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What are my legal rights if my tenant stops paying rent?

Being a landlord can be a difficult job.  If your tenant has broken the rules of the lease or failed to pay rent on a timely basis, you may need to pursue an eviction.  While the word eviction sounds daunting, with the assistance of a real estate attorney and some basic knowledge about the eviction process, you can remove the noncomplying tenant so that you can re-rent the property as soon as possible.  Take a look at the following overview of the steps to an eviction in New York and contact our real estate lawyers at The Law Firm of Merlino & Gonzalez for assistance with evicting your tenant.

When You Can Evict a Tenant?

Under New York law, a tenant can be evicted for several potential reasons.

While many homebuyers may hear that it’s all about “location, location, location,” there are other important factors to consider when selecting a house, not the least of which is the structural condition of the dwelling, and the heating, cooling, plumbing and electrical systems. For this reason, before you close on a home purchase, or at the time an offer is made, you should arrange for an independent home inspection. This article is a brief discussion of the ins and outs of home inspections.

Home Inspection: 101

First, any deal should be contingent on your acceptance of a final home inspection report. If the inspection reveals no defects, you’ve cleared the first hurdle buying a home.

Although many individuals are well served by a will-based estate plan, a will must go through a court supervised proceeding referred to a probate. Depending on the size and the complexity of the estate, this can be a time consuming and costly process. For this reason, we often recommend creating a revocable living trust. 

What is a revocable living trust?

This estate planning tool is a legal document that takes ownership of the trust maker’s property. The trust names a trustee, which is also in most cases the grantor, or the person making the trust.

If you are a first time homebuyer, navigating the real estate market in Staten Island can be complicated. From selecting a dwelling and signing a contract to arranging for a home inspection and securing a mortgage, the process requires doing some homework along with having patience and resolve.

When you’re ready to buy a home, you are well advised to speak with our experienced real estate attorneys who will work to protect your interests and help you close the deal. In the meantime, we’ve put together the following guide for first time homebuyers:

Review Your Credit Report

Before you even start looking for a home, it is important to evaluate your creditworthiness, since blemishes on your credit report will make it difficult to qualify for a loan. By obtaining a free credit report by going to annualcreditreport.
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Q: What could happen to my assets --and my remains-- if I die without a will?

Staten Island estate planning attorneys can give plenty of reasons why everyone should have an estate plan. You’ve probably even heard of some of them. Yet something may still be keeping you from taking action and getting your affairs in order or keeping them updated.

How do I negotiate a strong commercial lease in NYC?

Sixteen years after New York City and the rest of the nation experienced the horrors of 9/11, the New York City commercial real estate market has rebounded and then some.  The latest market statistics show over 2.75 million square feet of commercial space leased, with the average asking rental price of nearly $74 per square foot.  New York City developers anticipate that the commercial real estate market in the city will only continue to grow.  With such demand, securing a coveted commercial space can be difficult.

Q: What is driving the investment property boom on Staten Island?

Staten Island commercial real estate is on fire – – not literally, just in a good way. We knew things were booming, but now we have the numbers to prove it.

And the numbers don't lie.

Why might a rent-to-own home agreement be risky for the tenant?

Qualifying for a mortgage requires strong credit and sufficient income.  Many Americans find themselves unable to obtain a traditional mortgage due to a lack of credit, a negative payment history, or not enough income.  For those individuals that do not qualify for a mortgage through the bank, but desire to own their own homes, a lease-purchase agreement may seem like the best option.  A well-crafted rent-to-own agreement could make your dreams of home ownership a reality, but anyone considering such a purchase will need to consult with a

Over the years, many married couples have come to us for assistance with buying a home. Today, however, it is becoming increasingly common for unmarried couples, family members, friends and even business partners to buy a home together. Nonetheless, there are important considerations involved when non-spouses buy a home, some of which are discussed in this article.

Get It in Writing

Buying a home is probably the single largest financial transaction that many people will undertake during their lifetime. When the parties are not married, moreover, there are unique issues involved, such as how expenses will be handled, who owns what percentage, and how title will be held, among others.

What costs can a landlord deduct from the tenant’s security deposit?

Most tenants will need to put down a security deposit before renting a residential property.  The security deposit is typically close to the amount of one month’s rent, and it is intended to cover damages inflicted by the tenant to the property that go beyond normal wear and tear.  Much controversy exists as to when landlords can keep a portion of the tenant’s security deposit.  One of the most common disputes between landlords and tenants is the return of the security deposit. 

What factors should I consider before signing a commercial real estate lease?

As New York City prices continue to climb and real estate becomes sparser, developers are expanding outside the City.  Westchester County is the newest target for investors, attracting a flurry of new businesses, ranging from restaurants and stores to theaters and a brewery.  Several multi-million dollar projects will bring a host of new residents to Westchester. If you are a developer or entrepreneur looking to enter the Westchester market, consider some of the following factors you should weigh before signing a commercial real estate lease, as offered by our Staten Island real estate lawyers.