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Questions Answered by Gregory Byrnes
2 Answers | Asked in Landlord - Tenant for New York on
Q: If dust is left behind on the wall from pictures being on there can my landlord take out of my security

And charge me for the whole wall to be painted

Gregory Byrnes
Gregory Byrnes answered on May 16, 2020

It depends, but if it is normal "wear and tear", it should not have been deducted.

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1 Answer | Asked in Health Care Law, Insurance Bad Faith and Landlord - Tenant for New York on
Q: What is a landlords responsibility if a tenants apartment is uninhabitable due to health violations?

My bathroom ceiling is dripping meriatic acid due to an upstairs neighbor pouring it down the drains. The entire apartment filled with smoke due to the chemical reaction when in contact with metal. What is the protocol for a situation like this? Is it the landlords responsibility to provide us with... Read more »

Gregory Byrnes
Gregory Byrnes answered on May 13, 2020

Your landlord should fix the issue. Your first step should be to let your landlord know so they can fix it.

3 Answers | Asked in Landlord - Tenant for New York on
Q: New York State - when exactly are security deposits required to be placed in an interest bearing account?

I currently own one 4-unit building and plan to purchase additional properties in the near future, all in NY. From what I gather in the responses, the 6-unit law pertains to an individual building, not the total number of units a landlord owns, correct?

Also, I read that if the deposit... Read more »

Gregory Byrnes
Gregory Byrnes answered on May 6, 2020

If the building has 6 or more residential units, they are required to keep the deposit in an interest bearing account. New York General Obligations Law Section 7-103.

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2 Answers | Asked in Business Formation and Business Law for New York on
Q: Should I form my own LLC or Operate under my Father?

My Dad is in MI, and is the owner of a trucking LLC. The authority though is out of Service. Since he already has the LLC and he is open to me brokering freight under the business name, I figured it would eliminate a step for me forming a new LLC. Doing some research on that however is creating... Read more »

Gregory Byrnes
Gregory Byrnes answered on May 4, 2020

If you want to operate a foreign (out of state) LLC in New York you need to domesticate (register) it in New York. Many of the same requirements apply to registering foreign LLC's in New York as they do to forming new ones. Whether it is wise to take over his LLC is dependent on too many... Read more »

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1 Answer | Asked in Landlord - Tenant for New York on
Q: I have a female tenant. She is the only one on the lease.Her son came ,I thought to visit her,so I thought. He moved in

Live in N.Y

Gregory Byrnes
Gregory Byrnes answered on May 3, 2020

She has to have her son live there. https://www.nysenate.gov/legislation/laws/RPP/235-F

1 Answer | Asked in Landlord - Tenant for New York on
Q: Is my lease binding in new york city if my landlord never signed my lease and never returned me a copy of the lease?

I filled out the lease in February and sent it via email, my move in date was in March. It is now May and I have not received a copy of the lease and my landlord never signed it.

Gregory Byrnes
Gregory Byrnes answered on May 3, 2020

Without more details it is difficult to asses, but it is unlikely if you haven't taken possession.

1 Answer | Asked in Landlord - Tenant for New York on
Q: In a landlord tenant case in December, 2019 the parties were issued a Stipulation Agreement, rent-$400/month, due 15th,

vacate premises on or before May 31, 2020 after which I can petition Marshall removal. These tenants left to stay with their family im Baltimore on March 12 and have sent me rent up until April 15th. My question: in light of the eviction moratorium and the fact these people are out of town, should... Read more »

Gregory Byrnes
Gregory Byrnes answered on May 1, 2020

It depends on the terms of the stipulation and without more facts, it is difficult to determine whether acceptance of rent would reinstate the tenancy. You should review RPAPL § 711:

"The tenant continues in possession of any portion of the premises after the expiration of his term,...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: WNY 3 Tenants moved to parents’ homes. NO security deposit balance due. Can my notice be emailed to them within 14 days?

They were students-left a mess. Took down hardwired smoke alarms (do I have any monetary recourse for that, since it’s a requirement for me to have them installed?) I do have a No Smoking fee in the lease.

Gregory Byrnes
Gregory Byrnes answered on Apr 30, 2020

You have obligations to follow under General Obligations Law Section 7 with respect to drawing down on a security deposit. You must follow those rules exactly. As far as serving a 14 day notice (rent demand), it's unlikely that service would be valid by email.

1 Answer | Asked in Civil Rights for New York on
Q: Is is legal to shoot my bb gun in my own backyard for aiming practice in nyc i live in the bronx
Gregory Byrnes
Gregory Byrnes answered on Apr 29, 2020

NYC Admin Code § 10-131:

"Air pistols and air rifles; selling or possessing. 1. It shall be unlawful for any person to sell, offer to sell or have in such person's possession any air pistol or air rifle or similar instrument in which the propelling force is a spring or air,...
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1 Answer | Asked in Foreclosure, Real Estate Law and Public Benefits for Texas on
Q: How do I get percentage commission without getting a realtor for the sale of a friend's home that I sold .

I did a friend a favor and I got a buyer for her home on a mortgage short sale.

Mortgage company guidelines state she needs a realtor to sell her home.

I am not a realtor or licensed .

Yet how do I go about it to get that 6% commission from mortgage company?

What... Read more »

Gregory Byrnes
Gregory Byrnes answered on Apr 29, 2020

I don't practice Texas law, however, you probably can't get a commission legally because you need to be licensed either as a real estate agent or broker. You could look into whether it is permissible to receive a finders fee in Texas: https://legalbeagle.com/8579336-texas-finders-fee-laws.html

1 Answer | Asked in Business Law, Real Estate Law and Land Use & Zoning for New York on
Q: Is it feasible to open a home business in NY as a recording studio that takes up less than 25% of my home?

