We need clarification. Damages were caused to your personal property due to the existing mold, and you are trying to recover monetary compensation? Or you see mold in your apt, etc, which makes you sick, etc?
If the former, yes, but you need to establish all the elements to get recovery....Read more »
You will need to carefully review the terms and conditions of the contract. Generally, any personal properties must be removed out of the premises prior to the transfer of the ownership (usually the closing date) unless otherwise stated in the contract. If any non-fixture items are left on or after...Read more »
You may need to review the lease between the current owner /landlord and the month-to-month tenant to see if the occupant is a month-to-month tenant. You may want to review the expired lease between the owner and the tenant.
The best way is to have the current owner to get the tenant our...Read more »
Very likely yes. It's not about whether the landlord/owner is living in the building or space. It's about whether you are lawfully occupying the dwelling unit, has a valid lease, etc. If you are a lawful occupant, then any attempt by the owner/landlord to evict you for not-legally...Read more »
I don't see a question here, but the clause is not unique in commercial lease in NY. That's among the terms and conditions where lawyers for the parties involved negotiate vigorously for their clients.
My dog was attacking another dog at a dog park and the owner got bit in the process. A police report was filed. An ambulance came and took her to the ER. She got the ER bill. I paid for it and we signed a general release form specifying the amount that was to be paid (the ER bill). It was... Read more »
It can cut both ways. If you have a good release form executed, you should be able to use it to fight the additional demand for the expenses. On the other hand, if the terms and conditions are too "loose," then you may need to fight all the way. Since it's already indicated that the...Read more »
The answer mostly depends. Does your landlord need to block your way temporarily to make repairs, structural changes for safety for the building, etc? If not, you need to carefully review the lease as to what space constitutes the premise...Read more »
Probably not. Under New York Law, “no deposit or advance shall exceed the amount of one month’s rent under such contract.” A landlord cannot not request advance rent payments or security deposits greater than one’s
I broke the contract because I was getting away from an abusive relationship. I gave the company a 30 day notice and submitted proof of order of protections. I received a letter back stating that I was able to leave but they will stay with the deposit. Please advice.
From the question, I'm assuming that you had a lease but sent a notice to the landlord/management company and left the premises. Your lease needs to be reviewed carefully, but probably you will be deemed to have breached the contract by leaving without paying before the lease expires....Read more »
I am selling a property and the buyer was supposed to close 2 months ago. i want to call time is of the essence. What is the minimum time i have to give them legally. can it be a week or 2 or it has to be a full month?
Generally, "time is of the essence" must be stated in the contract. Was there any clause in the contract that gives some flexibility to the purchasers? NY real estate transactions can be pretty frustrating if you want to sell a property right away but the purchaser isn't into it. You...Read more »
You will need to speak with your landlord. Before you retain a lawyer and start any action out of blue, you can negotiate with him/her about terminating the lease agreement. The landlord may be entitled to a separate legal action to collect the money for your breach of the lease, but given the...Read more »
I'm guessing that you got the citation for the speeding in NYC or where your case will be heard in what's called TVB (Traffic Violations Bureau)? Plea negotiation is not allowed in TVB. So in order for you to have no impact on your license, you need to dismiss the case or get a not-guilty...Read more »
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 »
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 »
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.
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...Read more »
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.
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 »
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