A home is the biggest investment most people ever make. There are many costs associated with buying a house besides the purchase price, which means you are probably trying to watch your budget very carefully. A real estate inspection is not required but highly recommended. The American Society of Home Inspectors offers a Standards of Practice which outlines what you should expect when getting a home inspection. This informative document tells you what a home inspector should do and what an inspector is not required to do.

Essentially, a home inspection includes a report about the heating and central air conditioning system, the interior plumbing, the electrical system, the roof, attic, ceilings, floors, doors, windows, the foundation, the basement and structural components. During a home inspection, you will learn a lot about maintenance of your new home. The inspection identifies oversights of the builder or major repairs that are needed to make it more comfortable. You receive more information about the home, which gives you confidence to make good decisions about your purchase.

Avoid making these mistakes when hiring a home inspector

Before hiring a home inspector, check out his or her credentials. Make every attempt to be present at the home inspection. You should plan to set aside a couple of hours to follow the inspector around. Your home inspector is not allowed to give advice about whether the home is a good buy, but can provide information about what kind of repairs are needed to upgrade the home. You should also carefully read the written report you receive from your inspector. Finally, find and schedule a reliable professional before you are ready to make an offer on the home. If you wait too long, your chosen inspector might be booked and unable to get to your inspection in a timely fashion.

Home sellers should consider an inspection, too

A home inspection can seem invasive, but it is a good time to find out what is wrong with the property. This offers an edge in a competitive market. The knowledge gained in the inspection is worth the expense. If you make repairs before your house goes on the market, you could sell your house quicker.

Always get legal counsel to help you understand your rights and responsibilities when buying real estate. An experienced attorney can assist you in reviewing the contracts and protect your interests through closing. Do not try to save on the closing costs of this investment. Get your legal questions answered by talking to a legal advocate.

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New York is a city that is dominated by renters. With a rental agreement, there are certain responsibilities on both sides based on landlord/tenant law. There are landlord obligations and tenant obligations that must be adhered to. With that in mind, any violation from either party might make it necessary to have legal assistance to settle it. In some instances, these can be negotiated amicably. In others, it might have gone too far and there is the possibility that a legal filing will be necessary. It is wise to have an understanding of what constitutes a breach of lease and when to move forward with the litigation process.

Whether the lease is residential or commercial, the tenant must make all the rent payments. The tenant is also required to adhere to the rules that the landlord has set. If these are broken, this can constitute a breach. There are many different ways in which a tenant can breach a lease contract. For example, if the landlord does not want any construction done to the property without permission, the tenant doing so can violate the agreement. It can also be something as seemingly innocuous as playing music too loud.

Landlords are also beholden to the lease. For example, the property has to be safe and habitable. There must be adequate heat. If utilities are part of the rent, these must be maintained along with the other aspects of the agreement. A violation can occur with the renter not realizing that they have legal rights to protest based on the rental contract. With a commercial property, the landlord must make certain that the property is up to code and all the legal requirements are followed.

Both the landlord and the renter have to be fully cognizant of all the requirements they have for a rental property. If there is a failure on the part of either side to adhere to the law, it might be necessary to have legal help. An attorney who is fully experienced in landlord-tenant disputes can be helpful in these matters. Both the landlord and the tenant should make certain that they understand their rights and obligations and act accordingly with legal assistance.

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With the cold weather bearing down on New York City, it is an unfortunate reality that there will be landlords who will deprive residents of required amenities such as heat. There are certain landlord obligations that must be adhered to, including providing heat to tenants. If there is a failure to do so, it could be the basis for a lawsuit to settle the situation. This and many other issues can come up, making it necessary to have legal advice to deal with landlord-tenant disputes. This was recently seen in one situation in New York.

Tenants in an apartment building have filed a lawsuit against the company that controls their property, alleging that there is insufficient heat. The residents have evidence in the form of a heat sensor. This transmits the temperature to an app on the web and also retains a record of violations. A non-profit runs the program that oversees the app. The residents staged a protest with help from the Brooklyn borough president to bring attention to their problem.

According to the law, landlords must provide heat to residents between October 1 and May 31 on an annual basis. For the hours between 6 a.m. and 10 p.m., the internal temperature must be a minimum of 68 degrees if the outside temperature falls below 55 degrees. From 10 p.m. to 6 a.m., the temperature must be 55 degrees inside if it falls below 40 degrees outside. If these temperatures are not adhered to, then it is considered a violation.

