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Peter J Weinman
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Peter Weinman’s Answers

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  • My brother die had law suit thats still going on.. then my parents now my parents are gone .my sister we made her all sign off

    , so we all signed off and it on my mother's behalf and my sister do the talking now should become the administrator went to another lawyer and he won't give us no information but it says on the paper that we all signed off or on if she to do with...

    Peter’s Answer

    Your question is very hard to follow and understand. But, if an attorney representing the fidiciary of the estate of your parents won't answer your questions, you need to retain your own counsel and discuss this in a private, more personal setting. Good luck.

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  • I have a loan with bank , after 6 years of payments the bank was compassionate enough due to many issues that j had to change so

    Of the provisions of our agreement to help me to be able to continue payments. My question is this was done with a V.P. of the bank all through emails. No formal agreement was made. Matter of fact the email states no written agreement is needed as...

    Peter’s Answer

    I'm not exactly sure I see the question.

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  • What are my options when dealing with a S.I. Landlord who purposely created a situation that voided our lease 3 months in?

    We signed our lease Feb 2016, on May 14 I find my LL having his girlfriend birthday party in our apartment and all of things ransacked, mostly targeting my 4yr autistic son. LL told us that we were not living in the apartment, and that he will no...

    Peter’s Answer

    I'm confused.
    What does it mean that the court "voided" your lease?
    Were you paying rent? Why did the landlord say you were not living there?
    Was this an apartment or were you sharing an apartment (leasing room or rooms)?

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  • Tenant hasn't pay rent and judge advice me to state a holdover case. I hire a lawyer and tenant didn't show. what can i do next

    Had a self represents nonpayment case with tenant. During the waiting of court day, his lease expired. On court day, his lawyer stated the the personal delivery didn’t have his name on the top. The juge said that i can take it to trial but advise ...

    Peter’s Answer

    I think you should be discussing this with your attorney, but in short, an inquest is a one-sided trial, in which you will have to plead your case in the absence of your tenant. While it's not a slam-dunk, necessarily, it's difficult to lose an inquest assuming your attorney prepared, served, and filed the proper papers. You did not get a default at the last appearance because either the court was too busy to hear the inquest then and there or your attorney and you needed to come back with your evidence (certified copy of your deed and C/O, along with anything else) to plead your case.

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  • Can you be served a 3 day notice or evicted for money owed if you are making payments

    We live in an apartment complex where tou have to fight to have repairs done that they don't really fix just put a bandaid on it . We complained after our hot water heater leaked and now the hard wood floors are bulging and coming up we owe 1500 d...

    Peter’s Answer

    While I agree with Mr. Smollens' analysis and advice, I believe a more direct answer to your question is "no" you would not likely be evicted for non-payment if you are making (and the landlord is accepting) payments.

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  • If I am two months behind in rent,and make arrangements for Auto pay, can I get evicted.

    Ran into financial problems. Will pay at the end of the month. Asked management for replace appliances in my apartment. Being charged rent for newly renovated apartment, but since I moved in appliances were switched. Have not received any word in ...

    Peter’s Answer

    If you are being evicted for the non-payment of rent, the short answer is "no" you will not be evicted if you can (and do) pay. If you are being evicted as a holdover (your tenancy has been terminated or was month to month), then the short answer is "yes" you can be evicted. You say you received a letter "threatening" to end your tenancy.. Not exactly sure what that means... We need more info to really answer your question.

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  • How can I stop land adverse possession?

    Hello, I am a co-owner of a piece of land. We are three owners in total. One of the owners has been working in the land for the past 10 years. I heard that there is this law that states that if someone uses the land for a specific period of time,...

    Peter’s Answer

    Adverse possession requires the use to be open, notorious, exclusive, and hostile to the rights of the true owner. Putting aside the fact that I don't think one owner can adversely possess land of a co-owner, there would be several angles to attack your co-owner's assertion of adverse possession, but the most obvious would be that he used that portion with the permission of the other owners. Nobody adversely possesses land of another after permission is granted. Note your co-owner may have other theories to back up a claim that he is entitled to more of the proceeds of a sale, for example, based upon him expending more time and money than the others. If you have any concerns about these scenarios, you really ought to sit with an attorney in a private setting to discuss at greater length.

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  • What happens when a tenant vacates in the middle of a holdover action?

    Would that deprive me of a possible judgment to recover my legal fees and any unpaid rent? If so, any other option to recover those? Thank you for any advice.

    Peter’s Answer

    You've received two good answers, but I'm chiming in to point out the obvious. If the tenant moved out before the Marshal put him out (which is what I think you mean by "in the middle") I assume you don't know where he is - and that means you can't serve him in another action.

    How far along is the holdover? Have you been to court and stipulated to anything? Maybe you can move it along to a default judgment, but if the Bronx is anything like Staten Island, you won't easily obtain a money judgement against a defaulting tenant. Good luck!

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  • Can my boyfriend's landlord kick me out over hearsay?

    I've been living with my boyfriend for about 6 days now. He is on the lease, I am not. His landlord his threatening to evict him if he does not kick me out, because the neighbors have been complaining about me being a heroin addict, when I have be...

    Peter’s Answer

    Mr. Smollens is correct. Your boyfriend's landlord cannot dictate with whom he lives. That said, how much time remains on the lease?

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  • In an owner-occupied 2 family home can a tenant be evicted prior to lease end date?

    My boyfriend and I want to buy a 2-family home in a residential neighborhood in upstate NY and convert it back to a 1-family so that we and our children can live there. This is not the seller's primary residence. There is a tenant whose lease wit...

    Peter’s Answer

    I agree with the prior 3 answers, but Mr. Smollens addresses the biggest concern: conversion to a single family. Make sure you have an architect or engineer render an opinion (which will cost you a few dollars) and don't believe what the seller and/or Realtor may be telling you.

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