Requirements for Lease Termination with Cause in New York

 

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Law Offices of Barbara Katsos
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As owner of the Law Offices of Barbara Katsos in New York, NY, Barbara Katsos handles a variety of real estate matters. Ms. Katsos draws on an in-depth understanding of tenant law, including eviction requirements, and has represented both tenants and landlords.

In the State of New York, a landlord may not legally evict a tenant without cause. However, if the tenant has neglected to pay rent or has violated another term of the lease, the landlord may start eviction proceedings.

If the cause is non-payment of rent, the landlord must first present the tenant with a three-day notice to pay or vacate the premises. If the tenant does not pay the amount due in full within three days, the landlord may file a Petition and Notice of Petition. This specifies the reason for eviction and the date of the court hearing.

If the lease violation is of another nature, the landlord must first issue a Notice to Cure. This tells the tenant that he or she has 10 days to resolve the violation.

If the tenant fails to fix the issue named in the Notice to Cure, the landlord may issue a Notice of Termination. This gives the tenant 30 days to vacate the unit. If the tenant remains after 30 days, the landlord has the legal right to file the Petition and Notice of Petition.

Like petitions issued for nonpayment of rent, a petition for lease violation leads to a court hearing, where the landlord must present proof of the violation. If the judge finds on the landlord’s behalf, the judge may specify a period of time within which the tenant must rectify the issue. This is typically five days in the case of rent nonpayment, though other violations may call for different terms.

Should the tenant fail to resolve the issue within the specified time, the landlord may secure a Warrant of Eviction. This allows the city marshal to serve a 72-hour notice on the tenant. If the tenant does not vacate the premises within this time, the marshal may forcibly remove him or her.

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Choosing a Guardian for Your Children

 

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Choosing a Guardian
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For more than two decades, Barbara Katsos has led the Law Offices of Barbara H. Katsos, PC, in New York, NY, as owner. In this capacity, she oversees all daily operations of the firm and works directly with clients dealing with real estate matters as well as estate planning needs such as guardianship.

Many parents struggle with choosing a guardian for their children. Unfortunately, if you do not nominate a guardian, the responsibility of deciding falls to the courts. Below are a few things to consider to help you choose the right guardian for your child or children:

Define your perfect parent. Try forgetting about specific people and focus on creating your idea of a perfect parent. Define the moral values, characteristics, and spirituality of your ideal parent, and lay out the practical skills they should possess. After you’ve defined your perfect parent, compare your options to this ideal to eliminate candidates who do not meet your desired qualities.

Think outside of family. It’s normal to think about having a sibling or parent become the guardian of your child, but immediate family is not the only option available. You can also consider your close friends. Your friends may share more similarities with you than your family does and, thus, be a more ideal choice.

Focus on love. Regardless of whether you choose a family member or friend, you want to make sure your child will be well-loved. Make sure your child will not be second place if your chosen guardian has children of their own and ensure your desired guardian has enough time to devote to raising a child. Further, if your son or daughter is already comfortable with someone, it may be easier for them to feel loved by a guardian.

How Living Trusts Differ From a Will

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Wills
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At the Law Offices of Barbara H. Katsos, PC, in New York, NY, Barbara Katsos provides estate planning services including estate administration, probate proceedings, and estate taxes. She also creates wills and living trusts for her clients.

A living trust allows the grantor to state his or her wishes as to who will receive his or her assets in the event of death or incapacitation. Whereas a will is only effective after a person passes away and can only be enforced after going through probate, a living trust bypasses probate and allows the designated successor trustee to carry out the directions of the trust immediately in the event the grantor dies or becomes incapacitated.

Living trusts are set up as either a revocable or irrevocable trust. A revocable living trust allows the grantor to change the trust whenever he or she wants, while an irrevocable trust, once created, cannot be changed.

Rosenzweig v. Givens – Fraudulent Inducement Case Law

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Law Offices of Barbara Katsos
Image: katsosnylaw.com

At the Law Offices of Barbara Katsos, attorney Barbara Katsos and her associates focus on wills, estate planning, and real estate law. The firm also provides prenuptial agreements, separation agreements, and other contracts related to matrimonial proceedings. Dr. Katsos earned a particularly notable victory in this field in 2009 while representing the defendant in Rosenzweig v. Givens.

