LIEB BLOG

How current events impact business & real estate

Showing posts with label #realestate. Show all posts
Showing posts with label #realestate. Show all posts

Thursday, June 03, 2021

As the National Ban on Evictions will be Lifted in June, There Will be a Rise of Evictions

With about 11 million Americans reported to be behind on their rent, experts predict that the number of evictions will increase when the national ban on evictions will be lifted on June 30th. New York State has extended the eviction and foreclosure moratoriums on both residential and commercial properties to August 31st, 2021. (A.7175)

While some states are still struggling to distribute the $45 billion in rental assistance, many renters continue to be behind on their housing payments.

If you would like to apply for rental assistance in NY, follow this link.

Have you applied for rental assistance?





Thursday, March 04, 2021

Why You Shouldn't Try to Convince Your Tenants to Leave Without a Lawyer

To all the landlords “embarking on a campaign” to end a tenancy, you might want to reconsider this tactic. The case of Negron v. Foster is the reason why.

In the case, the court found that the owner harassed the tenant with the intention of causing the tenant to leave the apartment.

During the time of tenancy, the tenant claimed to be verbally, mentally, and physically harassed by the owner. There were insulting and intimidating text messages from the owner demanding rent. Other repeated acts included physically attacking the tenant and her children, putting the heat on in the summer, and turning off the hot water that “substantially disturbed petitioners comfort, repose, peace or quiet.”

The court awarded civil penalties and compensatory damages to the tenant concluding that the owner harassed the tenant “with the intent of causing the petitioner to vacate the subject apartment.”

The landlord had to pay the tenant 3,000.00.

Do you have a tenant that you’ve been trying to convince to leave? Have you thought of seeking advice from a lawyer?

Tuesday, March 02, 2021

RE Closings: “Filthy” Condition is Broom Clean?

When selling a home, the contract may require that the home be in broom clean condition at closing.

Broom clean condition is a term often used to describe the condition of a home at the transfer of title (i.e., at closing). But what does it really mean to leave a home in broom clean condition?

In Witter v. Nitschke, the buyers claimed that the property was delivered in “filthy” condition, testifying that they observed hair in the bathrooms, dust and crumbs in the kitchen drawers, and cob webs and a dead fly on a window sill. However, the Court ruled that the premise was broom clean.

As the Court explained, “‘[B]room clean’ does not impose the duty on the seller to have the property professionally cleaned… If the buyers desire to have the property professionally cleaned at delivery of possession to the buyers the buyers need to negotiate a ‘professionally clean’ condition, rather than a ‘broom clean’ condition.”

All broom clean requires is that a home is cleared of all personal items, free of garbage, refuse, trash, and other debris.

Have you ever bought a house that required professional cleaning before you moved in? Are you going to require sellers to deliver it professionally cleaned in the future? Maybe you should.