Archived
My case brought by the landlord against me was put to the side by the judge for lack of merit. Now the landlord has repeated his
Mitchell's answer
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Answered on July 29, 2015
An attorney would need to review the judge's order/decision to answer your question. Generally, if the case was dismissed without prejudice or the...
How long does it take for NYC marshall to execute a 'warrant to evict' to the tenant?
Mitchell's answer
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Answered on July 28, 2015
Since you have an attorney you should direct all inquiries to them. If you believe your attorney is not doing a good job you should let them know...
Archived
Does my Landlord can keep my deposit if i leave before the term ?
Mitchell's answer
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Answered on July 28, 2015
Based on your description of the facts it would seem that you are a month to month tenant. Accordingly, so long as you have provided proper notice...
Archived
What can the tenant do if the landlord doesn't refund two months security deposit?
Mitchell's answer
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Answered on July 28, 2015
The statute of limitations for an action predicated on a written contract, including small claims, is 6 years. If the lease shortens this period...
Archived
Will the new rule for section 1031, actually go in effect as of December 31, 2015?
Mitchell's answer
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Answered on July 28, 2015
It is very likely. But, as is the case with all major changes to the tax code and given the recent difficulties of passing the budget, it is almost...
Archived
How do you compel your hoa to give a homeowner a final bill so they can go to closing in a short sale?
Mitchell's answer
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Answered on July 27, 2015
You need to consult with your attorney. If you feel your attorney is not doing a good job the let them know why in writing, return receipt requested.
Archived
Additional HOA Fees to cover delinquent owners.
Mitchell's answer
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Answered on July 27, 2015
It depends on your proprietary lease. In the absence of the same you should look to the course of dealing in past situations. If the board is...
NYC Holdover: Is a stay pursuant to CPLR 5519 still automatic if the judgment amount is $0.00?
Mitchell's answer
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Answered on July 27, 2015
You should really consult with a landlord-tenant as this question does not have a simple answer. That said the applicability of CPLR 5519(a)(6) to...
Archived
Am I sole responsible for a tree on boarder line or if it's joint responsibility with neighbor?
Mitchell's answer
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Answered on July 27, 2015
What you are describing is called a "boundary tree". Generally, property owners have equal rights to a tree whose tree trunk straddles both...
Archived
Holdover after lease expired. Not sure what steps to take next as well as how long do we have before the sheriff shows up.
Mitchell's answer
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Answered on July 24, 2015
It could take months to evict you, but the process may cause you to be blacklisted thus further impairing your ability to obtain new housing. Your...
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