Archived
What is the eviction process for a commercial space occupied? We need time to pay the rent, how should we proceed?
Donald's answer
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Answered on November 21, 2015
You need to retain counsel and appear in Civil Court where your attorney can try to work out a settlement agreement for payment of the...
Archived
I DIDN'T respond to a Landlord's Rep (Big-Name Downtn LawFirm) "Notice to Cure". Is that an issue or is THAT the way I proceed?
Donald's answer
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Answered on October 15, 2015
I also recommend you retain counsel if they move to evict you by serving a termination notice, but it sounds like a very weak case for eviction. ...
Who pays for the landlord's attorney if a tenant is brought into a holdover eviction?
Donald's answer
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Answered on July 13, 2015
Attorneys fees are awarded a landlord if he/she is the prevailing party and fees are authorized in the lease. A tenant might also recoever...
Is a repeated, unaddressed series of noise (or other) complaints enough to allow someone to break her lease in New York City?
Donald's answer
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Answered on May 21, 2015
Repeated and unaddressed noise disturbances may constitute a breach of the statutory warranty of habitability, and entitle tenant to claim a...
Archived
Trouble with landlord
Donald's answer
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Answered on March 13, 2015
Once a lease expires, you become a month to month tenant whose tenancy can be terminated on 30 days notice under New York law. Your only argument...
Who pays lawyer costs in eviction case if the lease says the tenant has to pay the cost?
Donald's answer
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Answered on March 08, 2015
An award of attorney fees is ordered by the court, and generally, must be sought in the proceeding which has been brought. Recovering in a...
Archived
Landlord Tenant Issue.
Donald's answer
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Answered on February 28, 2015
I would seek counsel on this very problematic situation. The subtenant may claim she is the real tenant in interest since you have not resided...
Archived
Lease vs licensing agreement vs no written agreement
Donald's answer
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Answered on February 06, 2015
In each situation, an eviction proceeding would ultimately be required to eject, whether a written lease agreement (and this might be for any term...
Archived
3 months after being given keys owner wants me to re-sign a 2nd lease
Donald's answer
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Answered on January 03, 2015
It appears that you have a valid lease to begin with and that signing a second one omitting your daughter would be an amendment to your detriment. ...
Archived
At the time of an eviction if I have the money owed to the Landlord would I be able to pay the Marshal
Donald's answer
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Answered on December 23, 2014
The Marshal is not an agent of the landlord and cannot accept a tender of rent. The only recourse at such a late date is to see if the landlord...
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