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Peter J Weinman
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Peter Weinman’s Answers

2,589 total


  • Do I have a case against a landlord that is stealing my power?

    My wife owns a small business in a 3-story-building. We are on the basement/ground flr, 2 residential levels on top. I was changing light fixture in the basement, and I found out that our landlord has been using my power all these years. There's a...

    Peter’s Answer

    I prefer Mr. Smollens' answer over the other 2 (which are also correct) because he warns that you will likely lose unless you obtain that info first. I just want to chime in, having had a client recently lose such a battle, to explain what could happen. The landlord could rectify the situation before the utilities come in and see what was done. Good luck.

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  • Management turning water off from 8am-530 pm ... How much of a notice. What method of communication.. n how long is really legal

    Management refuses to post communications or give handouts. Insist on email only. Which isn't always effective especially for the percentage of people elderly that are not computer savvy etc.

    Peter’s Answer

    The answer depends upon the landlord's reason for turning off the water. Emergency? Routine Maintenance/cleaning/updating? What do the respective leases say about such notices? If it's not an emergency, some leases may require advance written notice by a certain method (email ?) and others might call for regular mail or a note posted on the door.

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  • Moving out of state after a custody order is in place

    My husband and I got married in NY. We had two children. He left us this past April and moved back to his home state of NJ. I still reside in NY with the children. We are in the process of getting our permanent custody orders, setting me as primar...

    Peter’s Answer

    These are precisely the types of questions that only your attorney can and should answer for you. If your attorney is too busy these days, might I suggest a new attorney? Use Avvo's find a lawyer feature. Good luck!

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  • Do I need to pay for landlord?

    I've got a issue with landlord. I've rent a apartment, the wall of first floor was decorated with glass. one of my friend visited me and he thought the glass was a door, accidentally,he knocked down the glass, of course it's broken. landlord repl...

    Peter’s Answer

    Unless your lease required otherwise, it's your problem and you should have insurance. If you don't have insurance, you might consider some moving forward. Apartment dwellers' policies are relatively inexpensive - less than $400, for sure.

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  • Notice to Cure: Last 2 mos rent free starting day upon served

    It is all hearsay and not backed up at all. My landlord is the Brooklyn Princess (lol). They just are being rude to get rent for the months at like 1K above my already exorbitant rent. what do i do?????

    Peter’s Answer

    Mr. Treiman is correct in his response but I'm not sure I understand the question.

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  • What is the best approach to get a house deed in my name, although a partial mortgage remains which I plan to pay off?

    There is an agreement between my sister and I regarding a house that is currently under her name. The agreement is that I will live in the home and continue to pay the monthly mortgage that is under her name until I qualify for a mortgage of my ow...

    Peter’s Answer

    It sounds as though your sister is concerned that deeding the house to you will trigger an event of default under her mortgage. (due on sale clause). There are some exemptions to that trigger, but without more information it's impossible to say (though probably unlikely unless the house is held by a Trust),. As the others have pointed out, this can be treated as a simple "sale" and at the time you payoff her mortgage (whether you obtain your own or not is inconsequential) she can deed the house to you. Retain counsel for yourself and have your sister do the same. It should not be too complicated. Good luck.

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  • In NYC are landlords required to serve a 30-day notice of termination on the subtenant/under-tenant?

    I am a landlord in Brooklyn NY seeking to evict a tenant who has moved his girlfriend as an under-tenant into the apartment. When I send my 30-day notice to him am I legally required to serve her a notice as well? Furthermore should the notice inc...

    Peter’s Answer

    You've received several good answers already but I have questions before I would answer. Is there a lease? What's the 30-notice for? Demand to cure something or are you terminating the lease (to prepare for a holdover proceeding?) Is the fact that he moved in the girlfriend your only reason for wanting to evict him? (not a great reason).

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  • am i required by law to refund a deposit to a tenant who no longer want to rent ?

    on june 3rd i accepted a deposit from a guy to reserve a room in my 2bdr apt for him. i clearly told him that the balance has to be paid so he can move in and the $300 is nonrefundable. i wrote on the receipt: $300 to reserve room, nonrefundable, ...

    Peter’s Answer

    I note Mr. Homapour is the only attorney whose answer you thanked and it's probably because he's the only one who suggested what you wanted to hear. He's not wrong, however, for reasons stated by Mr. Smollens and Mr. Treiman in their answers and comments between themselves, clearly they have offered you the better advice under the circumstances as I believe them to exist. Good luck!!!

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  • When the marshal comes to evict you?

    My court petition has the wrong address and I completed an osc due to lack of jurisdiction. However after judge signed, about a week after the landlord attorney went to appellate court where they stroke it out according to law 5704 b. Can the mars...

    Peter’s Answer

    We need more facts. Just becasue the Petition has a wrong address doesn't mean it was not subsequently corrected - maybe by ex-parte motion (nunc pro tunc). The Marshal will serve you at and evict you from whatever address the warrant says - and if it's the wrong address, then you will not be served or evicted. How "wrong" is the address? Wrong house or apartment number, or something less dramatic, such as 1A instead of A1?

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  • Purchased house with deck on it in 1998 now got letter from town it wasn't no permit for it

    Town wants me to pay for permit Who's job is it to check this before you get a co

    Peter’s Answer

    Ms. Rothbort is correct, but I am chiming in to suggest that if you had an attorney representing your interests when you purchased this house, you should speak with her about this and whether it was known or unknown to you (or your predecessor) at the closing. Also, has the deck been altered since you purchased? That would have necessitated a new c/o.

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