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Blog Posts in May, 2006

WHAT'S IN A DEMAND OR NOTICE? SHOPRITE HAS THE ANSWER!

Prior to the commencement of a nonpayment proceeding, a landlord is required by statute to make a "demand of the rent," which may be oral or in writing. [Real Property Actions and Proceedings Law ...
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HOME DEPOT: NEVER ON SUNDAY!

Things were not so homey at Bradley Baker's place of employment. First hired as a full-time associate in the floor and wall department of Home Depot's store in Auburn, Massachusetts, Mr. Baker later ...
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YOUNG ISRAEL LOSES ADVERSE-POSSESSION CLAIM

The doctrine of adverse possession--staking a claim of right to property owned by another--although originally rooted in common law, is also grounded in New York State's statutes [N.Y. Real Property ...
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"I DON'T HAVE A LEASE, CAN I JUST LEAVE?"

In the State of New York, people who occupy unregulated apartments without the benefit of lease agreements are typically considered "month-to-month" tenants whose rights to occupy their ...
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SECURITY AIN'T RENT, BUT....

Like any other contract, lease or rental agreements are usually supported by the exchange of consideration. By that we mean, in return for a landlord's grant of exclusive possession and control of ...
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OWNER'S USE: "PIPE DREAMS" FOR FAMOUS FLUTIST

By law, an owner may refuse to renew the lease of a rent-stabilized tenant and recover possession of the unit for the owner's personal use--or that of an immediate family's member--as a primary ...
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ALL ABOUT EVA

For some three decades Eva Schlesinger enjoyed her below-market, rent-regulated unit, but the "near octogenarian" recently put her tenancy in jeopardy due to an "escalating pattern" of disruptive ...
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WHEN'S A GUARANTY, NOT A GUARANTY?

Who would believe that a Madison Avenue Bentley dealership, known for its high-end luxury automobiles, would not only have difficulty paying its rent but would terminate its lease well in advance of ...
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PLAYING "BOB THE BUILDER" CAN BE HAZARDOUS...

"Bob the Builder" is all the rage with kids and parents alike. You'll find his image on clothing, dinnerware, fruit snacks, lunch boxes, and toys. There's even a popular PBS program featuring Bob, his ...
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INVESTIGATE THIS!

Joseph K. White (an ex-cop) was employed by Michael G. Kessler & Associates (a forensic accounting and investigation firm) as an investigator. Mr. White's employment agreement contained a covenant not ...
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AS IS, SHMAZ IS: WATCH OUT FOR THE PCDS!

On March 1, 2002, the New York State Property Condition Disclosure Act became law. This statute requires a seller of a one- to four-family home to provide the buyer with a Property Condition ...
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FLY ME, LOSE YOUR LUGGAGE

While the statistics fluctuate widely over time, the U.S. Department of Transportation reports that there is a "mishandled baggage rate" of roughly 1 per 100 passengers flying U.S. carriers. ...
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PREFERENTIAL RENTS: WHAT'S YOUR PREFERENCE?

We are frequently asked, "Are preferential rents dead?" And, unfortunately, we have to equivocate a bit when giving an answer. Preferential rents are "reduced" rents granted to occupants of ...
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PROFITEERING: HOW MUCH IS TOO MUCH?

By law, a rent-stabilized tenant is not permitted to charge a roommate more than a proportionate share of the rent. (That rent share is determined by dividing the legal rent by the total number of ...
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