Rochester Landlord – Tenant Representation
Real estate is the largest asset class in the world, unique in its ability to be mortgaged. While the ability to leverage real estate makes it very attractive for prospective investors, it also opens up a number of inherent legal risks which a prospective landlord should be aware of.
My name is Bob Friedman and I am a Rochester Landlord and Tenant Attorney. I have developed an expertise in Real Estate Law over the last 30 years, and in fact, I’ve assisted with so many Landord – Tenant legal matters, I authored a book on the subject – “How to Survive Legally as a Landlord.” I promise you that working with an experienced attorney means that resolution to your real estate issues will be quicker.
If you own rental property, you have probably realized that there are a number of recurring themes with real estate ownership, such as:
- Drafting airtight leases – including all the necessary clauses related to deposits, repairs, utilities, pets, subletting and alterations
- Quick eviction of bad tenants and preparation for all possible defenses against potential lawsuits
- Collection of money from tenants for unpaid rent and damages
- Advice on avoiding costly litigation brought by tenants for causes such as discrimination, injuries, toxic mold, lead paint and other punitive damages
- The purchase and sale of properties with sound advice on foreclosures, taxes, financing, structural inspections, lease reviews and municipal inspections
- Screening tenants using background checks – but without the risk of discrimination
- The correct handling of security deposits
Some other real estate issues that I work with regularly include the following:
Hold-over Proceedings? Sometimes tenants continue to occupy a property without an agreement after the original lease or rental agreement has expired. This is a serious matter as it affects the landlord?s ability to re-lease the property.
Hold-over can also take place when a landlord terminates a tenants agreement due to a breach in the terms of the lease, such as illegal subletting or causing a nuisance. In these cases I will initiate summary Hold-Over proceedings to ensure the landlord?s rights are protected.
Yellowstone Injunctions? This is the New York case of First National Stores Inc. v. Yellowstone Shopping Center (21 NY2d 630 (1968)). An injunction issued from the New York Supreme Court enabled a tenant to remedy a lease-breach before the landlord had a chance to terminate the lease. This buys the tenant time to remedy the breach and not be evicted, saving the tenant a potentially large amount of money.
Tenant/Landlord Litigation? Some areas of possible litigation include Fair Market Rent Appeals, Damage to Property Disputes, Breach of Warranty of Habitability and even Tenant Privacy Rights. This area of the law is governed by both Federal and State law and is continually evolving. Having a Rochester Landlord and Tenant Lawyer that keeps up to date on the changes to the law is critical.
Non Payment of Rent? Not receiving rent payments can be very serious. If a tenant refuse to pay rent I will immediately commence a summary non-payment proceeding in order to ensure the fastest payment possible.
Other areas which I advise real estate clients on are:
- 3-day notices
- 30-day notices
- Abandoned property in Rochester
- Assistance with small claims matters in the Rochester courts
- Creation of rental and lease agreements
- Credit and Reference Checks
- Damage to property
- Debt Collection
- Defense of Discrimination Claims
- Disabled Tenants
- Eviction of Drug Dealers
- Rochester Eviction proceedings
- Fair Housing Laws
- Fighting or other disruptive behavior
- Late Fees
- Lawsuits for Possession filed in Rochester
- Lead Disclosure Form
- Litigation for breach of contract or similar causes of action
- Litigation of Landlord and Tenant disputes
- Modifications to rental and lease agreements
- Money Judgements
- Move-in/Move-out Checklists
- Noise violations
- Petition and Notice of Petition
- Renter?s Insurance
- Section Eight Tenants
- Security deposit disputes
- Subletting and Assignment of the Lease
- Summary Proceedings
- Tenant Applications
- Termination of Rental and Lease agreements in Rochester
- Too many occupants in a dwelling
- Unlawful detainer complaints
- Violation of lease provisions
- Warrant of Eviction
- Writing letters on behalf of both landlords and tenants in an attempt to avoid litigation
- Wrongful retention of security deposit
For immediate assistance with your landlord or tenant issue please call me at 585 377 5504 or toll free at 800 729 4571. Or if you prefer, e-mail me using the contact form located on this page.