The plaintiff Joseph Rosenzweig took legal action against defendant Radiah Givens to foreclose on two mortgages he had issued to her previously. The defendant entered a counterclaim of fraudulent inducement, maintaining that the plaintiff had tricked her into signing these documents.

When the plaintiff issued those mortgages in 2002, he was in a romantic relationship with the defendant. She was a student at the time, and 19 years younger than the plaintiff. She maintains that she did not understand that the documents he gave her were for a mortgage and that she would not have signed them if she had known.

Though he led his paramour to believe he was a bachelor, he was actually married with children at the time. In 2004, the pair got married in Jamaica. Mr. Rosenzweig was still married to his first wife. He forged the defendant’s signature on a loan application the next year. The marriage was annulled later after its bigamous nature was uncovered.

This case has been included in business ethics textbooks due to its significance. It has been held up as an example of fraudulent inducement, a type of contract fraud that involves intentional deceit.

Creating a Will in New York

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Wills
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Attorney Barbara Katsos practices with The Law Offices of Barbara Katsos in New York, NY. In her work there, Dr. Katsos focuses on estate planning, wills, and real estate law.

When a person passes away without a will in New York, his or her estate is distributed based on intestacy laws. This means that the closest relatives, such as a spouse or children, will receive property first. If the deceased had neither, his or her property will go to the next most closely related relative available. If the court cannot find a living relative, the state receives the estate.

Many people prefer to create wills so they can control where their property goes. New York law allows residents to make their own will without the aid of a lawyer, but it is advisable to seek legal assistance, especially if the situation is complicated or if the will is likely to be contested.

To make a valid will in New York, the document must be signed in front of two witnesses. These witnesses must also sign the will. Getting this document notarized is not required, but it can greatly speed up the probate process if the will’s owner and witnesses sign an affidavit with a notary.

Types of Partnerships

 

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Law Offices of Barbara Katsos
Image: katsosnylaw.com

Barbara Katsos is an accomplished attorney with decades of combined experience in law and school administration. Currently, Ms. Katsos serves as the owner of The Law Offices of Barbara Katsos in New York, NY, where she provides expertise in areas such as corporate law and partnership formation.

A partnership is a business structure in which two or more individuals collaborate and share ownership of a for profit venture. Partners, who share in the profits and losses of the business, have several types of business structures to choose from when establishing the legal entity.

1. Joint venture – this type of partnership is only established for a limited time period, unless extended by the involved parties.

2. General partnership – a partnership form in which all partners have an equal stake in the legal liability and financial success of the business.

3. Limited partnership – a more complex type of partnership that allows specific partners to have a lesser or greater stake in the finances, decision making, or liability of the business. This form typically includes at least one general partner and another partner, known as a silent partner, who has less operational control of the business.

The Forms of Guardianship

 

Law Offices of Barbara Katsos pic

Law Offices of Barbara Katsos
Image: katsosnylaw.com

A former education administrator, Barbara Katsos is currently a resident of New York and a practicing lawyer. As the owner of the Law Offices of Barbara Katsos in New York, NY, Ms. Katsos specializes in real estate and estate planning legal services, such as guardianship.

Guardianship refers to a legally defined relationship between one individual, known as a guardian, and another, known as a ward. Guardians are authorized to make decisions for the ward, who can be a minor or an adult.

The guardianship process is used when an individual is unable to make sound decisions for himself. This can be due to age-related conditions, drug or alcohol abuse, mental impairments, and physical disabilities, among others. Common forms of guardianship include:

Full guardianship: the guardian is authorized to make all decisions for the ward. Any individual eighteen years of age or older can serve as a guardian.

Limited guardianship: the ward retains a limited amount of control in decision-making. This form is often used when a ward struggles to make decisions in certain areas of life, but does well in other areas.

Conservatorship: a form of guardianship that requires greater reporting to the court. Conservatorship is often used to manage the estate of a ward, and can be used in conjunction with a guardian.