Tag: landlords and tenants

Eviction Time Frame

On September 8, 2011, in Landlord-Tenant, by Robbie L. Vaughn, Esq.

Eviction Time Frame

Common question:

“Can you give me an eviction time frame?”

We are often asked, by both landlords and tenants, how long it takes to complete an eviction. The best answer we can give is: “The sooner the eviction process is started, the sooner it will be over.”  The are numerous things that can speed up or delay the eviction process. Right now, the Sheriffs and Marshalls, who actually execute the “warrant of eviction,” are quite backlogged. This has been adding a considerable amount of time to the eviction process. So, no one can tell you exactly how long the eviction process will take. At the moment, it is even difficult to give someone a “ballpark” time-frame for an eviction from  start to finish.

However, there are things that your attorney can do and/or suggest to speed the process up a bit and avoid further delay.

Landlord Tenant Attorney

The Law Firm of Vaughn, Weber & Prakope, PLLC proudly assists 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!

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!

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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

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Landlord Denied Late Fees

On July 3, 2011, in Landlord-Tenant, by Robbie L. Vaughn, Esq.

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!

 

 

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