As state and city officials ramp up efforts against unscrupulous landlords, the Real Estate Board of New York is firing back against a bill that seeks to make it easier for tenants to file harassment
claims against their landlords.
She doesn't foresee the proposed bill causing a flood of tenants to file
claims against their landlords.
Among the proposed laws is a bill that would create a «rebuttable presumption,» which would mean a tenant would not have to prove intent in order to bring a harassment
claim against a landlord in court.
Your claims against the landlord: The landlord will not return your deposit.
There have also been several recent cases in California where courts have upheld personal injury
claims against landlords who have allowed a tenant to have a dangerous dog on premises.
This includes
claims against a landlord on behalf of a tenant or against the landowner for injuries suffered by an individual who was lawfully on the property.
Similarly, Mr. O'Brien represented a large corporation in
a claim against a landlord for violations of a commercial lease agreement.
The doctrine of champerty was developed to prohibit tenants from financing
claims against their landlords.
The plaintiff in the case was injured in January 2010 after tripping over a carpet in his apartment, but
a claim against his landlord was not filed in court until December 2011.
Their concept went from a diagnosis of a chest complaint in a doctor's surgery through each stage of a possible
claim against a landlord, using slick «pathfinder» technology and voice interaction with COLIN (the Courts OnLINe help agent).
It is generally permitted to file
a claim against a landlord citing negligence.
[1] Other types of parties who can have a premises liability
claim against a landlord include patrons or invitees of commercial or business establishments (i.e. restaurants, malls, amusement parks, etc...)
A Massachusetts premises liability attorney can file
a claim against a landlord or school that exposes children to lead in buildings.
The landlord's insurance policy also comes into play if a tenant is the victim of a crime or a disaster and makes
a claim against the landlord for damages.
These obligations hold the tenant responsible for a variety of
claims against the landlord.
If the landlord does remove the tenant's property without a court order, it is a good idea for the landlord to take pictures of the property disposed of in case the tenant raises
a claim against the landlord.
Tenants waive
all claims against Landlord for pet violations.
After the tenants found other housing, they brought
claims against the landlords for their emotional distress at being denied the rental they wanted, and proceeded through the EEOC and one in Federal Court.
Not exact matches
BY COLIN MIXSON New York's highest court will finally provide clarity on a contentious legal debate that's pitted Downtown renters
against their
landlords, who for decades have reaped millions in tax breaks while refusing to provide the regulated rents the program was meant to foster, tenants
claim.
Two separate legal challenges have been launched
against the government's «right to rent» policy, which critics
claim forces
landlords to act as border guards.
A New York City Housing Court judge dismissed a lawsuit
against Sharif El - Gamal, the head of Soho Properties and developer of the controversial Park 51 mosque, after his former
landlord claimed he failed to pay back rent at a former office.
If the carpet was ten years old when you moved in and all you did was walk on it, there is no
claim because the
landlord has no likely
claim against you.
If the
landlord sues you for those damages, or the insurance company subrogates
against you for the damages, your Garland renters insurance company will provide a defense at their own expense to settle or litigate those
claims.
A
landlord would be remiss not to require that waiver, in fact If the provisions of the law were applicable to a tenant who burned the building down, not only would the
landlord have no cause of action
against the tenant, but the
landlord's insurance company wouldn't even be able to subrogate
against that tenant because their only right of recovery is in the
landlord's stead, which he assigned to them when they paid the
claim.
By that, we mean that if the building were to burn to the ground for no discernible reason, the
landlord would make a
claim against his own insurance, which would pay the
claim to rebuild the building.
If your negligence causes a loss to the property, the
landlord's insurance company is likely to subrogate, or proceed
against you to collect the money they paid on the
claim.
The insurance company now owns the right of recovery
against you, having «purchased» it in a sense by paying for your
landlord's
claim.
The
landlord's
claims against you: The
landlord will hold you liable for the rent from now until they find someone to rent it again, plus the damages.
Landlord Protection liability insurance options protect you and your spouse or domestic partner
against personal injury, wrongful eviction, or wrongful entry as well as other non-bodily injury
claims such as libel and slander.
In a country in which we are spending over $ 11 billion annually on health care for companion animals, lawyers are going to see more and more animal - related issues coming to them, from tort
claims against veterinarians to
landlord - tenant disputes to animal custody cases.
By the same token, it is open to a
landlord to bring a
claim against a tenant for obstructing an enforcement agent and / or interfering with controlled goods without lawful excuse.
Obtained arbitration award for a large Internet company
against an overreaching
landlord which had made
claims related to the lease of client's primary office.
A personal injury lawsuit was filed
against the
landlord,
claiming that he was negligent in maintaining the deck.
