Archived
We signed a lease for $2950, we mistakenly paid $2850 the entire year.Our checks were cashed the whole time. do we owe balance?
Michael's answer
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Answered on November 01, 2011
No. You are not correct. You owe the difference.
There is a legal theory called "accord and satisfaction". This is when there is a dispute as...
Archived
My landlord illegally separated a living room and dinning room to rent as 2 separate rooms. can i sue for back rent
Michael's answer
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Answered on November 01, 2011
New York State Courts have repeatedly held that illegal landlord — tenant agreements will not be enforced. Therefore, the Court should not award...
If tenant gives keys after 9pm the last day of the lease can I charge for Nov rent?
Michael's answer
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Answered on November 01, 2011
Q. Can I charge next month rent
A. No because she will be out of the apartment before midnight. I would suggest obtaining the keys from the...
Archived
As a US citizen and resident of Italy, do I have a requirement to spend a certain amount of days in US if I want to set up..
Michael's answer
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Answered on October 31, 2011
You are a US citizen. So, the answer is no. There is no residency requirement as long as you have a New York address.
Mike.
NY,NY.
Can I sue my landlord because my apartment is infested with mice we can't get rid?
Michael's answer
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Answered on October 27, 2011
I would immediately file a complaint with NYC HPD. Tenants may call the City's Citizen Service Center at 311, 24 hours a day, 7 days a week. More...
Archived
Can I continue using my old name after I got a court order for a name change that I regretted getting?
Michael's answer
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Answered on October 26, 2011
Q. The passport renewal form, however, asks if I had a name change. How should I answer this question?
A. You should tell the truth; that you...
Archived
My mother's boyfriend passed away and she has been told that only family members can obtain a copy of the death cert.
Michael's answer
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Answered on October 25, 2011
If the boyfriend died in Bayshore - as your questions suggests - contact the vital records clerk for the Town of Babylon.
You will also have to...
Archived
Appellate Court
Michael's answer
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Answered on October 24, 2011
Q. Why would counsel request relief in the form of a judgment in the middle of a appeal?
A. He is allowed. The appeal does not stay (stop)...
Archived
Can I sue?
Michael's answer
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Answered on October 24, 2011
There is a six year statute of limitations period for breach of contract.
If the amount in issue is $5,000 or under, you would be able to sue...
Archived
I had a restraining order put on me by my wife in California and I cant see my kids. All of us are now in New York. what now?
Michael's answer
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Answered on October 24, 2011
I disagree with Mr. Sarno. New York would not have jurisdiction to vacate a California Order. You would have to file a motion to vacate the Order...
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