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
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Landlord Was Denied Late Fees
In the recent case of BROJA REALTY, LLC v. Amparo, 2011 NY Slip Op 51168 – NY: City Court, Civil Court 2011, Landlord was denied late fees of $3,750 (which had accrued over the last 6 years).
The landlord was denied late fees due to his delay in seeking the fees and his accounting methods. Most of the late fees being sought had accrued over four years ago. Additionally, the Landlord maintained two different accounting books, each reflecting different charges for late fees for the same period.
We proudly assist Landlords and Tenants in Nassau county, Suffolk county, Queens, Brooklyn, Bronx, Staten Island, and Manhattan with their landlord tenant matters. Call (516) 858-2620 to arrange a FREE consultation with a Landlord Tenant attorney!
Landlord Owes Tenant
Here is an unusual case where the landlord owes tenant $115,944.19.
Section 7-103 of the General Obligations Law provides, in pertinent part, that:
1. Whenever money shall be deposited or advanced on a contract or license agreement for the use or rental of real property as security for performance of the contract or agreement or to be applied to payments upon such contract or agreement when due, such money, with interest accruing thereon, if any, until repaid or so applied, shall continue to be the money of the person making such deposit or advance and shall be held in trust by the person with whom such deposit or advance shall be made and shall not be mingled with the personal moneys or become an asset of the person receiving the same.
In the recent case of 23 E. 39th ST. MGT. v. 23 E. 39th ST. DEVS., 2011 NY Slip Op 31684 – NY: Supreme Court 2011, the landlord failed to place a $400k security deposit in a segregated interest bearing account. The court found this to be conversion and ordered that the landlord return to the tenant, $115,944.19, the amount sought in the complaint, with interest at the statutory rate from October 9, 2007.
We proudly assist Landlords and Tenants in Nassau county, Suffolk county, Queens, Brooklyn, Bronx, Staten Island, and Manhattan with their landlord tenant matters. Call (516) 858-2620 to arrange a FREE consultation with a Landlord Tenant attorney!
We are often asked, “should I short sale my property if I already filed bankruptcy?”
Maybe.
There may be several reasons to proceed with either a deed-in-lieu of foreclosure or a short sale of your home after your bankruptcy discharge is granted and your bankruptcy case is closed:
- To avoid paying Homeowner’s insurance.
- To avoid being liable for any injuries sustained on the property.
- To avoid liability for HOA dues.
- To avoid liability for failure to maintain the property.
The above reasons may cause you to lean towards a short sale or deed-in-lieu of your property. However, it would be wise to consult with an attorney before making a final decision.
We proudly assist residents of Long Island: Nassau county, Suffolk county, New York City: Queens, Brooklyn, Bronx, Staten Island, and Manhattan. Call (516) 858-2620 to arrange a FREE consultation with a bankruptcy attorney!
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