Legal Question in Real Estate Law in New York

Re: Breach of contract

Re-rent the property as soon as possible, get all your documentation together and then bill the Tenant for the lost rental and costs to re-rent. If they are due any money after that, send them a check marked "Payment in full" and "Accord and Satisfaction." Provide copies of your reports.

Anyone can sue, but they will not necessarily win.

My comments are based on treating your question as a hypothetical. Accordingly, my comments could be substantially and materially different were I advised of all of the relevant facts and circumstances. My comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with me or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts.

I am not hired to be your attorney, and no attorney-client relationship exists between us, unless and until you enter into a written retainer agreement with me, tender the agreed amount for a retainer and it is accepted by me. I reserve the right to decline representation should circumstances change.

As you are aware, in New York there are various deadlines for filing a complaint, filing an answer to a complaint, or taking other action in order to preserve your legal rights, and avoid a complete loss of those rights. You should retain counsel immediately in order to be fully advised of your rights, and to be fully informed of the applicable time period within which those rights must be asserted. If you were to delay in doing so, it might result in your potential cause of action being forever barred.

Re: Breach of contract

This is a factual dispute. Tenant makes a factual allegation that is contradicted by your documentation.

Assuming that your documentation is correct, Tenant is in violation of the lease. Therefore, you should find a replacement and file an action against the tenant for lost rental income.

Assuming that the tenant is correct, you would be in violation of the lease and the warranty of habitablity.

To avoid litigation, you would have to work a compromise with the tenant (meaning both sides will be unhappy).

Mike.

Re: Breach of contract

First you must understand that you can be sued whether you do everything right or not. (does not mean it is legitimate) If you have confirmed no infestation and received a report from competent company, you are probably ok if you are forced to defend in small claims court. If total less than $5,000.00, that's where suit must be filed. Regarding attorney's fees, unless attorney involved, no fee to be paid. Bottom line, it is up to you, however, if you are due the rent, provide accounting and give back only what is due. These people have followers many times and you are likely to be duped by someone in the same manner if you get to be known as a person that doesn't fight back. Bottom line, however, is your actions, your conscience and your ultimate decision.

Re: Breach of contract

Based on what you described, you should be happy that they left. First order of business is finding a replacement tenant. To avoid a lawsuit, you might want to send the tenant copies of your infestation reports and tell the tenant you dispute his or her assessment. Emotional distress damages are generally only recoverable if the injured party can show that the stress manifested itself in some type of physical injury. In otherwords, the tenant would need proof that the stress caused by the infestation caused her to, for instance, break out in hives. Once she gets past that test, the emotional distress damages would be measured in reference to the cost of medical care. Unless she had a major cardiac event, I wouldn't be too worried.

It sounds like a lot of bluster to me. Re-rent the place and don't let this idiot intimidate you.

Re: Breach of contract

More likely than not the attorney is taken as on a contingency. This is just an assumption. Most tenants don't have the money to pay. That's why what I was doing landward tenant work I represented the landlords. Prelitigation fights just open your hand. My immediate, now, suggestion, recommendation, no requirement, is to get an attorney who is well experienced in real estate, landlord/tenant work and give him/her all of the information and copies of all the paperwork. Get yourself set with your own attorney. Don't ask the attorney to be, prognosticator in you shouldn't ask us to be, prognosticator without all of the information, in front of us. That's not fair. I hope you got the message. By the way you needn't attorney in the county in which the property is located.i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.