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Questions Answered by Victor M. Feraru
1 Answer | Asked in Criminal Law for New York on
Q: There’s an order of protection placed, then the person has a change of heart and trying to withdraw it, how this be drop
Victor M. Feraru
Victor M. Feraru
answered on Sep 1, 2022

It depends on whether this is a civil or criminal order. The answers really depend on a lot of factual circumstances and the venue it's placed in.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Landlord of rental building will not provide storage for items required to be removed from balconies during facade work.

The landlord of our rental building has informed us that exterior facade work under Local Law 11 will be performed for an undisclosed period of time. They are requiring tenants to remove all items from balconies during the entire time period, however long that may be (and in NYC, this could mean... Read more »

Victor M. Feraru
Victor M. Feraru
answered on Sep 1, 2022

You should engage an attorney who will work this out for you. It sounds like an issue of the landlord simply playing on people's weaknesses.

1 Answer | Asked in Child Support for New York on
Q: Can a noncustodial parent choose not to work full time?

My daughter’s father has a job working only 8 hours a week and he claims he provides a free public service of digging rocks and minerals and donating them, which he claims is at $20/hr loss to him and he really sells them “under the table” where the paper trail doesn’t lead back to him. I... Read more »

Victor M. Feraru
Victor M. Feraru
answered on Sep 1, 2022

Why haven't you retained counsel to handle these matters? Your attorney would be best suited to walk you through this information! Generally, it depends on what the temporary support order details.

1 Answer | Asked in Criminal Law and Federal Crimes for New York on
Q: Penalties for violation of the Federal, Food, Drug, and Cosmetic Act(FDCA), 21 U.S.C. Subsection 331(A)?

In receipt of psilocybin, microdose, from Canada to New York. The package was confiscated at US Customs but repackaged and delivered to the residence. Then a few days later a notice was received saying, ..."You will be receiving correspondence from our fines, penalties, and forfeitures branch... Read more »

Victor M. Feraru
Victor M. Feraru
answered on Sep 1, 2022

You should definitely be consulting an attorney. This appears to be what is known as a controlled redeliver.

2 Answers | Asked in Criminal Law and Domestic Violence for New York on
Q: How do I get an ongoing Criminal Court Order of Protection dropped by an ADA?
Victor M. Feraru
Victor M. Feraru
answered on Sep 1, 2022

There are a number of ways to attempt to get an order of protection dismissed or modified. Your question would require a bunch of facts be described before you could have a real answer from me. I often help in these matters.

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3 Answers | Asked in Divorce for New York on
Q: do i need a lawyer to file for a divorce
Victor M. Feraru
Victor M. Feraru
answered on Sep 1, 2022

I agree with my collegue. Many, including myself, make the process of divorce cost-effective and a lot less painless. The Court prefers attorneys do the work.

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3 Answers | Asked in Family Law and Child Custody for New York on
Q: I have an order of protection against my girlfriend, but would like to be able to see my baby. How can I do it?

We had a domestic dispute last fall and she stabbed me. This was in Auburn NY. I have since moved back to the Bronx. She had our baby in June. She is in touch by text with my mom, but not me. She is open to visitation but in March, the judge in Auburn finalized an order of protection for 5... Read more »

Victor M. Feraru
Victor M. Feraru
answered on Sep 1, 2022

You would retain counsel and get a carve out to visit the children. You should consider speaking to, and retaining counsel.

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: Can the leasing manager say no to add a roommate in NYC?

I signed the lease in NYC. I asked to add my boyfriend as a roommate, and the leasing company said I could not add him because I already signed the lease.

The lease says it could be used as a residence only for myself and my immediate family, who has been living. But I thought the NYC... Read more »

Victor M. Feraru
Victor M. Feraru
answered on Jun 28, 2021

The roommate law absolutely applies.

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1 Answer | Asked in Landlord - Tenant for New York on
Q: If my landlord is selling the house I am living in, how much notice does he have to provide me before having me move out

I have lived at the property for over 6 years. I am located in New York. I am on a month to month lease. My lease has not been renewed since after the first year I have lived here.

Victor M. Feraru
Victor M. Feraru
answered on Apr 2, 2021

At least 90 days. This is a situation that is prime for a buyout.

2 Answers | Asked in Landlord - Tenant for New York on
Q: Can my landlord require that I pay next mont rent and keep my security deposit. My lease is up 3/31/21 .

My lease is up and I have not renewed it. Just need I month to move into new place

Victor M. Feraru
Victor M. Feraru
answered on Mar 17, 2021

You'll have to pay for the extra month. However, there will be no keeping of the deposit. There are strict rules about that.

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1 Answer | Asked in Landlord - Tenant for New York on
Q: My landlord makes noise plays loud music smokes weed. Can i sue her for all rent my mom is ill and need peace and quiet?

Before moving to the apartment she told us no noise and she wants people who don't smoke drink loud parties etc. She also wants us to hang out with her and her family we said " no besides its covid19." We moved in because we desperately needed an apartment. Two weeks in she started... Read more »

Victor M. Feraru
Victor M. Feraru
answered on Feb 25, 2021

Maybe. It would be better to have an attorney write a letter providing notice and withholding rent while you save. You have use and occupancy, so it will be hard to claw back any serious money. Definitely consult an attorney.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Our tenant in New York is consistently very late (2-6 weeks) paying rent. We are selling the house.

