Dear Brooklyn Landlord:
As the "client" it should not fall on you to figure out how to prove to the court that you gained jurisdiction over the tenant. Your better course of action is to hire an attorney and together you will discover the proper notice to use as a predicate notice for a summary proceeding. Generally, it is a mistake to demand rent and also terminate the month to month tenancy. Usually, there is no reason to do so, as a straight forward termination notice will support a...
Dear Huntington Friend:
If your friend is sued he likely will require a legal defense. Consulting with an attorney now may head off a lawsuit. Practically, your friend's friend does not appear to have gained any legal rights by staying with your friend, but there must be more going on than stated here that will come out during an attorney consultation.
An attorney from Texas may also practice law in New York State if also licenses in New York State. Your friend could check whether this...
Dear scope of guarantee liability:
The precise language in the guarantee will control. You should buy insurance because the guarantor is often left holding the bag. The renter must purchase a homeowner or renters insurance. You should be identified as a named "insured."
Most attorneys would caution you to heed the maxim that no good wind blows toward a guarantor.
Dear Brooklyn Tenant:
A landlord must use the court in an eviction case. The termination of tenancy notice is the prelude notice for the actual court proceeding known as a summary holdover proceeding.
I sure hope you are not confusing a termination of tenancy notice with a letter from the landlord's lawyer. A letter cannot do anything to further a lawsuit; the law requires a proper termination of tenancy notice that is also served in the same manner as an actual lawsuit. In a nutshell,...
Dear Brooklyn Proprietary Lessee:
The webcam is subject to the House Rules. The cooperative corporation may install visible and hidden cameras but a shareholder is bound by the rules that are in effect. The same rules would bar attaching a satellite dish outside your window even though dishes were not common or even known when the rules were established, The language is sufficiently clear to account for technology that did not exist.
Dear New York Tenant:
There are multiple paths to calculation of damages and the one that you select should be the easiest to prove in court.
You do not really need to have the exact number as damages are often provable by a mathematical calculation and the assumption is that the judge may properly perform basic math.
You should calculate your net overcharge each month in every month that rent was paid. That is when you were overcharged. The defendant could offset your "damages" by a...
Your lease ends on the last day of the term. A landlord may be required to offer a renewal if there is a renewal clause in the lease. A rent stabilized tenant must be offered a lease renewal within a period 150 - 90 days before the end of the lease.
A month to month tenancy is not automatic. If your landlord expects you to remain at the rent offered in the new lease, but you decline, on the expiration of your lease you are expected to move out. If you do not leave, and if you...
Dear is this legal?
Not likely in Albany (City and County).
Check with the Albany City offices listed here regarding gaining an inspection of your house for compliance with the certificate of occupancy:
The renting out may not be allowed by the certificate of occupancy, but the lease may still be valid. Other than the parties to the lease deciding to terminate the contract, only a court may invalidate a lease....
Dear Brooklyn Landlord:
The landlord is responsible for all habitability conditions including elimination of vermin (in a two family house the mice will not be confined to the rented dwelling) and elimination of drafts.