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Questions Answered by Alex B. Pia
2 Answers | Asked in Landlord - Tenant for New York on
Q: My subtenant has an illegal sublet with Air B and B. Is this curative or can a landlord go directly to eviction?
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answered on Jun 28, 2023

The lease will largely dictate whether there is an opportunity for the tenant to cure. However, in New York City, if you are looking for a successful eviction you should have proof of multiple instances of illegal subletting, and likely provided a notice to cure. I handle these types of matters... View More

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2 Answers | Asked in Business Law and Employment Law for New York on
Q: Does my daughter, age 16, need working papers to work in our family business part time? She has graduated high school
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answered on Jun 25, 2023

In New York State (there may be additional requirements for NYC), if you are aged 14-17 you will need an employment certificate, also called working papers, in order to hold a job in New York State.

This rule covers:

High school graduates

Minors who work for their parents...
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1 Answer | Asked in Real Estate Law and Gov & Administrative Law for New York on
Q: Are there in laws that prohibit a Florida real estate developer from advertising our community in New York?

We sell vacation homes and have many clients from New York. We are thinking about participating in a property show but want to make sure its ok to advertise FL properties in New York. Our company is in Florida and so is the community that we would like to advertise. THANK YOU

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answered on Dec 1, 2023

A general concern for interstate property advertisements is whether you are in compliance with any federal/local fair housing and discrimination laws - which can vary by state and city. If you are working with a local broker your agreement should specify that they are taking on these compliance... View More

3 Answers | Asked in Landlord - Tenant for New York on
Q: I sent the new lease to my tenant over 80 days ago and there is no response how do i get my property back
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answered on Aug 30, 2023

If you are in New York City and this is a rent-stabilized unit, you will need to serve a failure to renew holdover proceeding. Feel free to contact me, as my office handles these matters regularly.

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3 Answers | Asked in Landlord - Tenant for New York on
Q: Does the law prohibit a landlord of a rent stabilized NYC building to accept one year payment in advance plus security

from a tenant who otherwise would be rejected because of insufficient credit?

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answered on Jul 14, 2023

Prepayment of rent is prohibited for both a rent-stabilized and market apartment. This would be considered a security deposit, which is limited to one month. The penalty would be twice the amount you collect. Ask your tenant to get a lease guaranty with a company that provides it.

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1 Answer | Asked in Landlord - Tenant for New York on
Q: Do lawyers provide a closing document once they have completed the task they were retained for?
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answered on Jul 14, 2023

If all your invoices have been paid your attorney should release your entire file to you upon request.

2 Answers | Asked in Landlord - Tenant for New York on
Q: Hello. We have a tenant issue in New York city. I need assistance ASAP

Good afternoon. I have a 2 family home in Brooklyn NY I currently have a tenant whom I gave notice to move out within 3 months. For the second floor apartment there has been legaly build metal staircase for the entrance, however there is another staircase inside the house that goes to the front... View More

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answered on Jun 22, 2023

The lease should govern what the tenant has access to. Unless the entrance you speak of is a necessary egress for the unit the fire department wouldn’t get involved. You should consult with an attorney to make sure your notice was properly written and served. Feel free to reach out to my office.

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1 Answer | Asked in Business Law for New York on
Q: If a shareholder chooses not to vote can those “non votes” later be used toward a candidate without a proxy?
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answered on Jun 8, 2023

The operating agreement would govern, but generally when a shareholder grants its vote to another shareholder it must be done through proxy. Feel free to reach out to my office with more detail for more specific advice.

4 Answers | Asked in Real Estate Law, Estate Planning and Probate for New York on
Q: Real Estate issue

Hi I’m reaching out for advice because I don’t know what to do. I’m currently living in a brownstone with my daughter in NYC where I was born, raised, and lived the majority of my life. It is my grandmothers brownstone who also grew up here. My grandmother, who I love with all my heart,... View More

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answered on May 31, 2023

This is a question for a probate/estate attorney. Feel free to contact me, as my office handles these types of matters regularly.

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2 Answers | Asked in Landlord - Tenant for New York on
Q: Renewal lease rent increase vs monthly rent bill

For the past two years, I have returned the renewal lease with increases both by email and US Post. The 1st year I received a counter singed copy. The send year I have not receive the counter signed copy. When I asked for it they said they didn't receive the copy I sent in the mail. So I... View More

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answered on May 26, 2023

If a new lease has not been executed then your tenancy renews on a month to month basis under the amount of rent set forth in the most recent executed lease.

However, just because they are requesting a wet signature, does not mean if you executed a copy with an electronic signature it is...
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3 Answers | Asked in Foreclosure for New York on
Q: My mothers husband owned property and they are both deceased. The property is in foreclosure. I've been contacted.

I spoke to an attorney a few years back who advised if I wanted to pursue the property I should be prepared to spend thousands & thousands of dollars which I'm not prepared to do. My question is do I just wait for everything to play out and be contacted by the courts on the outcome.... View More

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answered on May 28, 2023

This is an issue that you should explore with an estate planning / litigation attorney. Please feel free to contact me for a free consultation as my office handles probate and real estate matters regularly.

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