While heat-related issues will come to the forefront during the winter, there are a multitude of problems that tenants can be confronted with. These matters can be due to a failure of landlord obligations, issues with habitability, and other problems with a rental property and landlord/tenant law. Those who are dealing with an issue with their rental property need to protect themselves, which could require the help of an experienced and qualified attorney.

Source: PIX 11, “Brownsville tenants file lawsuit against landlord over lack of heat,” Shirley Chan, Dec. 1, 2016

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Renters and landlords in New York should have an idea about the various laws that are in place, both at the state and federal level, to protect them. One such law has to do with the Section 8 housing program that provides subsidies to tenants. A recent series of events placed landlords and tenants on the same side as New York received an exemption from federal regulations that might have negatively affected more than 55,000 people with low incomes and forced them to either pay more in rent or move to apartments that were not as costly.

Changes by the U.S. Department of Housing and Urban Development altered its voucher program under Section 8 so tenants who went to more expensive neighborhoods would receive higher subsidies while those who were in cheaper neighborhoods would receive less. New York was exempted because it falls into the category of being a metropolitan area with a vacancy rate of 4 percent or less. In New York, the exemption affects the largest number percentage of voucher recipients when compared to other cities.

With Section 8, the vouchers will pay the difference between what the tenants are able to afford and what the rent costs. It is based on 30 percent of the renter’s income and what HUD deems to be the market value of rental property in the particular area. Advocates for tenants were against the changes because of the reduction of subsidies that were set to harm a large number of people. Without vacancies, those who were forced to move because of financial concerns caused by lower subsidies were liable to be faced with a conundrum on what to do next. The goal is for families with less means to have the opportunity to live in a better neighborhood with nicer amenities, safer surroundings, better paying employment, and improved schools.

Section 8 often results in issues for both landlords and tenants because it has to do with city and governmental entities and the rules and mandates that go along with that. In some instances, landlord/tenant law is violated by one or the other. In others, the rental property needs repairs that are not made as they should be. Or, as in this case, there are troublesome requirements for landlords and tenants. Whether there are landlord-tenant disputes or some other problem, having experienced legal advice is paramount and the first call that a landlord or tenant should make when facing a legal issue.

Source: Wall Street Journal, “New York City Exempted From Changes to Section 8 Housing,” Larry Kusisto, Nov. 16, 2016

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First-time homeowners expect to put down a hefty sum as their down payment. However, many people about to purchase their first home are often unaware of other costs that may not be so obvious. Knowing what you can expect to spend on a closing in New York can help you prepare emotionally and financially so that everything goes smoothly when you need it to.

Taxes

As a buyer, you may need to pre-pay some of your home ownership costs at closing. You probably realize that you will have to pay property taxes every year. If you are putting down less than 20 percent of the purchase price for your down payment, you must put funds into an escrow account, which your lender will then use to pay expenses such as homeowner’s insurance premiums and property taxes for the first few months. Homeowner’s association fees may also need to be put in the escrow account.

Assorted fees

Miscellaneous fees due at closing can also add up. These include the appraisal fee and the credit report fee, which were initially paid by your lender. There will also be some fees related to your title insurance. Your purchase and lending documents also must be recorded with local and/or state government entities, which also charge fees for the recording. In addition, your lender will also charge you a fee for processing your loan. Expect to pay several minor fees such as the tax service fee.

Inspection

In some cases, your mortgage insurance provider may demand a home inspection. However, even if no one is making you schedule a home inspection, it is generally a good idea to have one. Inspections can uncover hidden problems and potential money sinks before you close so that you can make a fully informed decision as to your purchase. Plan to spend a few hundred dollars on a comprehensive inspection.

Survey

Your lender can require you to have a survey done to conclusively establish the boundaries of the land. In most cases, this happens if previous documentation is unclear or there have been previous disputes regarding boundaries that were not conclusively settled. In other cases, this may simply be a lender’s policy.

When planning out your purchase costs, make sure you plan for typical closing costs. In addition, it is always a good idea to have a cushion of a few thousand dollars in the event that the seller, lender or insurance provider set forth additional requirements. To find out more about handling your home purchase correctly, consult an experienced real estate attorney.

