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Peter J Weinman
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Peter Weinman’s Answers

2,589 total


  • How use and occupancy is determined - would this help?

    The tenant's lease expired but the tenant has since sent several rent checks at a much higher rent. The tenant had agreed to that amount while in negotiations but they broke down and I will need to evict. I know I can't cash the checks, but wouldn...

    Peter’s Answer

    I'm confused by your responses to both attorneys Smollen and Treiman. You had a lawyer in court already but your tenant's lease is not yet over and you're trying to set u/o now based on a check the tenant has sent for a higher amount in contemplation of his holding over? Please elaborate or re-post the question with all the facts instead of picking & choosing for each response.

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  • What is the procedure for not renewing a tenant's lease?

    Due to several late rental payments, I do not wish to renew the lease on the home that I rent to tenants. I've never had to do this before and am looking for some guidance. Can I simply send a certified letter 30 days prior to the end of the lease...

    Peter’s Answer

    I agree with Mr. Welch's response that the lease may dictate your actions, but respectfully disagree with his suggestion that you can bring an eviction for "non-payment." To do so, would be to, necessarily, demand the tenant pay or quit. Presumably, if the tenant doesn't want to quit, he can and will pay - thus terminating the eviction - leaving you to bring a holdover after wasting a month or more. The way to collect monies owed for late fees/damage (depending on amount) is probably small claims court. You'll need their new address for service, though, so try to stay "friendly," if possible so they'll be more likely to give you their forwarding address. Good luck!

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  • What are the penalties for someone who privately "sells" a home he still owes a mortgage on?

    I currently hold a private mortgage on a house in NY. I live in Texas. It has come to my attention that the mortgagor is no longer living in the house and has "sold" the house in a private "sale". Isn't this fraud? What course of action do I have?

    Peter’s Answer

    Mr. Dehghani is correct. But have lots of questions. How much was the home worth? How much was your mortgage for? Was yours the only mortgage? Was your mortgage recorded? Were you living in Texas at the time that your mortgage was recorded? (Will the "notice" address in that mortgage be current? You may have been "properly" served in a foreclosure and not know it if you moved out of state). We need more info, but you need to have an attorney review your mortgage, confirm it was properly recorded, and whether there was a senior lien that may have been foreclosed upon. Assuming your mortgage was recorded, if the house was simply sold, then the new owner took subject to your lien. If your mortgage was not recorded - or was extinguished in the foreclosure of another lender's lien, you will be out of luck.

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  • Google Play charged my account without my permission and refuses to refund me $600.00.

    Google never submitted payments illegally obtained using my account to an app developer they claim received funds. I was instructed to contact the developer that supposedly Google paid for these purchases for a refund and the developer confirmed...

    Peter’s Answer

    So, why not file a police report? Additionally, perhaps small claims court?

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  • Is the statute of limitations for child support in NY 20 years? child support was owed, and my child has since died.

    My child was alive when the arrears accrued. One lawyer told me that I could no longer collect, but I don't think that is the case.

    Peter’s Answer

    We need more facts. Presumably, whether your child is alive now or not, you would still be owed that portion of support for which you were entitled but had to live without. However, if it's been 20 years (as your question implies) you may have waited too long. Please provide some more info...

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  • My neighbor installed a pvc fence on my property. of which I just became aware of due to a recent survey of my property.

    I want the fence moved to his side of the property line but he is a completely unapproachable person and i was told to do this legally and have a lawyer draw up a letter stating such. He has it 11" on one end all the way to 3' between our houses ...

    Peter’s Answer

    Yes, adverse possession "exists" in Staten Island - we're the forgotten borough but in other ways. Mr. Welch is correct, but Mr. Chertock addresses the ambiguity in your question addressing how long ago the fence was built. You say you "just recently" became aware - but that doesn't tell us how long ago the fence was erected. Litigating something like this can be quite expensive and I hope you're able to avoid taking that route. Good luck.

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  • What can I do about this

    An ex-girlfriend asked if I would co-sign an apartment rental lease with her. She also asked to sign a check over to the landlord for $5,300 covering first, last and security. She agreed to pay me back but in 6 months only $300. I have asked fo...

    Peter’s Answer

    I agree with what Mr. Smollens has said and he's also asked some good questions. I'd like to add to that list a few more. How did she "agree" to pay you back? Is that in a writing? How did she repay the $600? by check, cash, etc? Did you give a receipt (if not a check) and if by check, did she write anything in the memo? How has she expressed her willingness/ability to repay by Feb 2017? Is that in writing? Does she confirm the amount still outstanding?

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  • What charges or time can I be facing? Should I call and say I found it or get a lawyer

    I was walking in the park about 2 months ago. I found a gun. It was loaded. I need the money so I was going to turn it in. I know how my mom is so I snuck into the garage and put it in her car. My girlfriend got mad at me and called the cops and s...

    Peter’s Answer

    Aside from the great advice you've received (get a lawyer and don't say anything) you should STOP posting such specific information about your case here, in this public forum. You've given some specific information that could identify you and your HYPOTHETICAL admissions which you clearly gave merely for speculative purposes. Good luck!

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  • Already have my 30 day notice to landlord. They just gave me 3 day notice to pay or leave.

    My husband and I are going through financial issues. We have been struggling with paying rent. Landlord told us not to worry and they would work with us. We're still having issues and have decided to move in with family. We gave our 30 day notice ...

    Peter’s Answer

    Attorney Shollenberger is correct. The landlord is probably afraid that you'll be gone and they won't be able to serve you in another action after you've moved out so they're starting this non-payment proceeding to get their feet in the courtroom before you're gone.

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  • Can my then husband sue me for using his debit card which he knew I was and gave me the PIN

    My now ex husband is in jail and when he was first put in jail 3 years ago, he allowed me to use his debit card with the pin like I always have been doing and now he wants to have me arrested to recoup the money Since I divorced him. I have no in...

    Peter’s Answer

    Were you still married at the time you were using his card?

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