Illegal Lockout
I signed the lease and made the required rental payment, but the Landlord won’t let me move into my apartment.
We have seen this scenario before.
First, you should ALWAYS get a signed copy of the lease (signed by you and the Landlord).
Second, there is a major difference between not being able to turnover possession of an apartment, and unjustifiably refusing to turnover possession of an apartment.
Not being able to turnover possession of an apartment
This commonly occurs when an existing tenant fails to vacate the apartment at the expiration of their lease. The Landlord is then forced to bring a “holdover” action against the existing tenant. Thus, your entry into your new apartment is delayed. Most leases contain a clause which states something like: “The failure of Landlord to give Tenant possession of the Unit on the Commencement Date shall not create liability for Landlord.” You may not have any legal recourse in such a case. However, the facts should be closely examined by you and an attorney (if necessary).
Unjustifiably refusing to turnover possession of an apartment
This sometimes happens when a Landlord finds someone willing to pay a higher rental amount after already having signed a lease with you. Under these circumstances, the Landlord would likely be in breach of contract for unjustifiably refusing to place you in possession of the apartment.
Legal Advice
You may want to contact an attorney for legal advice if you are in a situation where a landlord has refused to turnover possession of an apartment to you. This is not legal advice.
New York Landlord Tenant Attorney
The Law Firm of Vaughn, Weber & Prakope, PLLC, can be reached at (516) 858-2620.
Jury Selection for Personal Injury Trial
The jury selection process in Personal Injury cases is very important. Questioning the potential jurors is a process known as “Voir Dire.” This may be the single most important process in the whole trial. Selecting the jurors who will give you the best chance to win your case is invaluable. For the purpose of simplicity, we will not go deep into preemptive challenges. I will only say that your opposition is able to eliminate certain jurors from the potential juror pool. You are also entitled to eliminate jurors who you feel will help your opponent.
Since the burden of proof is on the Plaintiff in a Personal Injury case, the Plaintiff is generally the party who asks the most questions to the potential jurors. Defendants are given an opportunity to question each juror after the Plaintiff has completed his questioning of that juror. After each grouping of jurors is questioned by both parties, the Plaintiff and Defendant leave the room and discuss which jurors will be eliminated from the selection process or selected to become a final member of the jury panel.
Personal Injury Attorney in Mineola
Although this is an oversimplification of the jury selection process, the importance of the process cannot be overstated. You will need an attorney who has a strategy for jury selection that will give you the best chance to end up with a favorable jury panel. If you are not represented by counsel and have questions about your Personal Injury case, please call the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620 to speak to a Personal Injury Attorney who can help you with jury selection and any other aspect of your litigation.
HAMP Modification Program
HAMP Loan Modifications will continue to be available to homeowners “through December 31, 2015.” The original program deadline was December 31, 2013.
“The U.S. Department of the Treasury and the U.S. Department of Housing and Urban Development today announced an extension of the Obama Administration’s Making Home Affordable Program through December 31, 2015. The new deadline was determined in coordination with the Federal Housing Finance Agency (FHFA) to align with extended deadlines for the Home Affordable Refinance Program (HARP) and the Streamlined Modification Initiative for homeowners with loans owned or guaranteed by Fannie Mae and Freddie Mac.”
Read the cited Press Release here.
Long Island Foreclosure Defense Attorneys
The Law Firm of Vaughn, Weber & Prakope, PLLC, can be reached at (516) 858-2620.
Evaluating a Personal Injury Case
There are several factors that need to be considered in determining what the value of a Personal Injury case is. Multiple attorneys can have varying opinions with regards to the same case. That is because some attorneys will lend more weight to certain factors that other attorneys decline to. At the end of the day however, the initial evaluation of the case can determine whether the client obtains the best possible result.
Most attorneys would agree that the multitude of factors that must be considered when evaluating a Personal Injury case can be placed into three groups. These groups are Liability, Damages and Venue.
Liability is the determination of which litigant was responsible for causing the incident that led to the lawsuit. Liability can be placed solely on the shoulders of one party, or can be divided between the parties by assigning percentages of fault based upon the facts of the case.
Damages are the injuries and losses incurred by the Plaintiff. Severity of the injury, length of time medical treatment is required and loss of wages are some of the prominent damages that are regularly seen in Personal Injury cases.
Venue refers to the location that the case is going to be tried. Past verdicts play a significant role in determining what a future case will be worth in the same county.
This is an over simplification of what goes into the evaluation process for a Personal Injury case. It is highly advisable to seek the assistance of an attorney in trying to decide the value of one of these types of cases.
Personal Injury Attorney on Long Island
If you have been injured in an accident of any type, and have questions on how to proceed with your case, please call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 to speak with an attorney who can help you.
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