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When the term “lawsuit” is mentioned in terms of a landlord/tenant dispute in New York, it is automatically assumed that the property owner is guilty of some sort of error, lack of oversight, failure to adhere to the law, absence of necessary repairs, or due to some other issue that left the renter in dire straits and with nowhere to turn. It is often forgotten that the landlord could be victimized just as easily as the tenant. With some landlord-tenant disputes, the cases might not be warranted or the landlord could be on the side of right. Therefore, both sides need legal assistance when there are allegations of wrongdoing, as evidenced in one recent incident.

There, a man who has lived in single room occupancy (SRO) apartments and has a history of filing lawsuits against landlords has been barred from doing so by a New York judge. The man was informed that without legal counsel he cannot continue to file his cases against the owners of the residence, located on Bowery on the Lower East Side of Manhattan. The man has filed almost two dozen lawsuits that were deemed frivolous. According to the judge, the man was using his ability to sue to harass the landlords.

The man had paid $8.32 each night for the room without a window and, over the course of seven years, filed 23 different lawsuits. He wanted repairs made to the room but did not allow workers to come in. One former owner who had been sued expressed his happiness that the man would no longer be allowed to continue filing his lawsuits without reason. The new owner spent more than $200,000 defending the cases and had to appear in court more than 100 times. The tenant will be allowed to file his cases again if he receives permission from a chief judge or hires an attorney.

This case indicates how important it is for both sides in a landlord-tenant dispute to have legal help. Landlord obligations on a rental property are real, but that does not mean that a tenant can simply file cases for specious reasons. Landlords and tenants need to make certain they are aware of the law and how to file a legitimate claim if it is necessary to do so. A lawyer who is experienced in New York real estate law can be of paramount importance toward this end.

Source: The Real Deal, “Flophouse tenant barred from suing Bowery SRO owners,” Nov. 14, 2016

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A common issue that might be confusing to New Yorkers who are seeking to find a rental property is how the security deposit falls into landlord/tenant law. As part of a rental agreement, it is just automatically accepted that there must be a deposit placed on the property. However, a number of people are blissfully unaware of what it actually does for them and how it can be abused by a property owner. When there is a disagreement or confusion about the deposit, knowing various facts can help a renter.

In New York, there is no limit to what the security deposit can be. For rent stabilized apartments, the law is different. The maximum that a landlord can charge in that situation is one month’s rent. An exception is if the landlord collected up to two months’ rent prior to the rent being stabilized. The landlord is not allowed to charge a nonrefundable deposit. The deposit is the property of the tenant and will remain so in New York. It must be placed in a trust that will last for the duration of the lease or agreement.

With a deposit, it must be kept in a bank within New York. It cannot be mixed with other moneys, such as personal assets of the landlord, and the landlord is not allowed to use it for their own desires or purposes. The landlord is required to provide written notice after the security deposit has been received. The notice must include the bank in which the deposit is kept, the address of the bank, and the amount that was deposited. Landlords are allowed to keep the deposit for damages that go beyond normal wear and tear or to pay for rent that was not paid. It is possible for the landlord to withhold the deposit for other issues that breached the lease agreement.

Landlords are not required to have a walk-through before the tenant leaves the property. The landlord must return the security deposit when the rental agreement ends and the tenant leaves or within a reasonable time after that. If the property is sold, the landlord must transfer the security deposits to the new owner and inform the tenants of the ownership change. With a rental agreement and a security deposit, there is always a chance for landlord-tenant disputes to arise. If this is the case or if any legal help is needed, it is wise to call an experienced lawyer to get advice.

Source: The Balance, “8 Basics of New York’s Security Deposit Law,” Erin Eberlin, Oct. 16, 2016

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Part of renting or owning a rental property in New York is having to deal with the various legal issues that will inevitably arise. In some instances, either the owner or the renter will have to face an eviction notice. This is a difficult circumstance that will require legal advice regardless of the position the individual is in. There are various aspects of landlord/tenant law that provide protections and rights to both sides. Understanding that is key when there is an eviction attempted by an owner or defended against by the renter.

When evicting a tenant, it is not a simple matter of providing the notice and then the person will immediately be compelled to leave. There are steps that have to be taken to ensure everyone is treated appropriately. A tenant who has been issued an eviction notice needs to be aware that the landlord cannot do certain things to expedite the departure. For example, the renter cannot be subjected to violent threats or the removal of the person’s possessions from the residence. In addition, the landlord cannot cut off the heat, water or other services that are part of renting a residence. The tenant cannot be locked out of the location without papers being served for it.

