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Mohammad Akif Saleem

Mohammad Saleem’s Answers

8 total

  • A month to month tenant has no rights so we could be put out into the streets tht easily landlords always win

    Not fair for tenants

    Mohammad’s Answer

    Even if you a month to month tenant, you still have some valuable rights that the landlord cannot take away from you. You have the right to have hearing in court where the landlord must serve you with a Notice and Notice of Petition for Holdover even after the 30 days. This is important because this really gives the tenant about 45-60 days to stay in the apartment until he/she has a hearing in Court. Once, in Court a tenant can work out a Stipulation to vacate giving them more time (perhaps 30 more days) to leave the apartment without any rent.

    In my experience representing tenants, sometimes if the tenants are willing to pay rent and sign a new lease, the landlord is willing to let them stay for a year or two!

    It all depends on everyone persons unique set of circumstances.

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  • I have a tenant I'm trying to get to move out of the house that my father left to me when he passed away.

    The tenant has no lease and does not pay utilities. I asked the courts to help me and now she has not paid rent for two months. I'm afraid my property will go into foreclosure before I can get her out. Please tell what I can do.

    Mohammad’s Answer

    You have two legal problems that you need to address. The first problem is a landlord tenant problem and the second is a foreclosure problem.

    First problem, I agree with the other attorney Steven about how your lawyer should have mentioned to the Court that the tenant has not paid any use and occupancy (another word for rent when there is no lease or a holdover action). If you don't have a lawyer, you should immediately hire one and if you currently have a lawyer - ask him why he is not pressing the Judge to give use and occupancy in the mean time.

    Second foreclosure problem, regarding the property going into foreclosure, I would recommend that you contact your Mortgage Servicing Company and ask for a 'Loan Forbearance' and explain to them the hardship you are currently facing in terms of a reduced income as result of a hostile tenant.

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  • How much dose it cost to Hire immigration lawyer?

    How much dose it cost to Hire immigration lawyer?

    Mohammad’s Answer

    You should be able to consult with a lawyer about your case and get an cost assessment or fee amount from them about how much your case/issue may cost. Each lawyer has their own fee determination. Reach out an immigration lawyer or two that provide free initial consultations and you'll get a good idea of how much it will cost you.

    Best of luck.

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  • What is the likelihood that i can be granted an ACD or get the charges dropped to a violation?

    I was recently arrested for smoking marijuana in Manhattan and charged with 220.10.01, criminal Possession of marijuana. 3 years ago i was charged with a similar charge in New Jersey and was granted an ACD in New Jersey. I finished the acd and the...

    Mohammad’s Answer

    NY Penal Law Section 221.10(1) provides that a person is guilty of criminal possession of marijuana in the fifth degree when he knowingly and unlawfully possesses: marijuana in a public place and such marijuana is burning or open to public view.

    My advice to you before you get to the ACD is to have your attorney challenge the charge on whether you meet the elements of of the crime. Meaning, did you possess marijuana in public place and was it open to the public. If you can defeat one of those elements, you won't even need an ACD since the prosecution will have a weak case due to a missing element of the charge.

    Second, an ACD is offered by the prosecutor and is based upon their discretion (within the context of general accepted practices). However, having an effective defense counsel that will negotiate strongly on your behalf may result in getting the prosecution to come to terms of an ACD.

    My previous work experience in the prosecution division has taught me that defendants who have attorneys that vigorously seeks to get the best outcome for their clients get a better negotiated offer from the prosecution.

    In essence, you may be granted an ACD if your attorney can negotiate the terms to it. However, I recommend you speak to an attorney that will help you beat the original charge by showing the prosecution does not meet all the elements of the charged offense.

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    LEGAL DISCLAIMER: The response given is not legal advice and does not create an attorney-client relationship. The response is for legal education purposes and the questioner should consult with an attorney.

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  • My NYC lease expired last week (it was 1 year) and my landlord is telling me to vacate by this weekend. Don't I have more time?

    My NYC lease expired last week (it was 1 year) and my landlord is telling me to vacate by this weekend. Don't I have more time?

    Mohammad’s Answer

    In NYC, once a lease has expired, you are month-to-month tenant if your landlord accepts payment of rent from you every month to stay in the place. In your case, it seems that the landlord does not want your money but rather the property. If a landlord wants a tenant to vacate the property, the landlord must give you notice to vacate the property. In NYC, landlords must give a 30 day notice to the tenant. The notice is a written requirement and cannot be something the landlord "tells" you (as your question implies that the landlord told you to leave).

