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Questions Answered by Toshinori Isoai
3 Answers | Asked in Landlord - Tenant for New York on
Q: landlord is selling the house I live in she is trying to let people come in our house to look around we are in Buffalo

New York and are in closing for COVID-19

We have told her no but now her realtor is saying he’s coming in anyway what can I do

And my landlord lives in Germany

Toshinori Isoai
Toshinori Isoai answered on Nov 23, 2020

Unless your lease says otherwise or there is an emergency situation involved, the landlord is generally allowed to enter into the premise to prospective tenants or purchasers for purposes such as repairs, inspections, installation and showing the house/apt, provided that s/he gave you a... Read more »

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2 Answers | Asked in Landlord - Tenant for New York on
Q: I have a tenant in Niagara Falls, NY with no loss of income who has only paid rent once since March 2020.

Do I have any recourse? Its November, 2020. I have not received rent since March. The tenant has no loss of income.

Toshinori Isoai
Toshinori Isoai answered on Nov 18, 2020

More information and factual backgrounds will be needed to better answer your question.

It appears to be unusual for an owner/landlord to wait this long. It's almost 8 months since the last payment. You will probably need to commence an eviction proceeding in the local court that has...
Read more »

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1 Answer | Asked in Real Estate Law and Land Use & Zoning for New York on
Q: How can I fight to contest rpa871.My neighbor is requesting to have my fence remove from on my boundary line.

I’ve lived at this property for over 10 years they recently purchased their property which is already fenced

Toshinori Isoai
Toshinori Isoai answered on Nov 17, 2020

We need more factual background to better answer your question.

If your fence height is less than the legal max and it's located on your property, then RPAPL § 871 won't help the new owner requesting for removal of your fence unless it's encroaching on his/her land.

2 Answers | Asked in Criminal Law for New York on
Q: Passed breathalyzer (of course,) failed field sobriety so officer charged me with dui based on that.
Toshinori Isoai
Toshinori Isoai answered on Nov 18, 2020

More specific factual backgrounds will be necessary for a better answer.

Why were you pulled over in the first place? Speeding? A broken tail light? Was this done part of a traffic "checkpoint" stop by the police? Roadblocks? Did you have any prescription medication in your...
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2 Answers | Asked in Real Estate Law for New York on
Q: Is there a statute of limitations on title liens in NY
Toshinori Isoai
Toshinori Isoai answered on Nov 13, 2020

The answer depends on what you mean by "title liens." If you mean liens like mortgage, there is generally no statute of limitation (SOL) of any kind. But if you mean other types of liens such as judgment liens, then certain SOL apply, but these liens are often renewable. by the lien holders.

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1 Answer | Asked in Real Estate Law for New York on
Q: hi, someone i know recently moved into an apartment with lots of mold that they didn’t know was there

they are now experiencing health problems from said mold and yet their landlord won’t release them from the lease. what can be done about this?

Toshinori Isoai
Toshinori Isoai answered on Nov 13, 2020

Assuming that this is in NY, there is an implied warranty of habitability under the New York Real Property Law § 235-b. If your landlord doesn't repair the qualified conditions, then you have the right to withhold the rent. If the filthy condition has been established as well as its serious... Read more »

2 Answers | Asked in Real Estate Law for New York on
Q: I have a weird question. Can closing/real estate lawyer steal broker commission?
Toshinori Isoai
Toshinori Isoai answered on Nov 12, 2020

"Steal" is a very strong word with various subjective meanings associated with it. You need to provide more specific factual background of your case.

If your RE attorney (usually representing the seller) is supposed to hold the commission for you, then of course, s/he will not be...
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4 Answers | Asked in Car Accidents and Traffic Tickets for New York on
Q: I got a ticket by riding electric scooter and got hit by a car. Will you be able to help me?

I have a video car hit me. Police said I hit the car

Toshinori Isoai
Toshinori Isoai answered on Nov 11, 2020

More specifics about your case will be needed. "Riding" and "electric scooter" often mean different things to different people including police officers. Other various factors will need to be considered for your potential recovery for your injuries.

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1 Answer | Asked in Real Estate Law for New York on
Q: If I put down a floor then I move can I remove it
Toshinori Isoai
Toshinori Isoai answered on Nov 7, 2020

More specifics will need to be disclosed to better answer the question. Assuming that your situation concerns New York, usually, it depends what the lease says. Sometimes you have the obligation to return the premises in the same condition as existed when leased. Sometimes, the lease says you can... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: NYC: we paid a broker fee to a real estate agency (owned by the landlord) for an apartment also owned by the landlord.

Is the fee refundable as rent overcharge? The apartment is also rent stabilized.

Toshinori Isoai
Toshinori Isoai answered on Nov 6, 2020

It's not clear from the question what "owned" by the landlord means. In New York, there must be an independent (aka arms-length) relationship between the real estate agent/broker and the owned/landlord. If you can sufficiently show that such an independent relationship does not... Read more »

1 Answer | Asked in Traffic Tickets for New York on
Q: 8 years ago, I was pulled over in my employer landscaping pickup( no trailer).Got 3 tickets !

8 years ago, I was pulled over in my employer landscaping pickup( no trailer). I was running late that morning and he surprised me with a vehicle I never drove before which was preloaded with equipment. My License was suspended for this got suspension lifted before paying fine .Pick up truck had... Read more »

Toshinori Isoai
Toshinori Isoai answered on Nov 6, 2020

Why did you get pulled over? None of the tickets is a moving-violation. Dirty license plate? You can fight the tickets if the original traffic stop is illegal (and you will need a lawyer for this).