Landlords are also protected under the law. If a tenant is committing violations, then the landlord has the right to take steps to get the tenant out of the residence. The failure to pay rent is one example of a violation. A legal professional can help with moving forward with a court proceeding to recover rent that is due or past-due. If tenants are refusing to leave after the lease has expired, proceedings to deal with that can commence. Warrants to evict and judgments of possession can also be obtained.

In short, everyone who is involved in landlord-tenant disputes has rights. In order to protect those rights and make certain the law is adhered to, a lawyer is an imperative. Whether functioning as a tenant or a landlord, a lawyer is a key factor when there is an eviction notice and that is the first call that either side should make to rectify any issue.

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Living in New York City can be a costly proposition whether owning or renting. For many, renting is a wise decision as it accords them flexibility and they don’t have to worry about certain aspects of their living arrangements that can be exceedingly costly if they own the property. However, there are certain problems that can come up in landlord-tenant disputes regarding various issues. One that comes up frequently is the rent. Those who are dealing with problems centered around their rental agreement need to know how a legal case can be beneficial toward settling a dispute.

Present and past tenants of buildings owned by a real estate company have filed a lawsuit alleging that the landlord violated the rent regulation laws in New York. The company has been prominently featured in the city’s assertion that affordable housing is a staple of the current mayoral administration. The lawsuit says that costs of renovating the apartments were misrepresented. This is important because it gave the company the right to increase the rent, take rent-stabilized apartments out of that status, and alter the market rate rents.

One case in particular asserts that a tenant who was in a rent-stabilized apartment had the rent increased by more than double what the prior tenant was paying. For that to have been the case, the improvements would have had to reach $89,000. Another rental unit had its rent raised by 188 percent from what the previous tenant paid. For that, the work would have had to cost $70,000. The work was not even completed. The rent stabilization law would be violated if the allegations are shown to be accurate. The company is denying the claims in the lawsuit.

No matter which side a person is on when it comes to landlord/tenant law, legal assistance is invaluable to protecting one’s own interests. From the perspective of the owner, the rental property is often a source of income. There will be taxes, maintenance costs and other expenses that have to be accounted for. From the perspective of the renter, the safety and efficiency of the property as well as the cost will all come to the forefront. When there is an issue with a rental agreement or accusations of wrongdoing, having legal help is essential. Contacting an attorney experienced in the New York real estate market is key.

Source: The Real Deal, “Tenants sue A&E Real Estate claiming inflated rents,” Chava Gourarie, Oct. 18, 2016

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If you are buying a home, you know that this is a huge investment. As such, you want to make sure that the home is safe to live in, that there are no expensive repairs you will need to make in the near future and that there are no existing problems with the home. To accomplish this, you need to employ the skills of a home inspector.

This professional will come to the house with a general checklist of things to examine, but you can also ask him or her to look for specific issues. Here are some of the things that will be on an inspector’s list.

The wiring

Whether the home is old or new, the inspector will be looking for problems with the wiring. Wiring that has been installed by a nonprofessional, or that has been connected with only electrical tape, can present a fire hazard. To make sure that the wiring is in good condition, the inspector will go over every inch of the home, including the garage, outside structures and attic.

Plumbing leaks

Leaks from home plumbing can manifest in several ways. The inspector may actually find a pipe that water is dripping from or may spot more subtle signs such as:

• Damp spots on a wall
• Stains in a ceiling
• Water around the foundation
• The presence of mold
• Moisture stains on windows

Leaks from pipes can lead to serious damage in a home. Dry rot is caused by leaks and can lead to the need for expensive repairs.

Roof wear and tear

Roofs have different life expectancies depending on their material and type. If the roof is made from material like terra cotta or slate, the inspector will probably examine it for any evidence of previous repairs, loosening or even cracking. These types of roofs can last for more than 100 years or only 20. It all depends on the seasonal weather that the roof is exposed to.

If the roof is made from shakes or wood shingles, the inspector will look for rotting, damage caused by insects, cupping, curling, sections that are missing or pieces that are lifting away from the home’s surface. Asphalt shingles may show granular loss, blister or cup downwards or upwards. Any signs of this kind of wear can indicate the home is at risk for leaks.

If an inspector has found a problem with a home you are hoping to buy, it may be in your best interest to sit down and discuss the issue with an attorney who handles real estate matters. The attorney may be able to help you negotiate with the seller to have repairs done or to lower the asking price to compensate for the cost of fixing the issues yourself.

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