Month to Month Lease

On July 26, 2011, in Landlord-Tenant, by Robbie L. Vaughn, Esq.

Month to Month Lease

Is a Month to Month Lease good or bad?

It depends on how you look at it:

Landlord

Good: Generally, Landlord can terminate the lease for any reason with a 30 day notice.

Bad: Generally, Tenant can leave at the end of any given month.

Tenant

Good: Generally, Tenant can leave at the end of any given month.

Bad: Generally, Landlord can terminate the lease for any reason with a 30 day notice.

So, neither side really has much security with a month-to-month lease agreement. However, there are situations when a month to month lease is appropriate. Landlords and tenants should consult with a Landlord-tenant attorney to fully understand the pros and cons of entering into a month-to-month lease.

We proudly assist Landlords and Tenants in Nassau county (Long Island), Suffolk county (Long Island), Queens (New York), and Brooklyn (New York) with their landlord tenant matters. Call (516) 858-2620 to arrange a consultation with a Landlord Tenant attorney!

Edit

 

 

Landlord Must Provide Heat

On July 19, 2011, in Landlord-Tenant, by Robbie L. Vaughn, Esq.

Landlord Must Provide Heat

In the recent case of Olszewski v. Neuman, 2011 NY Slip Op 51287 – NY: Dist. Court, Nassau County, 1st Dist. 2011, the Court found that the Landlord’s failure to make repairs to the boiler and provide heat for 1 month, during the required heating season, was a constructive eviction.  Therefore, the Court ruled that the tenants were justified in moving out before the termination of the lease (“breaking the lease”), and were entitled a full refund of their security deposit.

Landlord Tenant Attorneys in Mineola

Call (516) 858-2620 to arrange a FREE consultation with a Landlord Tenant attorney!

Debt Collection Lawsuit Defense

On July 7, 2011, in Debt collection defense, by Robbie L. Vaughn, Esq.

We have been successful in getting debt collectors to drop their lawsuits against our clients.

In a recent case of ours, the debt collector filed a 1 page complaint seeking thousands of dollars in alleged unpaid charges. We defended the debt collection lawsuit by filing a  21 page response. A few weeks later the debt collector voluntarily dismissed its lawsuit with prejudice.

Most of us have heard that banks are having trouble foreclosing on home loans because they can’t “produce the note.” Well, debt collectors are having similar issues. Basically, debt collectors can’t prove that they are the proper party entitled to enforce the alleged credit agreement.

We proudly assist residents of Nassau county, Suffolk county, Queens, Brooklyn, Bronx, Staten Island, and Manhattan with debt settlement and debt collection defense. Call (516) 858-2620 to arrange a FREE consultation with an attorney!

I-485 Adjustment of Status

On July 5, 2011, in Immigration, by John A. Weber IV, ESQ.

I-485 Adjustment of Status

Recently, we have been receiving questions concerning the adjustment of status requirement for obtaining a Green Card.  When applying for a Green Card, you must first adjust your status from that of non-immigrant to permanent resident of the United States by filing an I-485 Application.  Where one files is determined by their category of eligibility.  Depending on their situation, one may have to file in Chicago, Vermont, Phoenix, Dallas or Nebraska.  The usual filing fee is over $1000 unless you fall under an exception such as age, refugee status, etc.  It is difficult to determine how long it will take to receive approval for an I-485 Application.  The process depends on many factors including petition category and security background checks.  You can check the status of your I-485 Application online, by phone/email or in person.  Not everyone is eligible to apply for Adjustment of Status including but not limited to persons not admitted or paroled following inspection by an immigration officer or someone whose authorized stay expired before filing their I-485 or cases of unauthorized employment.  Although not essential, it may often be beneficial for applicants to attain an Employment Authorization Document (EAD) or Advance Parole (AP) travel document.  In addition, drug or alcohol related offenses as well as arrests must be reported on the I-485 application.  If all of the paperwork is in order and satisfactory, it shouldn’t be long before one may receive their Green Card.   As always, if you have any questions regarding the immigration process, please feel free to call us at (516) 858-2620!

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. This website is Attorney Advertising. It does not form an attorney-client relationship. We are a debt relief agency and a law firm that helps people file for bankruptcy relief under the U.S. Bankruptcy Code – Title 11. Prior results do not guarantee a similar outcome. Proudly assisting residents of Long Island, Nassau county, Suffolk county, New York City, Queens, Brooklyn, Bronx, Staten Island, Manhattan