Nadel & Ciarlo, P.C.

New York City Real Estate Law Blog

How can you transfer real estate to a beneficiary?

There are a few different kinds of property ownership that you might be considering if you own real estate. These transactions aren't only for buying or selling a property; they can help you protect your real estate if you are getting older and want to provide it to beneficiaries later.

Individual ownership is when you put a property into your name and have no others on the deed or title. This also means that you have no designated beneficiary for the property, which is something to consider. Without naming a beneficiary, the property will have to go through probate court after your death in most cases.

Woman fights New York City Housing Authority over right to home

When a real estate dispute erupts between a housing authority and a tenant, the results may not be in favor of allowing a tenant to stay. In some cases, this might violate a tenant's rights, in which case a tenant might want to appeal. That's what's happening in this case, which has caught the media's attention.

A lifelong resident in Brooklyn's Pink Houses may be forced to leave her home, because the New York City Housing Authority claims that she has never been a tenant. This is an odd accusation, since this woman grew up in the home. Today, she's 20 years old and facing eviction all because her mother never listed her on the apartment's family composition records.

How can arbitration or mediation help my real estate dispute?

If you're dealing with a real estate dispute, there are a couple of alternatives to going to court. You can go to mediation or arbitration, both of which help you resolve disputes more quickly and at a lower cost than heading to court. Alternative dispute resolution methods are good for situations where you're arguing over the cost of repairs, money disputes, inspection issues and your claims of misrepresentation, among a number of other claims.

It's not good to go through this kind of resolution if you are alleging some kind of criminal conduct on the part of a tenant or on the part of the landlord. Ethical complaints against realtors or disputes with the realtors who sold or are selling you a property are also performed through special channels.

Questions people often ask before selling a house

If you think that buying a house can be daunting, try selling one. You may have a lot of questions about the process, and it's good to get your answers before you begin. Below are some answers to the most common questions that sellers have.

1. Do you have to do a lot to your house to prepare?

Is it rent control or rent stabilization?

Many New Yorkers are housed in units that are either rent-controlled or rent-stabilized, and while the two terms are similar forms of rent regulation, they are not synonymous.

The New York City Housing and Vacancy Survey estimates that in 2014, 1,030,000 apartments were rent stabilized, compared to only 27,000 units that were rent controlled.

Common contingency clauses when buying and selling homes

Whether you're buying or selling a house, it's crucial to know what types of contingency clauses can be used and how they impact the sale. Generally speaking, the end goal is always the same: The deal can be called off if the contingency is not met. Below are a few examples.

Getting a Loan

Man claims lifetime lease on third floor of New York building

Property in New York can be hard to come by, and one man says he tried to lock his interest down in a mixed-use building by signing a lifetime lease. He claims he is entitled to the third floor of the building. However, he says that the landlord is attempting to ignore the contract and cheat him out of the lease.

Documents regarding the case recently made their way to the New York State Supreme Court.

Legal reasons landlords can kick out their tenants

When a tenant signs a lease, the landlord then has a contractual obligation to allow the person to live in the property. Even though the landlord owns the property, the tenant cannot simply be thrown out without cause. However, there are legal reasons that tenants can be evicted.

First and foremost, if the tenant clearly violates the lease in some way, he or she could be evicted. For instance, if the lease says that the tenant can't have a pet and the tenant then brings a pet into the building or apartment, the landlord may have grounds for eviction if the tenant will not get rid of the pet.

Dedicated advocacy in commercial landlord-tenant matters

Once the terms of a commercial lease have been finalized after hours of careful negotiation and the necessary signatures are appended to the document, both property owners and tenants often breathe a sigh of relief, confident that the matter is effectively resolved and eager to turn their attention to other pressing matters.   

While this feeling of confidence on the part of commercial landlords and tenants that the terms of the lease will be honored and no issues will develop in the foreseeable future is admirable, the reality is that legal disputes arise with far more frequency than either side might imagine -- especially in a competitive market like New York City.

Can a real estate agent be held accountable for being unethical?

Those who have recently undergone the process of finding residential real estate to either rent or purchase likely found it to be an emotionally turbulent experience. Indeed, there was likely anxiety about money and frustration with the waiting game, but also great joy when the offer was accepted and satisfaction when the keys were finally handed over.

Unfortunately, some prospective renters or buyers never get past this initial anxiety or frustration, seeing their attempts to find a new dwelling thwarted by the seemingly unethical practices of a real estate agent.

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