Hello, I am looking to start a home business in NYC. I researched and it seems to be possible under the Multiple Dwelling Law, due to the creative nature of the business (a home recording studio for music producers). It will take up less than 25% of my home and only one person will be in at a time.... Read more »

Gregory Byrnes
Gregory Byrnes answered on Apr 28, 2020

This is a relatively in-depth question that would need some research and additional details from you. You would need to check building rules, bylaws, zoning, multiple dwelling law compliance (if applicable), rent regulatory rules (if applicable) etc. Most likely though it is not permitted if you... Read more »

1 Answer | Asked in Real Estate Law for New York on
Q: I want to rent out my 2 bedroom single family house in ny state. How many people can live there?

For Onondaga county.

Section 245 f says if two people's names are on the lease, then a total of 4 can live in the house, is this correct?

Gregory Byrnes
Gregory Byrnes answered on Apr 28, 2020

This varies throughout the state based on what municipality you live in. You should check you local building code and rent regulations.

3 Answers | Asked in Real Estate Law for New York on
Q: My original question asking about evicting a disabled college student has an addendum.

I obtained a court Stipulation Agreement in December, 2019 directing tenants to vacate on or before May 31, 2020.

Gregory Byrnes
Gregory Byrnes answered on Apr 23, 2020

Did the stipulation call for a warrant and a judgment? If not, you will need to return to Court to obtain one. However, you will be unable to do so until the Courts re-open the moratorium on evictions in lifted.

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3 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: What shall I do?

I have rented my apartment last December in a coop I have a lease and in the rider specifically states that the <<sublessee waives any rights or benefits which may be derived from section 226 of the real estate property law nor the provisions of the emergency sublessee Protection act nor the... Read more »

Gregory Byrnes
Gregory Byrnes answered on Apr 22, 2020

As stated by other respondents, there is little you can do at this point. Courts are not accepting new proceedings at this time. However, you should start taking action to prepare notices (known as predicate notices) required by law so that you can commence the action right away. Relevant... Read more »

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1 Answer | Asked in Business Law for New York on
Q: Hello! I was wondering what type of license do you need to sell non alcoholic beer in NY State. Can you help me?
Gregory Byrnes
Gregory Byrnes answered on Apr 19, 2020

Hi, one of the better sources in New York to use is the New York business express program: https://www.businessexpress.ny.gov/app/bw/startnewbusiness .

2 Answers | Asked in Contracts for New York on
Q: If a car dealer wont take a car back at the end of a lease am I responsible for the car?

The car dealers are all closed during the pandemic and as a result are not excepting cars with expiring leases. As a result they want me to insure the car and leave it in my driveway until they open. I'm not willing to insure their car after my contractual obligation to do so has ended. I have... Read more »

Gregory Byrnes
Gregory Byrnes answered on Apr 16, 2020

To add on to other comments, read your lease and see what the terms are. It could possibly cover this situation.

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5 Answers | Asked in Contracts and Real Estate Law for New York on
Q: I’m a seller, we’re in contract (contingent on finding new home) however, due to the corona we can’t . Can we cancel?

I’m a seller, we are selling our home and have been in contract for a few months. We did receive a down payment. The contract is contingent on finding another home, however we have not been successful and the Corona pandemic has halted the search. We want to pull out of the deal and return the... Read more »

Gregory Byrnes
Gregory Byrnes answered on Apr 15, 2020

If your contract has a contingency for finding a replacement property that should be enough to cancel provided you made a good faith effort to find the replacement property (what is considered a good faith effort is during a stay at home order is unknown). There maybe other clauses in the contract... Read more »

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1 Answer | Asked in Intellectual Property, Land Use & Zoning and Criminal Law for Kansas on
Q: are parking lots private property in missouri? Asking in regards to dumpster diving/ abandoned property.

My friend was walk through a parking lot and a cop approached her telling her to stay out of all parking lots because they are private property. We dumpster dive and want to remain in standing with the law.

Gregory Byrnes
Gregory Byrnes answered on Apr 14, 2020

Yes. However, there is a gray area because they can be available to the public for their appropriate use (ie. using Walmart's parking lot to purchase goods at Walmart). Additionally, dumpster diving is also also a gray area and can be private or public depending on the jurisdiction and... Read more »

1 Answer | Asked in Real Estate Law for New York on
Q: I purchased a home where $5,000 was kept in escrow for the owner to submit paper work to take care of the back deck

Which did not have a permit. I recently found out from my town that there are a couple other things in my house such as the front bay window that does not have permits for. I’m confused how the sellers lawyer and my lawyer did not know or how could sell a home without it not having all permits up... Read more »

Gregory Byrnes
Gregory Byrnes answered on Apr 13, 2020

Caveat Emptor! You should read your contract and see what is says and whether there are any representations and warranties as to any work performed. Attorneys generally are not going to review all renovations made to the house to confirm they were done legally. This is closer to a due diligence... Read more »

1 Answer | Asked in Child Support, Civil Rights and Constitutional Law for Arizona on
Q: Is their an attorneywith guts enough to take on csp

I'm looking for a law firm of non emasculated males and non feminist females who are willing to take on child support services, for the reckless endangerment they pose against people in the arrears by garnishing, disaster relief funds in a time of crisis. This shows negligence in the that... Read more »

Gregory Byrnes
Gregory Byrnes answered on Apr 12, 2020

Generally, if you are able to afford an attorney in your jurisdiction you should be able to locate one. If you can, I recommend searching for attorneys in your area and speaking with them directly to determine whether they are the right fit.

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