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Eviction And Property Purchase
Summary
In New York, eviction requires a court order, with notice periods varying based on tenancy length. You can make an offer on a court-ordered sale property. For mold exposure, you may sue for damages if the landlord neglected repairs. To challenge inadmissible evidence, file a motion to suppress. For appeals in landlord-tenant cases, file a Notice of Appeal within 30 days, serve it, prepare the record, submit briefs, and attend hearings. Consult your attorney for personalized advice.Full Conversation
in NYS if being evicted on a property that is court ordered to sell, can I make a offer to purchase the property from owner
Yes, you can make an offer to purchase the property from the owner even if there is a court-ordered sale. The current owner still has the right to sell the property until the sale is finalized.
Are you currently in contact with the property's owner or their representative?
Are you currently in contact with the property's owner or their representative?
our attorney is
It sounds like you're dealing with a complex eviction and property sale situation. Here’s some general information that might help:
- Eviction Process: In New York, an eviction typically requires a court order, and tenants have the right to contest it in court.
- Making an Offer: You can definitely make an offer to purchase the property if it's up for a court-ordered sale.
- Legal Representation: Since you already have an attorney, it would be best to consult them for personalized legal advice.
Do you need any more specific information about the eviction process or property purchase in New York?
- Eviction Process: In New York, an eviction typically requires a court order, and tenants have the right to contest it in court.
- Making an Offer: You can definitely make an offer to purchase the property if it's up for a court-ordered sale.
- Legal Representation: Since you already have an attorney, it would be best to consult them for personalized legal advice.
Do you need any more specific information about the eviction process or property purchase in New York?
can I sue the landlord for black mold exposure, failing to repay maintenances fees, repairs jobs and remodeling on the property
Yes, you can potentially sue your landlord for black mold exposure and other issues related to maintenance and repairs. Here are some key points:
- Habitability: Landlords must maintain habitable conditions, including mold-free environments.
- Negligence: If the landlord knew about the mold and didn’t act, they could be liable.
- Repayment: You may claim reimbursement for unpaid maintenance fees and repair costs.
Have you documented the mold and attempted to communicate these issues with your landlord?
- Habitability: Landlords must maintain habitable conditions, including mold-free environments.
- Negligence: If the landlord knew about the mold and didn’t act, they could be liable.
- Repayment: You may claim reimbursement for unpaid maintenance fees and repair costs.
Have you documented the mold and attempted to communicate these issues with your landlord?
yes she refused to help. what is a step by step process to sue landlord
Here's a step-by-step process to sue your landlord in New York:
*. Document Everything:
- Gather evidence of the mold, repairs, and any communications with the landlord.
*. Send a Formal Notice:
- Notify your landlord in writing of your intention to sue and give them a final opportunity to address the issues.
*. File a Complaint:
- Go to your local Small Claims Court or Housing Court to file a complaint. You'll need to fill out forms detailing your case.
*. Serve the Landlord:
- Legally serve the landlord with the complaint and court summons. This can be done through the sheriff's office or a process server.
*. Prepare for Court:
- Organize your evidence and possibly get witnesses. Consult your attorney for advice on presenting your case.
*. Attend the Hearing:
- Present your case to the judge, including all evidence and witness testimonies.
*. Follow Up:
- If you win, ensure the court's judgment is enforced. This may involve additional legal steps to collect damages.
Would you like more detailed information on any of these steps?
*. Document Everything:
- Gather evidence of the mold, repairs, and any communications with the landlord.
*. Send a Formal Notice:
- Notify your landlord in writing of your intention to sue and give them a final opportunity to address the issues.
*. File a Complaint:
- Go to your local Small Claims Court or Housing Court to file a complaint. You'll need to fill out forms detailing your case.
*. Serve the Landlord:
- Legally serve the landlord with the complaint and court summons. This can be done through the sheriff's office or a process server.
*. Prepare for Court:
- Organize your evidence and possibly get witnesses. Consult your attorney for advice on presenting your case.
*. Attend the Hearing:
- Present your case to the judge, including all evidence and witness testimonies.
*. Follow Up:
- If you win, ensure the court's judgment is enforced. This may involve additional legal steps to collect damages.
Would you like more detailed information on any of these steps?
how much money can we use for black mold exposure
In New York, damages for black mold exposure can vary based on health impact, property damage, and costs incurred. Typically, you can seek compensation for:
- Medical expenses
- Property damage
- Relocation costs
- Pain and suffering
Consult your attorney for a specific estimate based on your situation. Would you need more details on any of these compensation types?
- Medical expenses
- Property damage
- Relocation costs
- Pain and suffering
Consult your attorney for a specific estimate based on your situation. Would you need more details on any of these compensation types?
can a lawyer use inadmissable transcripts from a case that was dismissed due to due process violation in a new case against us in ny
Generally, if transcripts were deemed inadmissible in one case due to due process violations, they would likely be inadmissible in a new case as well. However, this can depend on the specifics of the situation and the judge's discretion.
