HoganWillig

We Practice Law for Your Peace of Mind

Practical Advice for Landlord/Tenant Issues – Part 3

Author: Diane Tiveron


August 2nd, 2012

Reclaiming Leased Property—The Eviction Process

Before a landlord can reclaim possession of leased property, he or she must terminate the tenancy. First, there must be a notice of default given, depending on the nature of the default. For example, the law requires three days notice for unpaid rent or 30 days notice to terminate a tenancy in the event of a month-to-month tenancy. In no event should a lease contain time frames greater than those that are required by the law.

Typically notice of default must be provided in writing and in accordance with the terms of the lease or if there is no lease, in accordance with the Real Property Actions and Proceedings law.

Every landlord is cautioned against forced entry or entry without a judgment of possession from a court. Forced entry is never advisable regardless of the grounds of termination and is considered a trespass and breach of quiet enjoyment. If a tenant is ejected by forceful or unlawful means a landlord can subject him or herself to damages under the Real Property Actions and Proceedings Law.

Helpful Tip If You’re Facing Foreclosure

Author: Bruce Ikefugi


November 18th, 2011

Our real estate department handles all types of real estate related matters, including foreclosures.  This might be an unpleasant task, however the local lenders we represent are very understanding and sympathetic to their borrowers’ plights.  I have had our banks agree to postpone actions and sales, and to work out payment plans, or allow a home to be sold for less than the loan amount very often.

Income Tax Relief for Property Owners facing Foreclosure

Author: Carly Speyer


November 10th, 2008

Though the Buffalo area has not been hit as hard by the mortgage crisis as other parts of the country, there are still many local people who are affected. Whether in a foreclosure situation or in negotiating with a lender to accept something less than the full mortgage debt that is owed (a “short sale”), a homeowner may end up having a portion of his or her mortgage debt forgiven by his or her lender. In the past,

HoganWillig

We Practice Law for Your Peace of Mind