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Peter J Weinman
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Peter Weinman’s Answers

2,594 total


  • Whom does a condo's counsel represent in case of disputes?

    My condo building in Manhattan has a legal counsel / lawyer and he attends all board meetings and home owner meetings. Though he is paid by the owners (through monthly common charges), if I have a complaint against the board or the management comp...

    Peter’s Answer

    He cannot represent you, if that's the question, since he would have a conflict. You'd need your own attorney to represent you if you were bringing an action or complaint against the Board.

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  • Need help in being proactive to avoid future legal action from a tenant.

    I purchased a house with a rental unit. It has a sort of platform surrounding the backyard with wooden slats. The wood has shrunk and there's too much space between the boards. A woman wearing heels could catch one and be badly injured. Is there a...

    Peter’s Answer

    This is an interesting question and I'm not sure requiring the type of footwear is enforceable in a residential lease. Moreover, what if someone who just happens to have small feet (a child, for example) got hurt? Rather, you need to address the issue. Do not rely on your insurance, since they will surely disclaim something like this of which you had prior notice! It would probably be cheaper, anyway, to address the issue rather than involve a lawyer to write a custom letter for the tenant to sign.

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  • What is the tightest, strictest, most comprehensive, landlord friendly, off the shelf lease?

    I didn't know there was more than one lease and the realtor used a T186 which is a terrible, bare bones lease. I want a really good one now. I remember reading about one with a 55 in it. Thanks!

    Peter’s Answer

    You should be able to find what you're looking for here: http://alblawfirm.com/forms/

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  • Signed a PW-1 for a tenant to fix what he did that violated the lease. Does the tenant still need the landlord's permission?

    Was wondering if signing that PW-1 is permission enough, or would the tenant still need the landlord's permission to begin as per the lease. Thank you.

    Peter’s Answer

    If you signed a PW-1 to allow your tenant to pull a permit and then you did nothing else, I think it could be inferred that you consented to the tenant having done the work. Otherwise, why would you have signed the PW-1 (would be the argument).

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  • My lawyer made changes to my real estate contract. I didnt sign or initial. Am I bound by the new contract?

    We are buying a house and need to back out of the contract. $20k escrow was opened before the lawyer made changes to our contract. Per the original contract, we could back out and get escrow back because we had down paymnt at only $25k and the len...

    Peter’s Answer

    Your question is confusing and I get the impression that "your" lawyer is not your lawyer at all. You started in the subject line calling him your lawyer but later when he changed the contract to be less in your favour and you called him "the lawyer" I get the sense maybe he was the seller's lawyer. Did you have a lawyer? (I would consider it odd if your own lawyer modified anything in favor of the seller.). So either way, we need more info. What type of contingency are you talking about? I don't understand how the downpayment went from 25k to 88 to 100 but I gather you're concerned about the $20k you initially put down. How much time has elapsed since when the change was made and now? Maybe their changes could be considered a "counter offer" and you can reject. But it sounds like it's gone beyond that and I see you now asking if you can "get denied" for a loan... and get the escrow back. If you're talking about sabotaging your loan application, that never works - the contract must require good faith due dilgence on your part.

    BOTTOM LINE: if you don't already have an attorney you need one now . And if you do, in fact, have an attorney, you need to discuss with him what happened and what can be done.

    Good luck

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  • If I have to go to housing court to evict a tenant would I then be required to fix the error at HPD ?

    An error at Hpd on my property shows it as a bldg with 11 class A apts, I have recently received a C of O for a 2 family, I'm now renting the apts, I don't want to get involved with changing the error at HPD because it might rigger a tax reevaluat...

    Peter’s Answer

    I agree with attorneys Homapour, Treiman, and Chertock, but after reading your slew of frustrated responses I gather you only want to know whether initiating the eviction will automatically trigger HPD to investigate. I do not believe so. However, if it comes to the tenant's attention, he could always blow the whistle, so to speak. Retain counsel before doing anything, though.. you're about to walk a fine line.

    Good luck.

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  • Landlord stealing utilities for business and residential units. Is this outrageous?

    I own a small business and there are levels of residential apartments on top. First, I found out recently my landlord is funneling my electricity for the utility room (water heater, heater for the building). That's the only utility I'm responsible...

    Peter’s Answer

    You've received two good answers, but if you're not looking for a fight, maybe you can negotiate a reduction in your rent? I'd speak to the landlord - and stop talking to other tenants - and tell your observations and concerns. Maybe you can work something out. It's not always worthwhile (financially) to go any other route.

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  • Is $1000 co-op fine an unenforceable penalty?

    I performed work without co-op board approval. I was fined 1000$. The house rules clearly state fine for work performed without approval. What can I do.

    Peter’s Answer

    Yes, it's enforceable and you should pay it before they tack on interest, penalties, and whatever else the houser rules provide.

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  • Can I ask for the Co-Op Bylaws?

    Can the co-op prevent me from getting the Bylaws?

    Peter’s Answer

    The attorney that represented you at the purchase probably had a copy (maybe he kept a copy) as part of his due diligence - maybe start with her.

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  • My wife passed away with both our names on the deed in entireties ownership.

    I want to add my daughters name to the deed which my wife and myself held as owners in entiretity, the orange county NY gov't says that I can't do that until my wifes name is off the deed. I showed them the death certificate to no avail.

    Peter’s Answer

    You've been misinformed or you have not provided us all the info. I believe, based on what you have said, that Mr. Chertock is correct. If your wife and you were the only two people in title and you held title as tenants by the entirety (meaning you were married at the time you purchased the property) then you need do nothing and you are the sole owner by operation of law and are free to deed the house to anyone (including to your daughter and you) as you see fit. Retain counsel, though, since there are differences in the way your daughter and you can take title that can affect what happens if one of you should die - as well as tax ramirications to you both.

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