Collecting a security deposit from the tenant is an absolute necessity because lawsuits against tenants for property damage and unpaid rent are very costly, the tenant may be “judgment proof” and the landlord does not have a right to seize the tenant’s property or obtain a lien for unpaid rent. The security deposit should be…
Landlords of residential dwellings of four or more units, other than public housing or cooperative apartment buildings, cannot unreasonably withhold their consent to assignment or subleasing of the apartment by the tenant. However, the tenant must obtain the written consent of the landlord before subleasing or assigning. An “assignment” of the lease transfers the entire…
The right NY property manager can make the difference as to whether or not you succeed as a landlord. First, have your accountant prepare a budget which includes capital improvements, advertising, taxes, insurance, vacancies and supplies. Interview a few property managers to get an idea of the range of services that are available. The property…
New York tenants can use retaliation as a defense to a landlord’s eviction suit. The landlord is presumed to have retaliated against the tenant if the retaliation takes place within six months after: The tenant complained to the government (e.g. health department or building inspectors); The tenant sued the landlord to enforce the rights under…
A New York tenant who intended to operate a store for the sale of pornographic materials has an affirmative duty to disclose that fact to the landlord, because such a store may have an adverse impact on neighboring properties. When the tenant responded to the landlord’s ad for a vacant store for rent, he stated…
A New York developer planned to build a 72- unit assisted living facility for the aged with staff offering residents assistance with meals and daily activities, but not skilled nursing care. The proposed site is zoned partly for commercial use and partly for residential use. After the Board of Zoning Appeals rejected the builder’s bid…
A Will names an executor who has the power to petition the Surrogate’s Court to probate it. An executor is the “personal representative” and fiduciary of the decedent and as such must administer the estate. The executor must ensure that the Will is carried out. In general, the executor must: Handle funeral arrangements and pay…
When you write a Will as testator in Buffalo, NY, it is especially important to choose competent and trustworthy executors and alternate executors. Otherwise, even careful estate planning may be rendered useless. The executor can be any person or institution that you choose. However, an executor should be: Experienced and competent in business matters; Familiar…
The 2010 New York Medicaid regional rates used to determine a transfer of assets penalty period are: Region Monthly Regional Rate Central New York $7,264 Long Island, NY $11,227 New York City $10,285 Northeastern New York $7,927 Northern Metropolitan NY $10,163 Rochester, NY $9,058 Western New York $7,694 These rates are based on average nursing…
Probate is the process of proving that the Will of a deceased person (testator) is in fact his or her Will and reflects his or her wishes. The purpose of probate is to prove the validity of the Will, have the executor appointed and administer the estate. A Will may not be probated unless the…