If not fighting, explain respectfully, without "I'm the victim, this is not...
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1 Answer | Asked in Traffic Tickets for New York on
Q: I received a speeding ticket but the officer did not put how fast I was going or the speed limit. Can it be dismissed?

In the violation part of the ticket it just says speeding over limit

Toshinori Isoai
Toshinori Isoai answered on Nov 5, 2020

It CAN be dismissed.

2 Answers | Asked in Landlord - Tenant for New York on
Q: In Nassau County New York how many days does the landlord have to notify the tenant that he is selling the house?
Toshinori Isoai
Toshinori Isoai answered on Nov 4, 2020

If there is any clause/section in the lease that allows our landlord to terminate the lease upon transfer of ownership with XX day notice to the tenant, etc, then the clause will control.

If none, assuming that your lease concerns a usual, non-regulated house (one family house, etc) and you...
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1 Answer | Asked in Traffic Tickets for New York on
Q: Can a cop bring up a traffic violation that he did not write you a ticket for in court?

So I was on the highway and was pulled over for speeding and failure to use turn signals and for my tints. The cop did not give me a ticket for speeding and gave me a ticket for failure to use turn signals and tints. If i plead not guilty and go to court can he bring up the fact that I was speeding... Read more »

Toshinori Isoai
Toshinori Isoai answered on Nov 4, 2020

Signal violation (VTL 1163) is an independent violation. Unless you have also been charged with reckless driving (VTL 1212) or following too closely/tailgating (VTL 1129), etc, the fact of speeding itself will not be relevant to your signal violation.

3 Answers | Asked in Business Law, Civil Litigation and Landlord - Tenant for New York on
Q: Wife has a business, opened in March. Roof leaks whenever it rains. What rights do she have against landlord?

She hosts young children for early life education through a variety of programs. Whenever it rains, it pours through the ceiling with video proof. She has to cancel classes, refund parents and as a new business risks families going else where. What can she do to make the landlord fix the roof? Or... Read more »

Toshinori Isoai
Toshinori Isoai answered on Oct 28, 2020

From the description in the question, it appears that the space involved is a commercial one. It's recommended that your wife or her attorney reviews the existing lease and see if there is any term that requires the landlord to maintain the building affecting your wife's space.

In...
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2 Answers | Asked in Landlord - Tenant for New York on
Q: Can a landlord or owner ask pre-screening questions before scheduling a tour of a unit? If so, what can they ask?

When I call to set up a tour of an apartment, some people ask about my income, credit, number of people living with me etc. Seems unnecessary to have to answer these when I don't even know if I like the unit yet. What is the legality to them pre-screening on the phone?

Toshinori Isoai
Toshinori Isoai answered on Oct 27, 2020

In NY, landlords can ask these questions lawfully. They cannot ask some personal questions such as religion, national origin, age, etc. They cannot ask if you are married and have kids, but they can legitimately ask you how many people will be living in the apt unit.

These questions can...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: Can I withhold rent from my landlord if he is aware of a rodent issue & doesn’t do anything about it?
Toshinori Isoai
Toshinori Isoai answered on Oct 26, 2020

The answer to your question will be " depends...", but if the rodent infestation has been established as well as its serious interference with your living, and your landlord knows about it, probably you can. There is an implied warranty of habitability under the New York Real Property Law... Read more »

1 Answer | Asked in Civil Rights, Real Estate Law and Land Use & Zoning for New York on
Q: Can I be imprisoned and fined $1000 for putting a dumpster in my driveway for 10 days! Im being discriminated

No one else in town has to be fined it even says so in an article the town put in the post journal! It is my first offense and they stated that no fines for first time offender I have a dumpster so I can dispose of things because I’moving and a trailer that I put unwanted things in to take to the... Read more »

Toshinori Isoai
Toshinori Isoai answered on Oct 26, 2020

I don't know where you reside, but dumpsters are often regulated at a local/township level. Some cities have ordinances that require you to obtain a "dumpster permit" even if it will be placed on your private property. You may want to contact your local/city/municipal township for... Read more »

2 Answers | Asked in Traffic Tickets for New York on
Q: Can a cop search my vehicle over speeding ticket and suspended licence

When I asked about it he said he would handcuff me and tow the vehicle I was polite and just wanted to know my rights. I live in ny

Toshinori Isoai
Toshinori Isoai answered on Oct 23, 2020

The answer depends on the facts and circumstances of your case. Generally, a traffic stop/violation itself does not suffice for the officer to search your vehicle.

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2 Answers | Asked in Traffic Tickets for New York on
Q: I was driving home from work on the I90, 10/22/20 I was doing 80mph in a 65mph zone and issued a ticket.

The ticket was issued in the town of Brant NY. I was in the left lane overtaking a vehicle in the right.

1) The trooper that issued the ticket set a date for 6 days from the issue date.

Is that allowed?

2) The NYS trooper was not wearing a mask while approaching the... Read more »

Toshinori Isoai
Toshinori Isoai answered on Oct 23, 2020

1) Yes.

2) They are suppose to wear masks for certain exceptions. However, the officer's non-compliance will not help you as a defense for the speeding charge.

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