Squatter or Holdover?
Recently we have received a lot of phone calls regarding situations where landlords are having difficulty with people in their rental properties that they have never signed a lease with. In this...
View ArticleEviction Rules are NOT the same everywhere in NY
There has been an increasingly high volume of calls from landlords who live in one county but have rental properties in another county. This causes issues where the landlord has one understanding of...
View ArticleShort sale after bankruptcy?
We are often asked, “should I short sale my property if I already filed bankruptcy?” Maybe. There may be several reasons to proceed with either a deed-in-lieu of foreclosure or a short sale of your...
View ArticleLandlord must return $115,944.19 plus interest to tenant
Section 7-103 of the General Obligations Law provides, in pertinent part, that: 1. Whenever money shall be deposited or advanced on a contract or license agreement for the use or rental of real...
View ArticleLandlord can’t collect late fees totaling $3,750.00 from tenant
In the recent case of BROJA REALTY, LLC v. Amparo, 2011 NY Slip Op 51168 – NY: City Court, Civil Court 2011, Landlord attempted to collect late fees of $3,750 (which had accrued over the last 6...
View ArticleLandlord must provide heat
In the recent case of Olszewski v. Neuman, 2011 NY Slip Op 51287 – NY: Dist. Court, Nassau County, 1st Dist. 2011, the Court found that the Landlord’s failure to make repairs to the boiler and provide...
View ArticleMonth to Month Lease?
Is a Month to Month Lease good or bad? It depends on how you look at it: Landlord Good: Generally, Landlord can terminate the lease for any reason with a 30 day notice. Bad: Generally, Tenant can leave...
View ArticleHow long will my eviction take?
Common question: “How long will my eviction take?” We are often asked, by both landlords and tenants, how long it takes to complete an eviction. The best answer we can give is: “The sooner the eviction...
View ArticleRent Stabilized renewal lease period
Section 2523.5(a) of the NY Rent Stabilization code provides the following in pertinent part: On a form prescribed or a facsimile of such form approved by the DHCR, dated by the owner, every owner,...
View ArticleBuying Property with Existing Tenants
Should I buy a house that already has tenants? Maybe. We have represented many Landlords who have purchased homes with existing tenants. In our experience, this has not always gone well for the new...
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