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Peter J Weinman
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Peter Weinman’s Answers

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  • Can kidnapping be charged in rape cases? If so, is it done often? Seems this would help ensure justice for the victim.

    This has no basis in my reality. However, I hear of statute of limitations for rape and find it absurd that it's possible to get away with such a heinous act because time passes. It would be great if scum of the earth rapists could never sleep eas...

    Peter’s Answer

    Many crimes often include by their very nature other crimes. Every robbery, assault, and rape would also constitute kidnapping, which involves forcibly holding someone against their will.

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  • Can I force my sister in law to sell the property in Staten Island that we inherited when my mother in law passed on?

    The house is sitting there empty. She changed the locks on the doors and I couldn't get in when I went to New York. She won't talk to me. I live in Florida. She doesn't ask me for money to pay the taxes. If she doesn't sell it, I will have to...

    Peter’s Answer

    Attorneys Sackour and Chertock have both given you correct answers, but I am reading more into the question than I think they did. The fact that your sister-in-law and you cannot agree makes me think that your mother in law's estate was not probated (if there was a will) or administered (in the absence of a will.). Otherwise, when you "inherited" the house, these issues would have been addressed and presumably resolved. You probably need to retain an attorney familiar with probate/administrations and the Surrogate's court - BEFORE you contemplate a partition action. Just my thoughts.

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  • How much would it cost me to have a layer help me sue my ex landlord

    I want to sue my ex landlord in small claims court for $5,000 for property damage, emotional distress, pain and suffering and my deposit. I lived in my apt for 2 years a month after moving in I noticed it was infested with rats and bedbugs it r...

    Peter’s Answer

    First of all, small claims court is a court of equity - not law. That means claims for money only - no emotional distress, pain/suffering, etc. Your claim is likely limited to the security deposit unless the landlord kept it and can show the court good reason for having done so. Hopefully your pictures tell a different story than his. As to the rodent infestation, you should have moved out sooner and in any event, I'm not sure whether you have a claim after the fact.

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  • Can my landlord show my house after normal business hours? And is there a limit on how often?

    First off, I'm a month-to-month renter. However I had to pay first, last and security when I moved in, which I paid by check with a detailed memo on it. I have also paid every month by check, which they have all cashed. I'm not moving out for six ...

    Peter’s Answer

    I'm not sure what "business hours" have to do with what sounds like a residential lease. I don't think 6:30 - 7PM sounds like an unreasonable time - in fact, that probably works best for most people who work. There's no limit to how many showings they are allowed - arguably, they can show it until they find the right person. Screaming and nasty texts are not nice, but hardly actionable. As to the dog, if you're saying they claim to have been bitten while entering without your knowledge or consent, that's their own problem. (You might wat to discuss that with your insurance company). The best way to ensure you get your deposit back is to surrender the premises in the same (or better) condition than you found it. Photos are your friend.

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  • Can a landlord change a year lease to month to month lease during mid of a lease.

    I have been asking my landlord for a copy of the lease for 3 weeks now. Mind you, i have gotten a lease before but i had lost/misplace it. everytime i had ask him he had an excuse to the point he told the truth that he cant find it. since i have b...

    Peter’s Answer

    Is the implication that he'll evict you sooner than later? Are any of your communications about the lease in writing (text/email?) If so, you're safe, don't worry. Just don't do anything to cause him to try to evict you - and look for your copy of the lease. just in case.

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  • Can I commence a holdover and get that judgment and then commence a nonpayment proceeding against the same tenant ?

    I am a landlord in Long Island New York. I was told by a friend that I can commence a holdover against my tenant without a notice to cure or any explanation for the holdover and once the holdover is underway in one local court I can go to another ...

    Peter’s Answer

    Your friend gave you bad advice as the two are inconsistent with each other. The nonpayment proceeding would demand the payment of rent - the acceptance of which would obfuscate your holdover proceeding. Decide whether you want them out more than you want the money - you can't have both. (Although you may end up with a judgment for money after a holdover, I would not hold my breath waiting to collect).

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  • What is a "discontinuance and canceling of notice of pendency" mean?

    Trying to buy an investment property but seen this on one of his documents.

    Peter’s Answer

    Is it recorded? If so, it means the litigation that was contemplated (or commenced) has since been settled or discontinued. A Discontinuance/Cancelation of LP is to a lawsuit affecting the property what a Satisfaction is to a Mortgage.

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  • Is it legal to yell at my neighbors kids from inside my house?

    The kids are outside my windows screaming. I live in Erie county, NY.

    Peter’s Answer

    What words are you yelling and at what time of the day?

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  • Can volunteers of America housing tell someone not on the lease to leave within 24 hours?

    I have a friend who was married, living with her husband in an apartment run by volunteers of America. The apartment itself is a regular building with a contract with volunteers of America. The person was living there for several years, signed a f...

    Peter’s Answer

    What do you mean by "fake lease" and why did you refer to her as your "client?" Anyway, Mr. Treiman is correct and I agree it's most likely a license agreement - not a lease - which will move much faster, even if it requires judicial intervention.

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  • How much does it cost in New York (and how to do it cheaper) to remove ex spouse's name off the property deed?

    My daughter got divorced about 6 years ago and, as she and her ex agreed, she stays in the house with kids and pays mortgage. But his name still in the property deed and he doesn't mind to be removed from it, but my daughter has to pay, and she ...

    Peter’s Answer

    • Selected as best answer

    You've received 3 correct answers but only one touched on the mortgage and none mentioned the documents you need to prepare and send for recording along with the deed. You can google these for the forms and their instructions.

    REQUIRED TO RECORD A DEED:
    1. A completed NYC Real Property Transfer Return including Social Security or Employee
    Identification Number
    2. A completed NYS TP-584
    3. A completed NYC-RP 5217
    5. The Contract of Sale or closing statement is attached to NYC-RPT if the consideration is
    $400,000 and over. (or a copy of judgment of divorce)
    6. A completed Smoke detector form for 1 or 2 family dwelling
    7. Complete the The HPD Affidavit in Lieu of Registration form or include a copy a completed HPD
    Registration application

    As far as the mortgage, the lender is not going to take ex off unless/until the mortgage is paid. Even though ex is taken out of title, he'll remain liable on the Note and I'm not sure what the judgment of divorce says but I'd be surprised if your daughter can remove him and not refinance so that he disassociates himself with her debt. Ex and yoru daughter shoudl speak to their respecitve divorce attorneys and confirm they are adhering to the judgment.

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