    While I don't know the specific facts of your case, it would seem that it would be inappropriate for your landlord to "tell" (meaning orally convey) you to leave this weekend because the landlord is required to provide a written notice giving you 30 days to leave the premises. Also, a landlord giving notice does not mean that the landlord can then evict you.

    As a tenant, I recommend that you read the "Tenant's Right's Guide" which is a free resource from the NY Attorney General's Office explaining the laws NY tenants need to know and available online:
    http://www.oag.state.ny.us/bureaus/real_estate_finance/pdfs/tenants_rights_guide.pdf

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    LEGAL DISCLAIMER: The response given is not legal advice and does not create an attorney-client relationship. The response is for legal education purposes and the questioner should consult with an attorney.

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  • Just lost my job, only have my house left - Please help.

    Hello, I recently lost my job and my health insurance is about to expire. I have 3 kids and my finances are running low. Thankfully, I have no debts at the current moment, but I am sure this will change the longer I am unemployed. The only va...

    Mohammad’s Answer

    Losing your house due to a bank initiating a foreclosure action against you in the even that you miss future mortgage payments is a very valid concern of yours.

    There are various proactive measures that you can take to help you prevent the bank from foreclosing on your house. The most immediate that comes to mind is modifying your mortgage terms if you are having difficulty making mortgage payments due to your current unemployment. Many mortgagees (lenders/banks) have recently implemented programs of their own or participated in federal programs (i.e. HAMP) to help homeowners facing foreclosure keep their homes through mortgage loan modifications.

    I've personally seen banks/lenders modify the interest rate on loans down to 3% or 4% for fixed periods of time in order allow homeowners facing foreclosure or difficulties paying their mortgage payments continue to make some sort of payments and keep their homes.

    Other legal options like the creating will or a trust may be helpful as well but the main underlying issue of losing your home to a foreclosure action should be your primary concern.

    You may be eligible for modifications and other financial hardship options available from your mortgagee (bank). Please consult with your bank or financial company that owns your mortgage for more options. You may also be able to get free assistance through various housing nonprofits situated throughout NYC to help your case.

    Some parting words of advice: Be proactive in safeguarding your advice. Do not wait until you've missed a few mortgage payments before you start looking for help. Many attorneys (including myself) will offer free consultations about your situation. Reach out to them and get a few different consultations on your options.

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    LEGAL DISCLAIMER: The response given is not legal advice and does not create an attorney-client relationship. The response is for legal education purposes and the questioner should consult with an attorney.

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  • If someone were to ask if they need a lawyer is that the same as requesting one

    if they are askin if they should have a lawyer is that the same as requesting one

    Mohammad’s Answer

    Being asked if you need a lawyer is very different than requesting that you want a lawyer.

    Your question does not specify whether the person being asked about needing a lawyer has been arrested by the police or not.

    When you are arrested by the police, you are given a Miranda warning which informs you of your rights, including the right to have counsel with an attorney (lawyer) and how you can have an attorney provided if you cannot afford one.

    Thus, the arresting police/authorities may ask you whether you need a lawyer? This can mean they are asking you whether you want your attorney present or one provided to you if you cannot afford it. The police asking you if you need a lawyer does NOT mean that they will give you one if you don't affirmatively answer that you DO want a lawyer.

    It is very important to tell the police/arresting authorities that you do NEED an attorney.

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    LEGAL DISCLAIMER: The response given is not legal advice and does not create an attorney-client relationship. The response is for legal education purposes and the questioner should consult with an attorney.

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  • How to evict my daughter and family from a basement

    she has not paid any utilities since march 2010 ,i gave her time to save for an apartment but she will not move out.there are numerous damages to the basement and she will not allow them to be repaired.i have no access because the locks were chang...

    Mohammad’s Answer

    If your daughter and/or her family do not have lease with you, then she/they are a month to month tenant. A month to month tenant can be evicted by serving the tenant, in this case your daughter, with a written termination giving her a 30 days notice that you as her landlord after the 30 day period will evict her from the premises. The termination notice must say that you as her landlord have chosen to terminate the tenancy and that her refusal to leave the premises will lead to an eviction proceeding in court.

    There are very specific terms the notice informing her must contain and service must be proper. In addition, you may not be legally allowed to rent your basement if you do not meet very strict criteria.

    As attorneys, we are permitted to counsel client on matters not entirely in legal. Noting that your question mentioned that this is your daughter and/or family, I would counsel you to attempt to resolve this in a manner that helps you achieve your objective without your daughter being upset that you initiated legal proceedings against her.

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    LEGAL DISCLAIMER: The response given is not legal advice and does not create an attorney-client relationship. The response is for legal education purposes and the questioner should consult with an attorney.

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