New York Questions & Answers

Q: Can a tenant waiting to be evicted bring in squatters on you property in order for them to be on your when their leave

1 Answer | Asked in Landlord - Tenant for New York on
Answered on Jul 17, 2018
Elaine Shay's answer
If a tenant permits another person to move into the apartment, this person would be considered a licensee and not a squatter. Generally, a licensee invited into the apartment by a tenant when a judgment of possession has already been issued will find him/herself evicted along with the tenant.
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Q: Hello, How can I confirm my mortgage's note holder? 4 different owners since 2003; Last lien recorded in 2012.

1 Answer | Asked in Real Estate Law for New York on
Answered on Jul 17, 2018
Michael David Siegel's answer
ACRIS, the NYC registry, will tell you the holder. However, the servicer will be on your credit report. May not be the same.
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Q: Is it illegal for realtor to sell house with a known violation from the towns code enforcement dept w/o inform buyer

1 Answer | Asked in Real Estate Law for New York on
Answered on Jul 17, 2018
Michael David Siegel's answer
Yes. A realtor represents the seller, not the buyer.
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Q: Can landlord withhold security deposit for landscaping issue when not in the lease?

1 Answer | Asked in Real Estate Law for New York on
Answered on Jul 17, 2018
Elaine Shay's answer
Since the terms of the lease define your rights and obligations, no attorney would be able to give you an answer to your specific situation without reviewing the lease and any riders. Depending upon the amount of the security deposit being retained by the landlord, these disputes typically wind up in Small Claims Court
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Q: I have a question regarding my store rental. I signed a contract just over 2 years ago...

1 Answer | Asked in Business Law for New York on
Answered on Jul 17, 2018
Michael David Siegel's answer
If you have the standard store lease, you owe the amount in the lease. Do not risk eviction over $1200. While it is not a default, now that it has been demanded, you owe it. If you pay, get a letter that explains the deal and that there is no default.
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Q: Need clarification on wording of real estate legal agreement

1 Answer | Asked in Real Estate Law for New York on
Answered on Jul 17, 2018
Michael David Siegel's answer
It depends what the documents say, and when the deed was recorded. The "agreement" may not be enforceable depending on how it was drafted. Also, does your mother have an estate. If not, you should be administrator to cut off your sister from doing so.
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Q: If you made a plea bargain with Attorney and DA can a potential Probation Officer over rule plea bargain?

1 Answer | Asked in Criminal Law for New York on
Answered on Jul 16, 2018
Michael D. Litman's answer
Probation officers can make recommendations, but they don't overrule the judge. You should speak to your attorney directly about this to see how your judge handles the recommendations of the probation officer in the pre-sentencing report. If the probation officer writes in the report that she does not think that you are a good candidate for probation, and recommends jail instead, the judge can consider that. Speaking to your attorney will be the best way for you to find out information about...
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Q: Recently discovered mold in our ceiling It was here with the previous owner.

1 Answer | Asked in Real Estate Law for New York on
Answered on Jul 16, 2018
Elaine Shay's answer
There are restrictions on how long you have to bring a claim, called statutes of limitation, so you should act expeditiously to evaluate the situation and commence an action if you intend to do so. The contract of sale and property disclosure are important documents to evaluate your claim. Questions that will probably be asked include: What proof do you have that the mold existed when you purchased the property? What evidence is there that the prior owner was aware of the pre-existing mold?...
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Q: i own house with boyfriend, he’s on mortgage I’m not. Both on deed joint tenants. I want to sell and leave, can he sue

2 Answers | Asked in Real Estate Law for New York on
Answered on Jul 16, 2018
Michael David Siegel's answer
You can sue in what is called a partition action, where the court forces a sale. If you leave and no one pays the mortgage, the equity will soon disappear. If you are not on the mortgage, you cannot be sued to pay anything.
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Q: My father bought my husband and I a house under his name. We want it under our name and plan to pay him back. Advice.

2 Answers | Asked in Estate Planning, Contracts and Real Estate Law for New York on
Answered on Jul 15, 2018
Michael David Siegel's answer
You can record a deed to you and your husband and a mortgage to your father. The issue is that New York has a steep mortgage tax, so the amount of the mortgage will be critical.
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Q: 227a will I get my security deposit back?

