New York Real Estate Law Questions & Answers
Q: Security deposit. What is the limit for small claims court in west Chester county? Can I sue for triple damages?
Limit is $3000. Triple damages are for the deposit not being in a segregated account, which is different than withholding it. But you can add that in.
Q: Security deposit
Just sue. You can use the address you have for the defendant. It is small claims under $5000 for New York City, and you do it yourself.
Q: What to do if my ex friend (not on our lease) does not leave in 30 days as she has been informed she should?
You are going to have to bring a holdover petition in landlord tenant court to do this the right way.
Q: When i sell a main home that was a rental property for 2 years before i sold it, in which i am eligible to have t sectio
Call a CPA or tax lawyer and run this alternative plan by them--before you make a huge mistake.
Q: My mother wants her name off a deed to heir land and wants to transfer it to me. How do we do this?
The law and procedures for transferring real property vary between the different states so this question is better posed to a North Carolina attorney.
Q: Can another offer on a home/property be accepted once a purchase offer has been accepted, and documents signed?
Simply put, it depends. Once you have entered into a contract to purchase property, a seller cannot simply backout because a better offer comes along. However, the issue is at what point you have an accepted offer that results in a binding contract. To evaluate your specific situation, a lawyer would need to review the exchanges that took place and advise you accordingly.
Q: A former tenant is threatening to sue because they believe I overcharged them for a repair.
Answered on Apr 10, 2019
Anyone can sue anyone if they pay the filing fee. You also need the lease that says you can charge for repairs of this kind. Nothing in your post suggests a counterclaim.
Q: My former landlord (NY) has not returned my security deposit or responded to a certified letter. How should I proceed?
You are going to have to sue. Whether it is small claims or higher depends on the amount.
Q: Mortgage holder will not give an answer as to partial lien release. All paperwork submitted 12/2018. "Under review"
A partial release is not required to be given unless the mortgage requires it. It usually is not. You may need to refinance by mortgaging the remaining parcel only.
Q: We have 3 mos left on our lease & the landlord won't share any details re security deposit (3 mos). Can we draw it down?
If you want to not pay rent for three months as a strategy, you can. You risk an eviction case being filed, but it will not likely be resolved in three months. But you would have to answer any summons.
Q: regarding housing and landlord
Answered on Mar 25, 2019
Generally, the most appropriate forum to demand repairs in a landlord/tenant situation is in Housing Court through an HP Proceeding. It would be unusual, costly and most probably substantially slower to try to commence a case in Supreme Court to compel repairs.
Q: Can you sew a home seller if you find it had unpermitted small addition added and layout changes since c of o drawings?
If you closed already, no. Your title company should have found these issues, and if critical to you, your lawyer should not have closed.
Q: I am a buyer. I need to cancel signed purchasing real estate contract and get deposit back.
Your first step is to speak with the attorney representing you in this transaction. He or she should be familiar with the terms of the contract you signed and should be able to explain to you any options in your contract that might allow you to take the course of action you would like to pursue.
Q: MY NEIGHBOR PUT A BRICK PILLAR FOR A DRIVEWAY GATE ENCROCHED 9 AND A HALF INCHES INTO MY PROPERTY ..HE NEVER PUT A
Answered on Mar 18, 2019
It isn't clear what your question is but you are correct to be concerned about a possible adverse possession claim. There is a statute of limitations that can bar you from objecting to an encroachment on your property and by waiting before bringing an action against your neighbor you may lose your right to do so. The law does not protect those who sleep on their rights.
Q: I have lived in my rent stabilized apartment for over a decade now and have never been offered a lease. should I be?
Rent Stabilized tenants are entitled to renewal leases. If your landlord refuses to provide you with a renewal lease, you can file a complaint with the DHCR.
Q: My mom is selling her house to another family member without a realtor. She wants to use the same attorney. I don’t
With proper disclosure a lawyer may be permitted to represent both the seller and buyer in a real estate transaction. However, that does not make it a good idea!!! Regardless of whether the sale is to a stranger or a family member independent counsel is recommended.
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