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Richard J. Chertock
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Richard Chertock’s Answers

2,843 total


  • Does my landlord have the right to try to bribe us out of the apt early

    LWe are moving out as of July 31st (last day of lease) my Landlord is saying if we r not out before the 30th we will not get the security deposit back for a few weeks and he also refuses to do a walk through because he is busy. He told us to leav...

    Richard’s Answer

    Take photos of the apartment before you move out and after. He can try and charge you but he had to prove the damages. If you have photos of the condition of the apartment when you moved in and out it will be difficult for him to prove you damaged the unit. If he does charge you then bring suit in small claims court to recover you security.

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  • Does my repairman have to come back and fix my A/C at no charge?

    I called a repair man to come service my air conditioner. He came out and worked on it and said it was fixed. I had my daughter give him a check since I wasn't home. I was charged $598.13 for 2 hours of labor and refrigerant. When I got home I cal...

    Richard’s Answer

    If the refrigerant did not work then you probably have a leak in the system. You have not stated any facts that would indicate that the repair was done negligently so if the repairman comes out again expect to pay again if he finds a different problem. It may be time to buy a new unit or you can get it fixed and then buy a warranty.

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  • Can a person have 2 persons assigned with a powerful of attorney. For example one in charge of finances and one for health?

    They are siblings and both want to be included with the decision making for the mother.

    Richard’s Answer

    You are talking about two different things. A power of attorney can have two agents who can act independently or separately. The power of attorney generally deals with financial issues. For health decisions you need a living will and a healthcare proxy. These appoint someone to make health decisions on behalf of your parent in the event she is unable to speak for herself. It also can state specific actions that can or can not be performed. Such as artificial respiration or a feeding tube. The person that is appointed can be different from the agent on the power of attorney and there can be alternate parties appointed in case one fails to act or can not be found. See an attorney to discuss these issues and prepare the necessary paperwork.

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  • What Can I Do if My Landlord Locks Me Out of My Apartment

    Recently, my landlord and I agreed that he would give me two months to vacate my apartment in order to move to a single family house that he was going to purchase. Less than a week later, he had a woman visit my current apartment to become a poten...

    Richard’s Answer

    • Selected as best answer

    That would constitute an illegal eviction. Landlords are prohibited from any sort of self help actions to evict a tenant. If he changes the locks or takes any other type of self help call the police and hire an attorney to seek damages for any damages you incur.

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  • I have been after my landlord to make repairs to my rental unit.

    I am having a problem with my landlord. I have been after my landlord to make repairs to my rental unit. I had a problem with the shower in the master bedroom, the shower has to be replaced. The landlord took the water knobs off and said the show...

    Richard’s Answer

    Do you have a lease? If not you can leave on 30 days notice. If you have a lease he would have to allow you to break the lease to move out. You have a defense to paying rent in that the deterioration of the house is causing a breach of the warranty of habitability. The attitude the landlord exhibited indicates that he will not voluntarily make the repairs. Your best bet may be to stop paying rent and look for a new place. If he brings suit document the problems and use the defense of breach of the warranty of habitability to avoid having to pay rent.

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  • How long is a power of attorney good for, I signed one about 5 yrs ago for a closing on a house.

    How long is it good for and what do i need to do to have it revoked?

    Richard’s Answer

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    The power of attorney does not expire until you revoke it. You can revoke it by sending a letter to the agent or attorney in fact and anyone else who would rely on it stating that you are revoking the power. In your case, since it was used for the purchase of a house it is likely that there was language in the power stating that it was specific to the purchase of that property and therefore it would not be valid for any other purpose. Bring a copy of the power to an attorney for review to determine if it can be used for any other purpose and if you need to revoke it.

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  • Do we owe him the money for the DJ?

    My husband and I got married on June 6,2015. My brother in law paid $800 and signed the contract for the DJ. Then when June 6th came we had the ceremony but didn't have the reception due to not paying the full bill for the hall and not having enou...

    Richard’s Answer

    Sounds like your brother in law was taking care of Dj as a gift. He signed the contract and gave the deposit so he is liable. The Dj has nothing to do with this braces he was there at the time ready to perform. If your brother in law was getting the Dj as a gift it's his loss, however, there is going to be friction between you and him. I suggest that you try and settle with him to keep the peace, but from a legal standpoint he is liable as he signed the contract.

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  • What can I do because my landlord is evicting me because of back rent but we're behind because of things not being fixed.

    landlord bought the place asked for list of things needed to be fixed and gave that to him months ago. nothing has been done beside water heater that broke 5 times. fridge went lost massive food. took a day to get it. heater went twice still waiti...

    Richard’s Answer

    i These are all potential defenses to an eviction as a breach of the warranty if habitability. Hire an attorney to defend you. These are items that you should not have to deal with. An attorney can get you a reduction in what is owed, repairs to the apartment or both.

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  • If a Model breaks their contract with their agency, how long do I have before I can sue?

    I have a couple of Models who signed exclusive agreements with my company which is based in NYC (some are out of NYC and live through out the U.S.) some broke the contract, now I want to sue. What's the statue of limitations for an agency to sue a...

    Richard’s Answer

    Generally actions based on breach of cin tract have a six year statute of limitations, however, the longer you wait thr harder it is to win.

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  • What is a typical labor agreement for Superintendents in King's County, Brooklyn, NY?

    I'm going to Housing Court tomorrow, to challenge my Landlord for failure to repair damages to my apartment. As an Independent Contractor, I asked if these repairs could be done over the weekend,but was told that the Superintendent did not work we...

    Richard’s Answer

    There is no typical agreement. Every agreement is different based on the needs and circumstances of each landlord and his super. If you are asking if it is typical for a super to have weekends off to observe the sabbath then the answer is yes if either party is religious. If that is the agreement they have then there is nothing you can due to force repairs on a weekend.

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