2 Answers | Asked in Landlord - Tenant for New York on
Answered on Jul 15, 2018
Elaine Shay's answer
That depends.... Did you fulfill all obligations of the lease? Did you cause any damage to the property?
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Q: Can a beneficiary of an trust Estate received information of a LLc in an estate and trust of deceased family member?

1 Answer | Asked in Estate Planning for New York on
Answered on Jul 15, 2018
Michael David Siegel's answer
No. You need what are called limited letters.
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Q: I'm an amateur investor trying to start a company that invests primarily in real estate deals with friends/family funds

1 Answer | Asked in Contracts, Real Estate Law and Business Formation for New York on
Answered on Jul 15, 2018
Elaine Shay's answer
Interesting business plan but what is the question?
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Q: How much increase in rent can a landlord make after 1 year lease is up

1 Answer | Asked in Landlord - Tenant for New York on
Answered on Jul 15, 2018
Elaine Shay's answer
There are many types of rent regulation and the restrictions on renewal rent increases vary by program. However, unless an apartment is rent regulated or an existing lease otherwise restricts the landlord's rights, there is no restriction on how much a landlord can raise the rent after a one (1) year lease expires. In fact, there would be no obligation for the landlord to even offer to renew the lease.
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Q: How long does it take?

1 Answer | Asked in Immigration Law for New York on
Answered on Jul 15, 2018
Leonard R. Boyer's answer
Immigration is a very complex area of law. It is a lot more than merely filling out forms. You need to retain an immigration attorney to handle all immigration proceedings. This prevents errors that can sometimes prove costly and may even be irreversible. You should always seek to obtain the best attorney that you can afford and not let geographic restrictions stand in the way. Some immigration attorneys will charge a consultation fee, however those that do so, will give full credit if you...
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Q: What does motion to recalendar mean? What does it mean for my immigration process? If it got approved what then?

1 Answer | Asked in Immigration Law for New York on
Answered on Jul 14, 2018
Leonard R. Boyer's answer
This is something that can only be done by an experienced immigration attorney. An in person consultation would be required to determine exactly what it means in your case, but it could be positive, if it is granted. Immigration is a very complex area of law. It is a lot more than merely filling out forms. You need to retain an immigration attorney to handle all immigration proceedings. This prevents errors that can sometimes prove costly and may even be irreversible. You should always seek to...
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Q: after 20 years how do i get it removed from my properity? lien on my home in albany ny

2 Answers | Asked in Real Estate Law for New York on
Answered on Jul 14, 2018
Michael David Siegel's answer
It depends on the type of lien and the status of the underlying claim that caused the lien.
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Q: Can the cops legally search your car in a DUI stop?

1 Answer | Asked in DUI / DWI for New York on
Answered on Jul 13, 2018
Michael Charles Cimasi's answer
At a DWI stop, most jurisdictions have the defendant’s vehicle towed or impounded. Police will often perform searches and claim they are for “inventory” purposes (so no one can claim items were lost/stolen at impound), or for “officer safety” (to ensure no weapons or dangerous materials are in the vehicle). Also, if probable cause for another crime presents (e.g. smell of marijuana), police may execute a search for the drugs. All of these searches are controlled by the Fourth...
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Q: if an individual in NYS makes out a will and has no living parents, spouse, siblings or children, is it true that his

1 Answer | Asked in Estate Planning for New York on
Answered on Jul 13, 2018
Michael David Siegel's answer
Not exactly. Genealogical information is on all petitions. When first cousins are next of kin the court requires a geneological search.
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Q: Hello, after renting apartment for almost 6 years in NY my landlord is demanding addition security payment.

1 Answer | Asked in Landlord - Tenant for New York on
Answered on Jul 13, 2018
Elaine Shay's answer
Unless you are in a rent-regulate apartment or have the protections of a current lease, the landlord is largely free to request any rent increases or other changes to your tenancy. However, a tenant certainly does not have to agree to these requests by the landlord. If the landlord and tenant cannot come to an agreement, the landlord is free to start a Holdover Proceeding to evict the tenant from the rental unit. Unfortunately, the illness of a tenant or a member of the tenant's family does...
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