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Marc Andrew Landis

Marc Landis’s Answers

5 total

  • Tenants Rights ?

    Before you move into an apartment house a landlord says he will make repairs that are needed. The tenant moves in and the repairs are not done rendering unsafe conditions. What are the tenants legal. rights ? Can they move out because if this?

    Marc’s Answer

    The answer to your question depends on a variety of factors, most of which are not addressed in your question.

    Do you have a written lease agreement? If so, does the lease agreement specify that the landlord will make the repairs? If so, you could go to court to enforce the terms of the lease. Even if there is no written lease agreement, you could still seek to enforce a verbal agreement, but it is a more difficult task to provide what the landlord said to you.

    If the "unsafe conditions" rise to the level of a violation of the implied warranty of habitability, you would also have the right to seek relief in court. Depending on the nature of the "unsafe conditions" and whether these conditions affected your ability to utilize the apartment, there is also the possibility that you may have the right to withhold rent from the landlord based on a full or partial "constructive eviction" from the premises.

    Also, if the unsafe conditions violate local building codes, housing maintenance codes or other regulations, you could seek relief from code enforcement personnel in your community.

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  • Do I need to hire a lawyer for settlement of minor real estate dispute?

    I built my Home about 2 years ago with my girlfriend at the time and the relationship fell out over a year ago. The house is completely in my name legally but my ex had paid for the appliances and i am now in the middle of selling my house which a...

    Marc’s Answer

    In the absence of any written agreement between you and your former girlfriend, a court might construe her contributions to the construction and operation of the property (including the purchase of appliances) to mean that she is entitled to reimbursement for the value of her contribution.

    Depending on all of the facts and circumstances, this contribution might be a reimbursement for the exact expenses that she incurred, or a court might view her as a "partner" entitled to a proportionate share of the profit. Depending on the amount of money involved, if you believe that she might seek restitution in court, you might want to try to settle the matter and obtain a release.

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  • Real estate title transfer

    My daughter and I bought a NYC coop 5 years ago. Both of our names are on the title and both are on the mortgage. I paid the downpayment and she pays the monthly mortgage fee. I'd like to transfer the title 100% to her. What is involved in do...

    Marc’s Answer

    In order to transfer ownership of the cooperative shares of stock and the proprietary lease, you will need to have a "closing" involving the co-op corporation and the lender.

    The lender should be holding the existing shares and lease as security for its loan. These documents will have to be delivered to the corporation's transfer agent, so that replacement documents can be issued showing your daughter as the sole owner. You might be able to arrange this while keeping the current loan in place, or the lender might treat this as a "technical refinance", or your daughter might elect to refinance if she can obtain more attractive loan terms.

    The proposed transaction is also subject to the co-op corporation's approval. Different corporations will handle this situation differently. Some will be very strict and treat your daughter as a "new" purchaser; on the other hand, if she was interviewed for the prior transaction and is in residence, the board might simply ask for financial information to satisfy itself that your daughter can carry the financial obligations on her own. The corporation's board might also ask for you to guarantee payment if your daughter's financials are not strong enough to satisfy the board.

    Please feel free to contact me if you require further information.

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  • Management company is asking me to come back to sign a new lease.

    I recently signed a lease for an apt in NYC that starts 11/1. I have not yet moved into it yet. I received a call today from the management company that I need to go back to their office to sign a new lease because the lease I signed has a wrong...

    Marc’s Answer

    Based on the information presented, assuming that the management company will not sign a lease for the "original" apartment, and there is no "meeting of the minds" with respect to the "new" apartment, there is no contract, and you would be entitled to a refund of your deposit and first month's rent. You may or may not be able to recover other fees (such as credit checks).

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  • What are the disclosure requirements when selling a co-op in new york state

    disclosure requirements when selling a co-op in new york

    Marc’s Answer

    Generally, cooperative apartments in the state of New York are not subject to the "Property Condition Disclosure Act" or "PCDA" that applies to most residential property sales. The PCDA only applies to the sale of 1-4 family homes, and disclosure is not mandatory -- a seller can provide a $500 credit in lieu of completing the disclosure questionnaire.

    However, a customary contract for the sale of a cooperative apartment will still require the seller to disclose and represent certain information, such as the amount of the monthly maintenance, any applicable special assessments that are in effect and similar items.

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