Monday, April 25, 2022

God Gives You the Ability to Obtain Counsel

This may be a criminal case in the video, but I've heard this several times in my civil matters.


https://www.youtube.com/watch?v=2nhvfeTsVy8

During the pretrial mediation, I had an opponent say God was on her side. When the judge asked this tenant did she want an attorney, she made the same assertion.

After the case didn't settle, the pro se tenant attempted to get pictures and other evidence in about her mold and health claims. After my objections, the judge blocked the evidence. My landlord client won the case without putting on much evidence. 

MORAL OF THE STORY

God may be on your side, but in court, you also need a lawyer to pursue your mold case.

MOLD WITH HEALTH ISSUES

These cases are extremely difficult to prove with an attorney. You must (1) identify the mold through a professional mold test; and (2) have a doctor stste through testimony that the identified mold caused or irritated your particular health issue.  

Equally as important, if you want to hold the landlord liable, make sure you understand causation and the rules of evidence. 

Saturday, April 23, 2022

Good Cause Evictions will Create Backlash

Far left NY is contemplating a bill that will prevent landlords from evicting tenants, except for good cause.

https://cbs6albany.com/news/local/landlords-fear-new-yorks-proposed-good-cause-eviction-legislation

This bill is supposed to be pro-tenant. However, if enacted into legislation, you will see more Air B&B places, stricter background checks, higher rents, and lower rental units. 


After all, why take the risk of renting to a borderline tenant while the case goes through the court system?  Instead, raise the rent while the bill is moving its way to the governor's desk and change the background check to ensure you never rent to a "troublemaker". This will disqualify several people who may have paid their rent on time and never caused any real trouble.

There is a way to draft bills that create a positive landlord-tenant relationship for all sides. However, in typical fashion, the NY State legislature has missed the mark again.


Tuesday, April 19, 2022

Brief Explanation of the Judicial System

 This video gives insight on the history of the judicisl system. It's not behind a pay wall now. I learned more about the origins of the system than I learned in law school.

Demystifying the Judicial System | Building on the American Heritage Series https://link.theepochtimes.com/mkt_app/demystifying-the-judicial-system-building-on-the-american-heritage-series_4391605.html?utm_source=andshare


New Price Sheets For May 1, 2022

The Firm is forced to raise its rates as more work is required on what used to be simple cases and as costs continue to skyrocket.

Initial Consultations - $200/hr. (1st one only)

Follow-Up Consultations - $300/hr.

Residential Evictions - Starting at $2,000

Commercial Evictions - Starting at $3,500

Civil Small Claims - Starting at $2,500

State and Superior Court Civil - Starting at $7,500

I know the new fees will prevent many from being able to use my services, but it's unavoidable.


Thursday, April 14, 2022

New Landlords - Beware of Hyperinflation

 

Interesting Take on Why You Should Think Twice Before Starting Renting Out Property:

https://gab.com/NeonRevolt/posts/108126639484828791

This is a valid concern because during 2020 and most of 2021, small landlords were left holding the bag for repairs, loan interest, property taxes, and utilities.