered on May 10, 2023
No, as long as the rent is being paid the landlord should accept it.
Tenant has been experiencing mental health crisis and had escalating conflict with housemates involving many police calls and crisis services visits. They left no contact information and there is no contact information for family. The other housemates are moving out (no penalty, it's... View More
answered on May 10, 2023
You must retain the tenant's belongings in safekeeping for a reasonable time (usually 30 days). If the tenant does not contact you to reclaim them, you may dispose of them whichever way you like.
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
First, you need to have him served with a 10-day notice to quit. If he does not leave after the 10 days, you have him served with a 30 day notice (i.e., must serve by the end of the month prior to the month at the end of which you are telling him to leave). If he doesn't leave, you must file... View More
answered on Apr 20, 2023
The Dept of Social Services must investigate whether there are any suitable relatives who may take custody of the child. If there are none, the child will be placed in foster care.
answered on Mar 12, 2023
No, it would be a conflict of interest for the same lawyer to represent all of you.
My landlord for the last apartment I was in had a security deposit of $750 dollars. I paid this and lived in his apartment for over a year on a month to month basis for the same price of $750 dollars. I found a new apartment in December of 2022 and told my landlord about this on December 26th, and... View More
answered on Feb 5, 2023
Under the law, as a month to month tenant, you were required to give your landlord 30 days notice of your intention to vacate; ie, you were required to notify him on or before November 30 that you intended to vacate by December 31st.
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.