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i am 2 months behind on my rent, and think that my landlord is going to try to evict me. What is the process?: Lost job, and have medical issues. My roomate lost his job and moved out. Completely broke at the moment. Waiting on a settlement from a recent car accident. My rent is 3434.00 which is really high for the space. Because i signed a loft lease my landlord jacked my rent from 2600.00 to 3200.00.

Posted 8 months ago in Landlord / Tenant

Gene's answer: Landlord-Tenant matters are handled very quickly, so remember that time is not on your side. Before all else, consult a Landlord-Tenant Attorney. But if you insist on handling matters yourself, Here's what you can do: First, consult your copy of the Lease and read about "Default". If you're not yet in default, contact your Landlord and see if you can come to some alternative arrangement for rent. The eviction process in NYC follows this process: (1) Upon default, you will receive a "Five Day Notice", which is a final demand for outstanding rent before going to court. If matters aren't resolved at this stage, the landlord may (2) file a Petition in Civil Court for non-payment. The Petition may not say much - just stating the reason for the Petition (in this case, non-payment) and a list of outstanding rent due. At this point, you will be required to (3) Answer the Petition. In Civil Court, you can (a) go to the Civil Court Clerk and answer verbally (b) go to the Civil Court Clerk and answer in writing on a form provided to you, or (c) consult an attorney, who will file an Answer on your behalf with the Court. A lot of people make the mistake of not answering the petition at all - ANSWER IT. If you don't, you expose yourself to a default judgment for eviction - even if you and the landlord are in negotiations. Upon filing an Answer, the Clerk will assign a Court date. (4) At the Court appearance, you will meet with the Landlord and/or his Attorney to negotiate a settlement. You may also meet with the Judge's Clerk and/or the Judge to see if something can be worked out between the parties. If no settlement is reached, both sides will come to an agreement for a trial date. (5) At the trial, both sides will present their cases to the Judge, and the Judge will render a decision. If the Judge rules for an eviction, a warrant will be ordered, and the Sherriff will send a notice to the premises stating when to expect them to enforce the eviction order. The whole process may only take a few weeks, but as you can see, there are numerous opportunities to contact the landlord - before the proceeding, in the courtroom, in between court appearances, etc. Take advantage of these moments and try to settle matters. The best recommendation I can give you is to consult an attorney that handles Landlord-Tenant matters.

Posted 8 months ago.


What laws do I need to be aware of that would allow me to successfully run against a nominating committee slate of officers?: This Ohio based not-for-profit uses a nominating committee to produce a slate of officers for their elections -- hence, shareholders have only single candidates to vote on, and a fair and open election can not be assured. Their nominees receive multiple instances of free publicity, and even if candidates have announced they are running for office, because they are not members of the 'slate,' their names will not appear on a ballot, nor in the official election guide issued to all. Are Ohio State corporate election laws being violated? What about member rights? Can an organization maintain it's not-for-profit status with these types of procedures?

Posted 9 months ago in Civil Rights

Gene's answer: When reading this answer, please note that I am an attorney licensed in NY, and advise you to consult an attorney licensed to practice in OH for a clearer answer regarding that state's laws. Typically, non-profit voting procedures are governed by their organizing documents (articles of incorporation, bylaws, etc.). In their organizing documents, you should be able to find specific answers t your questions. Some member organizations have a nominating committee nominate a slate, and then accept nominations "from the floor". Some restrict nominations from the floor to those who obtains a set amount of member signatures and present them timely to the Board of Directors in order to be included on the ballot. Each organization is diferent, so if you're a member, you can probably request a copy of their bylaws for clarification. State election laws usually only govern public elections, so they are most likely the wrong place to look. Check out the state's not-for-profit incorporation / organization law (in NY, it's the Not For Profit Corporation Law) for the "default" rules that apply to all not-for-profits. Finally, when discussing, not-for-profit status, be a little careful in clarifying what you mean. Do you mean tax-exempt status? That status is governed by the Internal revenue Code, and the Dept. of Treasury's rules and regulations. The company is set up as "not-for-profit" if the purpose of the company is not to make money, but to further some other purpose, and its setup is governed by state law. Think about it further and feel free to get back to all of us on Avvo with what you meant.

Posted 9 months ago.


Can a business use images of a minor in their advertisement without parental permission?: A local business is using images of my daughter on their website, brochures and flyers. I have never given permission for her photos to be used. We are not associated with this business and I would like them to remove her photos. What recourse do I have?

Posted 9 months ago in Communications / Media

Gene's answer: When considering my answer, please remember that I am not a attorney that is licensed to practice in your jurisdiction and that I highly recommend that you consult a licensed attorney in your jurisdiction. When a company wants to use a person's name and/or image for a commercial purpose, they typically have to get that person's permission. Typically, businesses have people sign general releases so they can use a person's name or image. When dealing with minors, getting their permission to use their name / image isn't enough - parents must agree as well. Oral releases are generally considered valid (though it's always best to get such things in writing!), so think back and try to remember if you ever gave anyone permission to take your child's photo for use by a business, or even for use by a photographer who sold the rights to the photo. If you still feel that a business is using your child's likeness without your permission, then let them know that you want them to stop. Send a letter to them yourself - and if that doesn't work, follow it up with a letter from an attorney. Then see how things progress, and consult an attorney.

Posted 9 months ago.