William Bronchick’s Answers

William Bronchick

Aurora Business Attorney.

Contributor Level 8
  1. Apartment Wants to charge us $600 carpet replacement for 1 room even though it was left in good condition.

    Answered 6 months ago.

    1. William Bronchick
    1 lawyer answer

    Easiest route would be to go to small claims court and sue the landlord. Before that, I would ask the landlord to document in writing (including photos, invoices, labor, etc) the expense they incurred. This will flush out what kind of case they have before you try to sue them. You may also want to demand, in writing, that your security deposit be returned. Do it regular AND certified mail. That way, if they don't return the deposit timely (and the Judge in court rules in your favor), you...

    1 lawyer agreed with this answer

  2. Does corporate book required by law in new york?

    Answered 8 months ago.

    1. Everett S. Carbajal
    2. Dana Whitney Atchley
    3. William Bronchick
    4. Glenn Johnston
    4 lawyer answers

    A corporate record book, or more accurately, what's in it, is crucial to your company's survival in an audit or lawsuit. Failure to keep minutes, have resolutions, issue stock, have By Laws, etc can be fatal to your cause. Corpkit and Blumberg sell cheap kits, or you can use a $5 binder from an office supply store, and it works just fine. Just make sure you have the necessary documents INSIDE.. You can find software kits on the Internet that are adequate for corporate forms. Of course,...

    1 lawyer agreed with this answer

  3. Question about service pets

    Answered 8 months ago.

    1. Roger John Lucas
    2. Donald Corky Eby
    3. William Bronchick
    3 lawyer answers

    I agree with the other attorneys that this is not a clear area of law. Under applicable law, a landlord must provide a "reasonable accommodation" for a disability. If you have legitimate service animals, you can request an exemption from the 2 pet maximum, and the landlord must show that it is UNREASONABLE to allow 3. I've advised landlords to deny tenants in small apartments with TWO LARGE (100 lb) dogs. They threatened to sue, but I would argue its UNREASONABLE to require the landlord to...

    1 lawyer agreed with this answer

  4. Can I break my lease due to rats a roof leak etc.?

    Answered 8 months ago.

    1. Donald Corky Eby
    2. William Bronchick
    2 lawyer answers

    To be more specific, counsel means that you need to raise an issue of the "habitability" of the property with the landlord, give him a reasonable time to fix, then you can be justified in moving out and breaking the lease. Colorado law requires all landlords to provide a "habitable" property, which would include it being free from roof leaks and rodents. So, if you give notice in writing to the landlord about these conditions and they don't fix them within a reasonable time period, then they...

    1 lawyer agreed with this answer

  5. Can a creditor force the liquidation of the assets of a NY single member LLC?

    Answered over 1 year ago.

    1. John P Corrigan
    2. William Bronchick
    2 lawyer answers

    I think you are confusing liability protection of an LLC with the charging order protection of an LLC. If the LLC is sued for liability caused by the property it owns, the LLC is liable for the judgment. The judgment creditor can go after all the assets of the LLC. In the case that someone has a judgment against the member of the LLC, UNRELATED to the LLCs business, the creditor is generally limited to a charging order against the member's interest. The newer case law is leaning towards the...

    1 lawyer agreed with this answer

  6. I want to start a business selling what I love to make but I don't know what's better a sole or llc

    Answered 8 months ago.

    1. Reese Serra
    2. William Bronchick
    3. John F. Brennan
    4. Kenneth E Gray Jr.
    4 lawyer answers

    The three considerations for this decision are: 1. Liability - an corporate entity can protect you from personal liability in many cases 2. Taxes - filing as a corporate entity can save you some taxes if you use it properly 3. Cost - what is the cost of filing and maintaining an entity You immediately assumed LLC, but your CPA may prefer a S corporation. Discuss that with your CPA. A single member (single owner) LLC is taxed the same as a sole proprietor, which is easier than filing a...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Is this real estate fraud, and do I need an attorney?

    Answered 7 months ago.

    1. James E Mitchem
    2. Stephen Clark Harkess
    3. Susan Morath Horner
    4. William Bronchick
    4 lawyer answers

    It isn't necessarily fraud if the seller disclosed that he wasn't the owner at the time of the agreement, but either way it would be a moot point if he can transfer title when you exercise the option. There is no "sale" on a rent to own agreement, so the notice to the assessor is not required (that is for an installment land contract, not a lease/option). As for the issue of lease violation and eviction, you'd need an attorney to review the paperwork. You should definitely hire a lawyer to...

    1 person marked this answer as helpful

  8. Is there a way to get an individual to stop spreading rumors or sending emails accusing someone of something that is untrue?

    Answered almost 3 years ago.

    1. Colm William Kenny
    2. William Bronchick
    2 lawyer answers

    The case of libel is easy to prove in terms of falsity, but the problem is one of damages. Proving your reputation was harmed is difficult in terms of monetary damages. It also requires hiring an attorney to sue, which is expensive. Sometimes a simple threatening letter from an attorney is all it takes to scare someone into compliance.

    2 lawyers agreed with this answer

  9. My landlord provided a partial return of my security deposit. I plan to sue her for the rest. Should I cash the check she sent?

    Answered 8 months ago.

    1. Robert John Murillo
    2. Jason Carl Kennedy
    3. William Bronchick
    3 lawyer answers

    Agree with the other answers as to CA law,, but in most states you can write "under protest" on the back of the check before you endorse, which should reserve your rights to sue for the rest. Here's a good resource for CA rules on security deposits: caltenantlaw.com/Deposit.htm

  10. If u have not signed a contract for refinancing is it binding.

    Answered 8 months ago.

    1. William Bronchick
    1 lawyer answer

    Nonsense. Even if you agreed in writing to use a mortgage company for a refinance and even if they tried to hold you to it, Federal law provides a 3 day right of rescission after the close of the loan. So, they are not going to try and hold you to a commitment to refi with them. Seek another mortgage company who is reputable.