How can we encourage her to pay the rent before we close, and what should we tell the buyers about this difficult tenant? Her lease runs through August, at which point the buyers intend to take possession for owner occupancy.

Thank you!

Victor M. Feraru
Victor M. Feraru
answered on Jan 29, 2021

So it depends! You may just want to elect to eject or evict the tenant—or work something out with the tenant. There are too many options and variations to write here. Consult with an attorney in NY. I handle these situations regularly!

3 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for New York on
Q: hi. i have an 11 month old daughter. i would like to leave my husband because he's verbally abusive. can i do that?

i live in new york and i have been married for a year and a half. our daughter is 11 months old. i cant live with my husband any longer due to his anger problems towards me and her. he is very verbally abusive and he grabs my child way from me. am i allowed to take my daughter and leave to my... Read more »

Victor M. Feraru
Victor M. Feraru
answered on Jan 3, 2021

You’re going to need to get an emergency order of protection. Can you call law enforcement to get it or get a temp order in court.

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2 Answers | Asked in Landlord - Tenant for New York on
Q: I was wondering if my landlord can change my locks on my apartment and not let me in because i turned off my electric.

Its was a month to month so no lease. I payed my rent for the month and started moving some of my things into a storage unit and my landlord changed my locks even though i have 2 weeks left in my rent

Victor M. Feraru
Victor M. Feraru
answered on Dec 16, 2020

No he/she cannot. Immediately call 911 at the apartment and provide the officer's your landlord's information.

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2 Answers | Asked in Estate Planning, Real Estate Law, Elder Law and Probate for New York on
Q: Estate Law Question I am a beneficiary for two properties of my late relatives.

I am a beneficiary for two properties. One of the properties I currently live in and the deed is half in my name. The other half is in my late relatives name. The second property I am owed half from the sale of the administrator. No wills were left from my late relatives. I went to mediation and... Read more »

Victor M. Feraru
Victor M. Feraru
answered on Dec 1, 2020

Did you go at this along, representing yourself? I need a lot more information before I can give you a better answer. There are too many what if's.

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1 Answer | Asked in Landlord - Tenant for New York on
Q: My tenants lease expired in July 2020. They haven’t paid the last 3 months. What are my options to remove them?

We both agreed that the tenants would pay on a monthly basis. The tenants have not paid a dime of rent for the past 3 months and refuse to pay now because they say they are protected from the covid 19 relief. What can I do? I am sick of being a landlord and really just want to sell the house. Can I... Read more »

Victor M. Feraru
Victor M. Feraru
answered on Dec 1, 2020

Your tenants may be protected by COVID 19 protections now, but that doesn't stop you from taking the proper steps to begin the removal process and get them financially on the hook and yourself in line to get them evicted. I would strongly urge you to evict them first and sell after. Selling... Read more »

2 Answers | Asked in Landlord - Tenant for New York on
Q: Landlord is extending next door store. I spent $$ to purchase my store. What terms to negotiate when ending lease early

Landlord is extending the store next to mine in the building she owns. I spent a huge amount of money when I bought the store. What terms should I negotiate as the landlord is pushing me to end the lease early? Thank you.

Victor M. Feraru
Victor M. Feraru
answered on Nov 30, 2020

You should definitely not act as your own attorney. You should, however, consult an attorney and explain your situation better. That'll help an attorney guide you. You should definitely be represented, here.

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1 Answer | Asked in Landlord - Tenant for New York on
Q: My property manager filed a false police report

Hi

I need your help or advice.

The property manager of our apartment has filed a false police report saying my husband attacked her, we live in Upstate New York in a town named Watertown. It a predominantly white and my husband is from the Bronx and I and Barbados. We have... Read more »

Victor M. Feraru
Victor M. Feraru
answered on Nov 26, 2020

So there are a number of ways you can get out of your lease under the circumstances you're asserting. First, this sounds like a toxic situation. You need an attorney. It sounds like there's a breach of the warranty of habitability and constructive eviction going on. However, there are... Read more »

2 Answers | Asked in Landlord - Tenant for New York on
Q: What can I do if my Mother, the landlord of a residence, used self help eviction tactics against me ? In NYS.

My Mother abandoned the house and relocated. Stopped paying the mortgage as well. Bought herself a new condo. My family and I are living in the home currently. There's a forebearance on the house, which I haven't found out since October 2020. There's utilities that aren't... Read more »

Victor M. Feraru
Victor M. Feraru
answered on Nov 21, 2020

I'm not sure you'd be successful on the distress part. However, depending on whether you've been paying rent, you may be considered a tenant and can sue to have the utilities turned back on. You need an attorney, now!

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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

Victor M. Feraru
Victor M. Feraru
answered on Nov 20, 2020

So you can definitely hold out and negotiate with the landlord to be bought out. My office deals with these kinds of matters all the time. The landlords will have to evict you if they want you out without buying you out. Consult an attorney!

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