Elaine Shay's answer You may have a number of defenses to the case the new owner has commenced. It wouldn't be surprising if the new landlord hopes you are not well informed about those possible defenses and that you can be pushed out without providing as much compensation as previously discussed. If you are represented and can put up a strong defense, it wouldn't surprise me if the financial offer you were presented with increased to something more attractive to you.
Paul Looney's answer You have a fact dispute, whether you paid rent with NSF funds. Get your proof from your bank. Take the notice to the landlord and try to resolve the matter. The whole thing will end up in Justice Court if you cannot resolve it with the landlord. Yours is a question of "proof", not "law". Settle the facts on your side and this should go away.
Gregory L Abbott's answer IF she won't go voluntarily, your only other option is to file in court to have her removed. The exact details control exactly what/how you file but essentially it is either for an eviction or an ejection. The goal of both is similar but how you get there legally is very different, as if the time and cost. Neither are a do-it-yourself project so you need to simply review everything in detail with a local landlord-tenant attorney and go from there. Good luck.
Aubrey Claudius Galloway's answer It depends on two things generally: 1. What the lease says (the lease is binding); and, 2. Who pays the water bill (you or the landlord).
If the lease is silent on the issue then he may only limit your water usage if he pays for it… However, if you offered to pay the difference the law of equity would allow you to do so. Basically, he can limited the usage for sure only if it is in the lease; he can probably limit the usage if he exclusively pays for it, but if you offer to pay or...
Aubrey Claudius Galloway's answer Yes. Call me or another Landlord / Tenant / Civil Litigation Attorney (someone who knows how to do a trial) and we will take care of it. In this sort of case I would do a free phone consultation and or a free in person consultation and would require a flat rate of $620 to get you back the security deposit and rent. Depending on the venue r in this sort of case I would do a free phone consultation and or a free in person consultation and would require a flat rate of $620 to get you back the...
Charles M. Baron's answer Your mother needs to IMMEDIATELY go to Court for a restraining order, also called domestic violence injunction. Based on your description, the Court will likely immediately issue a temporary order requiring him to leave the premises while the case is pending. She does NOT need an attorney to do that, but it would be good for her to have one. If she cannot afford a private attorney, she must go to the local Legal Aid office. The Court will sort out the issue of the lease in due time.
Christie Tournet's answer Not if a notice of damages with an itemized statement of the damages v. the amount of your security deposit was not initially sent by Lessor within 30 days of termination of lease.
Donald C Eby's answer You can evict the tenant for failure to pay rent and/or breach of the lease by allowing additional occupants. Either way, the first step is to post a legally sufficient Demand for Compliance or Possession. If you are unfamiliar with the process you may want to hire an attorney to help you, many attorneys handle evictions on a low flat fee.
Arthur Calderon's answer Under the relevant statute, if a person does not pay their rent, then the landlord can begin the eviction process by giving them a three-day notice to pay rent or vacate the premises.
Donald C Eby's answer Seems like a very complicated factual situation. You should contact an attorney and ask for an in office or telephone consultation so that you can have a conversation about the facts and how a judge may apply the law.
Mr. Michael O. Stevens' answer I would say you are correct, as technically you can take the money and then stay, you then just have to pay it back later: "If, within 45 calendar days after a Tenant receives an Increase Notice indicating a Rent increase of 10 percent or more within a rolling 12:month period and a Tenant provides written notice to the Landlord of the Tenant's request for Relocation Assistance (the "Tenant's Notice"), then, within 31 calendar days ofreceiving the Tenant's Notice, the Landlord shall pay to the...
Gerald Barry Dorfman's answer Civil Code section 827 only applies to, " ...leases ... from week to week, month to month, or other period less than a month..." It does not apply to a one year lease. ignoring this type of thing doesn't usually make it go away. If you can afford a lawyer letter, get one. If not, write yourself, quoting the language from Civil Code section 827, pointing out that you currently have a year lease still in effect, and demanding they pay the utilities.
Elaine Shay's answer In New York, for most ordinary negligence claims the statute of limitations is three years. If your deductible is less than $5,000 you can use Small Claims Court to sue for money damages in New York City.
F. Paul Maloof's answer You will need to petition the Court in the city or county where the premises is located and ask the Judge to make a determination about who is right regarding the residential lease.
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