If you are a businessperson, residential homeowner, investor, or commercial property owner, you need the advice of a legal professional for your real estate matters. New York real estate law can be complicated, and you are investing or have invested a lot of money in your property or properties. You need to make sure your rights and interests are protected.
Type of New York Real Estates Issues You May Have
Landlord Tenant Disputes: The best way to protect yourself against a landlord tenant dispute is to ensure you have a detailed and thorough agreement or lease, but even with this, you can still have a dispute. For example, you may need to send an eviction notice, such as a notice to cure, a notice of default, a notice to quit, a notice of termination, and nonpayment and holdover petitions, in order to enforce your rights as an owner or landlord. You may also have questions about rent control, rent stabilization, and loft laws in the state of New York, or you may need assistance in residential or commercial non-payment proceedings, owner occupancy, non-primary residence, illegal subletting, and lease defaults, rights of successions, illusory tenancy, properly exercised options and interpretation of additional rent provisions.
Mortgage Foreclosures: If you have fronted money to an individual or business for a property and they are no longer able to pay for the property, you may need to take steps to foreclose on the property. Before doing so, you may be able to work out a payment plan or a forbearance agreement, but if this does not work out, you will have to begin the complex procedure of getting your property back. You can also hire an attorney to help work toward preventing a mortgage foreclosure.
Leases: A good lease helps to protect the interests of the owner, landlord, small property, owner, tenant, small business owner, or retailer for the property they own or lease. It is crucial that the lease is comprehensive, accurate, and thorough in order to prevent a future dispute. A real estate lawyer can help you to prepare, draft, negotiate, and assess your lease and help you foresee any potential problems.
Real Estate Transactions/Financing: Real estate transactions involve large sums of money, so you need an experienced New York real estate lawyer to ensure you are being treated fairly in the process and get what you paid for. Your lawyer can prepare and review contracts, coordinate financing with the bank, review titles, ensure that you get a proper inspection of the property, and even attend the closing.
Bankruptcy and Creditors’ Rights: If you are filing bankruptcy, it’s important to understand not only your rights, but also the rights of the landlords and lenders you are involved with. These creditors are going to be looking to get what is entitled to them, and you need a good New York real estate lawyer to work towards protecting what you can, helping you to liquidate and reorganize your debts. If you are a creditor, you need someone to help you develop a strategy to get as much of the debt back as possible, which can include negotiation, dispute resolution, and even litigation. You can try to lift-stay motions, obtain post-petition use and occupancy, and file proofs of claims.
Additional issues you may face include:
Get the Help of a Qualified Real Estate Lawyer in New York
No matter what type of real estate legal issue you are facing, it is in your best interest to get legal advice from an experienced New York real estate attorney who will take the time to fully understand the intricacies of your situation and help to protect your interests. You want someone who has knowledge in the type of real estate – residential, investment, or commercial property – and understands your ultimate goal with the property. He or she can help to ensure you get a fair deal when you make the initial purchase, help you deal with any disputes that arise after the deal is made, and assist with leasing, renting, or selling the property in the future. New York real estate law can be complicated, so don’t go through it alone.
By Eric Sachs