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Recent Posts in Corporate Residential Leases Category

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LOOKING FOR A FREE LANDLORD-TENANT ATTORNEY?

Free Monthly Legal Clinic For Tenants I continue to work with Eviction Intervention Services to offer a free monthly legal clinic for tenants. If your landlord is harassing you or threatening you with ...
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FAR FROM UNIQUE

When a nonprimary-residence holdover proceeding was filed against it, Unique People Services, Inc., asked for the case's dismissal on the grounds that the landlord had failed to make a "genuine ...
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ONCE BURNED BY INSURANCE BROKER, TWICE SHY?

In Hersch v DeWitt Stern Group, Inc. , after his apartment burst into flames, Dennis Hersch discovered that he had also been burned by his insurance broker. In 1992, Hersch contacted the DeWitt Stern ...
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DEFINING "HOME IMPROVEMENT" WITH PRECISION

In Precision Mirror & Glass v. Dicostanzo, the Appellate Term, Second Department, reversed a Staten Island Civil Court order which granted Ben Dicostanzo summary judgment and dismissed Precision ...
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LUCAS IN THE TIMES!

Just in case you missed it, one of my partners, Lucas A. Ferrara, was quoted quite extensively in the Real Estate section of yesterday's New York Times. Lucas responded to an inquiry regarding a ...
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WHERE WAS SHE HIDING FOR 9 YEARS?

If you're just a "roommate" -- and not named in a lease or pay rent directly to the landlord -- the law may consider you to be a "licensee," which means you can be evicted once the person who granted ...
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WHAT IS "MATERIAL" MADE OF?

Before a tenant will be evicted for a lease-related violation, a court will usually inquire as to whether the default was "material" or "substantial." When a breach is found to be ...
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NOT A DAY OF THE CONDOR

In Condor Funding, LLC v Miles, Condor alleged that Ginger Miles had illegally sublet her rent-stabilized apartment in order to pursue a teaching assignment in the Lone Star State. Although the tenant ...
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COOP LOSES LEGAL FEES

In June 2003, Catherine Dupuis started a lawsuit against two fellow shareholders and a cooperative corporation alleging that "excessive noise" emanated from adjoining apartments and that ...
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WHY RED AND GREEN?

Most leases restrict what tenants can do within their apartments. Alterations, or other changes made without the owner's consent, are usually prohibited. By way of example, paragraph 10 of the The ...
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DON'T CAPITULATE: GET A SURRENDER!

What do you do when you suspect a tenant has permanently vacated a commercial or residential space and has left others in possession (without the landlord's consent)? Without a tenant's documented ...
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NUISANCE: HELL OR HIGH WATER

Most people have a hard time comprehending the legal definition of the word "nuisance," and that is completely understandable. (It often confuses lots of lawyers and other real-estate ...
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HOW TO GET A NONPAYMENT CASE DISMISSED

There are a series of steps a landlord must take before starting a rent nonpayment case. The first hurdle is to make a demand of the rent upon the tenant. While this demand may be made "in ...
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WILL RENT ACCEPTANCE REVIVE TENANCY?

Will the acceptance of rent, after a tenancy's termination, reinstate the landlord-tenant relationship? Not necessarily, according to a decision issued last week by the Appellate Term, First ...
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APPRAISAL DELAY EXTENDS LEASE

Leases often contain options to renew. While the terms of these provisions differ significantly, they typically provide a time period within which certain actions must be taken. Failure to timely ...
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NO SPLITTING ALLOWED

When it comes to small claims cases, the most you can sue for is $3000 in Town or Village Courts and $5000 in City Courts. What if you have a claim against an individual or company that exceeds that ...
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HOW MANY STABILIZED APARTMENTS DOES A GAL NEED?

In order to keep their regulated apartments, tenants are required to maintain these units as their "primary residence" -- defined as an "ongoing, substantial, phsyical nexus with the ...
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NO DENUDING DHCR

Regulated tenants are free to file complaints against their landlords with the State Division of Housing and Community Renewal (DHCR) -- the state agency entrusted with the administration and ...
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TENANT EVICTED FOR VIOLATING AGREEMENT

In Forty Central Park South v. Wadud -- a nonpayment case -- the New York City Civil Court refused to vacate a warrant of eviction or to relieve a tenant of the consequences of his non-compliance with ...
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WHY ATTORNEYS SHOULDN'T SIGN ....

When starting a holdover case, it is risky for a landlord's attorney to sign a predicate notice (whether it be a notice to cure, notice of termination, or other variation on the theme). Harking back ...
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"DO NOTHING" LANDLORD LOSES $17,500

By state statute, known as the "warranty of habitability," all residential tenants are protected from conditions that are "dangerous, hazardous or detrimental to their life, health or ...
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TARDY TOLL TROUNCES TENANCY

When a tenant defaults in the performance of lease-related obligations, a landlord usually reserves the right to bring that tenancy to a premature end by issuing one or more notices as may be required ...
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CRIMINAL ACTIVITY MUST BE REPETITIVE?

Banc of America Securities, LLC ("BoA") -- the tenant of a West 57th Street office building -- was having a bit of trouble a few years back. Apparently, one of its employees was engaged in ...
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TENANT DENIED PURCHASE OPTION DUE TO LEASE DEFAULT

Failing to pay the rent on time could have dire consequences for commercial tenants even when they have never been declared in default. According to the Appellate Division, Second Department, in Cyber ...
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PAYBACK'S A B*TCH!

With increasing frequency, people are incurring substantial property damage or suffering from severe physical maladies as a result of mold. If you think these kinds of claims are covered by insurance, ...
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