Commercial retail Lease, Should I be worried if Landlord send me a Five Days Notice for Rent Demand during this COVID-19 period?
David's answer
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Answered on May 25, 2020
Both notices are required now. The 2019 laws added a 5 new day notice never before required and extended the previous 3 day notice to 14 days.
Archived
E-filing in existing foreclosure cases in Suffolk County?
David's answer
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Answered on May 25, 2020
Tricky question. Right now foreclosures can’t be “enforced.” I have no idea what that means. I would think motion papers can be filed, but probably...
Archived
How do I break my lease during COVID19 in New York?
David's answer
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Answered on May 25, 2020
Your landlord may or may not be willing to negotiate a surrender agreement. There are no laws right now that would help you, and normally these...
Archived
What was the legislative intent in creating these classifications?
David's answer
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Answered on May 24, 2020
You are clearly good at doing research. To find out the legislative history you typically have to read the bill jacket and the memorandum of the...
As the remainderman on Mom's life estate deed who passed recently, I wish to pay off the existing HELOC loan
David's answer
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Answered on May 24, 2020
What exactly is the issue? I find it hard to believe the bank is telling you they can’t accept payment. Banks don’t care who pays.
Archived
Can we keep our opponent from calling our expert as a witness?
David's answer
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Answered on May 24, 2020
This is a complicated issue best resolved by the professional advice of an attorney. The decision whether to have an expert witness testify in a...
Is it possible to sue a 7/11 if I damaged my car in their parking lot due to their property?
David's answer
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Answered on May 24, 2020
You can always sue someone. Whether you will be successful is a different story. If 7-11 was negligent you will be successful.
Archived
Does a '90 day notice to terminate lease'' need a 'reserving rights to sue' and 'payments still needed as usual' clause'?
David's answer
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Answered on May 24, 2020
Don’t draft your own notices. Landlords do this all the time and have their cases thrown out in court because they goofed.
Archived
Can I legally with hold rent?
David's answer
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Answered on May 24, 2020
You may be able to do that, but I would be very careful about withholding rent without the advice of an attorney. With new laws in place since last...
Does a tenant have any legal rights to a landlord's tree overhanging the driveway?
David's answer
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Answered on May 24, 2020
Nothing the law can do about tree limbs. Park the car away from the tree.
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