Would you like information on how to challenge the use of such evidence?
Would you like information on how to challenge the use of such evidence?
yes
Challenging Inadmissible Evidence:
*. File a Motion to Suppress:
- Your attorney can file a motion to suppress the inadmissible transcripts before the trial begins.
*. Argue Relevance and Prejudice:
- Highlight how the previous due process violation makes the transcripts unreliable and prejudicial.
*. Request a Hearing:
- A hearing can be requested to argue the inadmissibility of the transcripts.
*. Prepare for Objections:
- Be ready to object during the trial if the transcripts are introduced.
Would you like more detailed steps on any of these actions?
*. File a Motion to Suppress:
- Your attorney can file a motion to suppress the inadmissible transcripts before the trial begins.
*. Argue Relevance and Prejudice:
- Highlight how the previous due process violation makes the transcripts unreliable and prejudicial.
*. Request a Hearing:
- A hearing can be requested to argue the inadmissibility of the transcripts.
*. Prepare for Objections:
- Be ready to object during the trial if the transcripts are introduced.
Would you like more detailed steps on any of these actions?
how to file a motion to suppress
To file a motion to suppress in New York:
*. Draft the Motion: Write the motion, including the case caption, the evidence you want to suppress, and the legal grounds for suppression.
*. File the Motion: Submit the motion to the court where your case is being heard.
*. Serve the Opposing Party: Provide a copy of the motion to the opposing party.
*. Attend the Hearing: Be prepared to argue your motion in court.
Would you like more details on drafting the motion?
*. Draft the Motion: Write the motion, including the case caption, the evidence you want to suppress, and the legal grounds for suppression.
*. File the Motion: Submit the motion to the court where your case is being heard.
*. Serve the Opposing Party: Provide a copy of the motion to the opposing party.
*. Attend the Hearing: Be prepared to argue your motion in court.
Would you like more details on drafting the motion?
show a picture example
Unfortunately, I can't provide a picture, but here's a textual example of what a motion to suppress might look like:
---
STATE OF NEW YORK
[COURT NAME]
[Your Name], Plaintiff
v.
[Opposing Party's Name], Defendant
Case No: [Your Case Number]
MOTION TO SUPPRESS EVIDENCE
Plaintiff [Your Name] hereby moves this Court to suppress the following evidence:
*. Description of Evidence: [Describe the transcripts or evidence you want to suppress]
*. Legal Grounds for Suppression: [Explain why the evidence should be suppressed, citing due process violations or other relevant legal grounds]
FACTUAL BACKGROUND
[Provide a brief background of the case and the evidence in question]
LEGAL ARGUMENT
[Present the legal arguments supporting your motion, including any relevant case law]
CONCLUSION
For the reasons stated above, Plaintiff respectfully requests that this Court grant this motion to suppress the aforementioned evidence.
Respectfully submitted,
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Your Phone Number]
[Your Email Address]
[Date]
---
Would you like more details on drafting specific sections of the motion?
---
STATE OF NEW YORK
[COURT NAME]
[Your Name], Plaintiff
v.
[Opposing Party's Name], Defendant
Case No: [Your Case Number]
MOTION TO SUPPRESS EVIDENCE
Plaintiff [Your Name] hereby moves this Court to suppress the following evidence:
*. Description of Evidence: [Describe the transcripts or evidence you want to suppress]
*. Legal Grounds for Suppression: [Explain why the evidence should be suppressed, citing due process violations or other relevant legal grounds]
FACTUAL BACKGROUND
[Provide a brief background of the case and the evidence in question]
LEGAL ARGUMENT
[Present the legal arguments supporting your motion, including any relevant case law]
CONCLUSION
For the reasons stated above, Plaintiff respectfully requests that this Court grant this motion to suppress the aforementioned evidence.
Respectfully submitted,
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Your Phone Number]
[Your Email Address]
[Date]
---
Would you like more details on drafting specific sections of the motion?
how to file for an appeal in landlord and tenent town court ny
To file an appeal in Landlord and Tenant Court in New York:
*. Notice of Appeal: File a Notice of Appeal with the court that issued the original decision within 30 days.
*. Serve the Notice: Serve the Notice of Appeal to the landlord or their attorney.
*. Prepare Record: Obtain and prepare the trial record and transcript.
*. Briefs: Submit appellate briefs outlining your arguments.
*. Attend Hearing: Attend the appellate hearing if required.
Would you like more detailed steps on any of these actions?
*. Notice of Appeal: File a Notice of Appeal with the court that issued the original decision within 30 days.
*. Serve the Notice: Serve the Notice of Appeal to the landlord or their attorney.
*. Prepare Record: Obtain and prepare the trial record and transcript.
*. Briefs: Submit appellate briefs outlining your arguments.
*. Attend Hearing: Attend the appellate hearing if required.
Would you like more detailed steps on any of these actions?
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