Legal Question in Landlord & Tenant Law in New York
Landlord Tenant issue in NY (outside NYC): Landlord refused to return security, rented illegally (i.e. has a permit to rent to a single family but was using basement of building for running and registering a business while renting it and trying to rent it out to multiple families), cashed check they had NO right to cash 6 months after written after claiming they lost it and would return check if found (they were written a new one and deposited that), violated lease dozens of times with unlawful entry, refusing pest control after admitting issue has been going on for years (admitted in writing), refusing to adhere to their own lease and refusing to comply with their code enforcement violations from town. Tenant moved out and gave more than the 30 days notice required by lease due to uninhabitable conditions. Didn't violate lease though landlord claims it was violated. Went to court, landlord had case adjourned and countersued for maximum penalty for damages never mentioned prior to that point. Landlord never provided any bill or itemized list of damages within NYS' "reasonable amount of time", 21-45 days (i.e. court was first mention of damages to property and they were recorded stating there were no damages other than what they claimed tenant did but can prove they didn't do). Landlord's friend is representing them. Friend is a lawyer who is suspended (confirmed by Bar) and providing unauthorized practice of law since landlord doesn't want to pay for lawyer. In NYS, this is a misdemeanor but when it's time to go to court in January it will be a felony for lawyer. Should judge chambers be called immediately and report lawyer currently representing (not advising) landlord or wait until court date to do so? Does reporting a lawyer for doing this have any effect on the case?
1 Answer from Attorneys
Notify the judge asap. Also notify the Nassau County Bar Assoc Committee on unauthorized practice of law. And you should have counsel. 516-242-1453.
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