Downsville Landlord-Tenant Lawyer, New York


Francis William Wood

Commercial Real Estate, Estate Planning, Elder Law
Status:  In Good Standing           Licensed:  51 Years

Orseck

Traffic, Medical Malpractice, Real Estate
Status:  In Good Standing           

S Richard Gross

Reinsurance, Personal Injury, Commercial Real Estate, Trusts
Status:  In Good Standing           Licensed:  68 Years

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Free Help: Use This Form or Call 800-943-8690

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LEGAL TERMS

TESTAMENTARY DISPOSITION

Leaving property in a will.

QUIET ENJOYMENT

The right of a property owner or tenant to enjoy his or her property without interference. Disruption of quiet enjoyment may constitute a nuisance. Leases and r... (more...)
The right of a property owner or tenant to enjoy his or her property without interference. Disruption of quiet enjoyment may constitute a nuisance. Leases and rental agreements often contain a 'covenant of quiet enjoyment,' expressly obligating the landlord to see that tenants have the opportunity to live undisturbed.

GOODS & CHATTELS

See personal property.

FAIR HOUSING ACT & FAIR HOUSING AMENDMENTS ACT

Federal laws that prohibit housing discrimination on the basis of race or color, national origin, religion, sex, familial status or disability. The federal Acts... (more...)
Federal laws that prohibit housing discrimination on the basis of race or color, national origin, religion, sex, familial status or disability. The federal Acts apply to all aspects of the landlord/tenant relationship, from refusing to rent to members of certain groups to providing different services during tenancy.

HOMEOWNERS' ASSOCIATION

An organization comprising neighbors concerned with managing the common areas of a subdivision or condominium complex. These associations take on issues such as... (more...)
An organization comprising neighbors concerned with managing the common areas of a subdivision or condominium complex. These associations take on issues such as salting and sanding a subdivision when it snows and collecting dues from residents. The homeowners' association is also responsible for enforcing any covenants, conditions & restrictions that apply to the property.

USUFRUCT

The right to use property -- or income from property -- that is owned by another.

OFFENSIVE COLLATERAL ESTOPPEL

A doctrine that prevents a defendant from re-litigating an issue after it has been lost. For example, if your neighbor sues you for putting up a fence on his la... (more...)
A doctrine that prevents a defendant from re-litigating an issue after it has been lost. For example, if your neighbor sues you for putting up a fence on his land and the court rules that your fence extends beyond your property line, you can't later file your own lawsuit seeking a declaration that the property line is incorrectly drawn.

HOMESTEAD

(1) The house in which a family lives, plus any adjoining land and other buildings on that land. (2) Real estate which is not subject to the claims of creditors... (more...)
(1) The house in which a family lives, plus any adjoining land and other buildings on that land. (2) Real estate which is not subject to the claims of creditors as long as it is occupied as a home by the head of the household. After the head of the family dies, homestead laws often allow the surviving spouse or minor children to live on the property for as long as they choose. (3) Land acquired out of the public lands of the United States. The term 'homesteaders' refers to people who got their land by settling it and making it productive, rather than purchasing it outright.

DOMINANT TENEMENT

Property that carries a right to use a portion of a neighboring property. For example, property that benefits from a beach access trail across another property ... (more...)
Property that carries a right to use a portion of a neighboring property. For example, property that benefits from a beach access trail across another property is the dominant tenement.

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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