Lily Dale Landlord-Tenant Lawyer, New York
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11 Lake Avenue, Brocton, NY 14716
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LEGAL TERMS
ADVERSE POSSESSION
A means by which one can legally take another's property without paying for it. The requirements for adversely possessing property vary between states, but usua... (more...)
A means by which one can legally take another's property without paying for it. The requirements for adversely possessing property vary between states, but usually include continuous and open use for a period of five or more years and paying taxes on the property in question.
REAL ESTATE
Land and the property permanently attached to it, such as buildings, houses, stationary mobile homes, fences and trees. In legalese, real estate is also called ... (more...)
Land and the property permanently attached to it, such as buildings, houses, stationary mobile homes, fences and trees. In legalese, real estate is also called real property.
EXECUTRIX
An old-fashioned term for a female executor--the person named in a will to handle the distribution of the deceased person's property. Now, whether male or femal... (more...)
An old-fashioned term for a female executor--the person named in a will to handle the distribution of the deceased person's property. Now, whether male or female, this person is called either the executor or the personal representative.
NET LEASE
A commercial real estate lease in which the tenant regularly pays not only for the space (as he does with a gross lease) but for a portion of the landlord's ope... (more...)
A commercial real estate lease in which the tenant regularly pays not only for the space (as he does with a gross lease) but for a portion of the landlord's operating costs as well. When all three of the usual costs--taxes, maintenance and insurance--are passed on, the arrangement is known as a 'triple net lease.' Because these costs are variable and almost never decrease, a net lease favors the landlord. Accordingly, it may be possible for a tenant to bargain for a net lease with caps or ceilings, which limits the amount of rent the tenant must pay. For example, a net lease with caps may specify that an increase in taxes beyond a certain point (or any new taxes) will be paid by the landlord. The same kind of protection can be designed to cover increased insurance premiums and maintenance expenses.
RUNNING WITH THE LAND
A phrase used in property law to describe a right or duty that remains with a piece of property no matter who owns it. For example, the duty to allow a public b... (more...)
A phrase used in property law to describe a right or duty that remains with a piece of property no matter who owns it. For example, the duty to allow a public beach access path across waterfront property would most likely pass from one owner of the property to the next.
FINDER'S FEE
A fee charged by real estate brokers and apartment-finding services in exchange for locating a rental property. These fees are permitted by law. Some landlords,... (more...)
A fee charged by real estate brokers and apartment-finding services in exchange for locating a rental property. These fees are permitted by law. Some landlords, however, charge finder's fees merely for renting a place. This type of charge is not legitimate and, in some areas, is specifically declared illegal.
DONATION
A gift of property. The IRS allows you to take an income tax deduction for the value of donations made to charitable organizations who are recognized as such by... (more...)
A gift of property. The IRS allows you to take an income tax deduction for the value of donations made to charitable organizations who are recognized as such by the IRS.
LANDLORD
The owner of any real estate, such as a house, apartment building or land, that is leased or rented to another person, called the tenant.
YELLOW-DOG CONTRACT
An employment contract in which the employer forbids the employee to join a labor union. Yellow-dog contracts are not legally enforceable.
SAMPLE LEGAL CASES
Rios v. Carrillo
... In 2000 the plaintiff landlord leased a residential apartment to the defendant tenant for a term
of two years. ... Not long thereafter, some courts extended this 113 reasoning to the issue of landlord's
[sic] duty to mitigate, concluding that a landlord should indeed have such a duty ... ...
MATTER OF YITZHAK" JAMES" PASTREICH v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL
... The August 1991 rent stabilized lease entered into by tenant and landlord recited a monthly rent
of $5,747.52, but included a rider, denominated "Rider to Preferential Lease Agreement," providing
for a "preferential rent" of $3,000 on condition that tenant accept the apartment in ...
MATTER OF 508 REALTY ASSOCIATES, LLC v. New York State Division of Housing and Community Renewal
... The Rent Stabilization Law (Administrative Code of City of NY § 26-501 et seq.) provides that
if the New York State Division of Housing and Community Renewal (hereinafter the DHCR) finds
that a landlord, after a reasonable opportunity to be heard, has collected an ...
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