In Forcelux Ltd v Binnie [2009] EWCA Civ 854, [2009] All ER (D) 216 (Oct) the Court of Appeal held that the hearing of a
landlord's possession
claim against his tenant in a county court's undefended list was not a trial for CPR 39.3 purposes.
Forsters LLP property litigation partner Natasha Rees says the decision in the Sportelli litigation will protect tenants
against landlords»
claims that «hope value» — an additional sum payable in the anticipation of selling to a special purchaser in the future — should be included as part of the price.
Won a $ 20 million case on behalf of tenants of an apartment building on the Upper East Side
against their
landlord who had demanded a rent increase after
claiming to have made $ 2 million in improvements to the building
«TCC
claims 2.1 The following are examples of the types of
claim which it may be appropriate to bring as TCC
claims --(a) building or other construction disputes, including
claims for the enforcement of the decisions of adjudicators under the Housing Grants, Construction and Regeneration Act 1996; (b) engineering disputes; (c)
claims by and
against engineers, architects, surveyors, accountants and other specialised advisers relating to the services they provide; (d)
claims by and
against local authorities relating to their statutory duties concerning the development of land or the construction of buildings; (e)
claims relating to the design, supply and installation of computers, computer software and related network systems; (f)
claims relating to the quality of goods sold or hired, and work done, materials supplied or services rendered; (g)
claims between
landlord and tenant for breach of a repairing covenant; (h)
claims between neighbours, owners and occupiers of land in trespass, nuisance etc; (i)
claims relating to the environment (for example, pollution cases); (j)
claims arising out of fires; (k)
claims involving taking of accounts where these are complicated; and (l) challenges to decisions of arbitrators in construction and engineering disputes including applications for permission to appeal and appeals.»
Advising on
claims concerning construction professionals and
claims against solicitors due to their failure to deal with
landlord and tenant
claims correctly.
The
landlord applies to add a separate
claim for damages
against the tenant.
Successfully knocked out a derivative
claim against the National
Landlords Association by members of a regional landlords» association which had been taken over by the NLA in a strategic move, seeking to un-do the takeover or cl
Landlords Association by members of a regional
landlords» association which had been taken over by the NLA in a strategic move, seeking to un-do the takeover or cl
landlords» association which had been taken over by the NLA in a strategic move, seeking to un-do the takeover or
claim # 5m.
Defending our clients
against these
claims has also brought into play our experience and skill in other legal areas, such as
landlord and tenant law and consumer protection acts.
Harjie is frequently involved in demanding and complex land and property related disputes and is the firm's lead partner on all commercial
landlord and tenant litigation including contested lease renewals, lease termination, disputed dilapidation and service charge
claims, actions
against telecommunication operators, actions for breach of covenants, possession
claims and enforcement.
This case concerned a
claim by Marks & Spencer (M&S)(as business tenant)
against its
landlord BNP Paribas (BNP) for an apportioned refund of advance quarterly rent for a period when they were not in occupation after exercising a break clause.
In such cases, property owners and
landlords may be liable in a suit
against them or a
claim for damages, as they have a legal responsibility under premises liability law to provide a reasonably safe environment for their tenants.
In Louis Vuitton Malletier S.A. v Zekria Wakilzada, 2017 ONSC 2409, the Ontario Superior Court of Justice allowed Louis Vuitton to continue their action
against a Toronto - area flea market in a novel
claim alleging that the
landlord was liable in negligence, contributory IP infringement and vicarious liability, because of the sale of counterfeit Louis Vuitton merchandise by flea market vendors.
With over 50 years of experience advocating on behalf of injured clients, we have the expertise to turn a
claim of negligence
against a
landlord or property owner into real financial compensation to help you pay with high medical costs or make up for missing money from being unable to work for an extended period of time.
Recent highlights include representing a commercial
landlord in a challenge
against a new lease; handling a dilapidations
claim for a
landlord; and acting for the owner of a mobile home site in a dispute concerning pitch possession following a period of unpaid pitch fees by the occupants.
Recent highlights include acting for two individuals in separate
claims relating to adverse possession; handling a lease renewal
claim for a car dealership; acting for a private tenant in an enfranchisement
claim regarding a property in Central London; and representing a national commercial
landlord in bringing a dilapidations
claim against a former tenant.
If you are injured in a swimming pool accident, you may bring a
claim against one or several parties, including the property owner,
landlord, tenant, contractor, property management company or equipment manufacturer.
The Massachusetts Appeals Court has allowed the
claim of a child who was bitten by a dog to proceed to trial
against the
landlords, even though the
landlords did not own the dog.