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Too bad you don't live in my state. If I'm not mistaken you could have had them tossed out physically by the sheriff's deputies three days after serving them with a three day pay or quit notice.
Issue Resolved - Waiting for Escow + Additional daily damages
All, sorry for not posting an update sooner, but they finally moved out and we now have possession since April 28th. The issue now is getting the escrow + additional rent owed. My attorney has requested the funds and their attorney says that they will pay and is waiting for their permission to release the money. Is that legal, or does their attorney need to release the money (at least what he already has) back to me?
Im not being snarky - genuinely curious - how come your attorney can't answer that question.
Same thing I was wondering. Sounds like he is once again getting the run around. As far as I know, any money that is in the attorney's escrow for reasons specified in the contract (which, as I recall, included "rent") is the attorney's to "release," so I don't see why their attorney needs their permission to fulfill an aspect of a contract that they have already signed. Maybe they are trying to think of a way to get out of paying you and are stalling?
Same thing I was wondering. Sounds like he is once again getting the run around. As far as I know, any money that is in the attorney's escrow for reasons specified in the contract (which, as I recall, included "rent") is the attorney's to "release," so I don't see why their attorney needs their permission to fulfill an aspect of a contract that they have already signed. Maybe they are trying to think of a way to get out of paying you and are stalling?
Maybe the lawyer is as shady as the client and the money is not really in escrow.
I would tell them (both) you are going to call the NY Law board and make a formal complaint. In fact I would probably call the NY State Law Review board and ask who you need to talk to about filing a complaint. I would probably mention this person name if I got no response.
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