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Old 04-20-2012, 06:39 PM
 
108 posts, read 140,209 times
Reputation: 58

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Quote:
Originally Posted by person900990 View Post
I see. So YOU made a bad deal, paying below market value for a crappy old horse that you bet would make you pots of gold. You didn't do any research. You didn't hire a lawyer. You know NOTHING about the eviction procedures in NY.

But somehow it's the fault of liberals? The government should come and help you, mr poor sympathetic business man who entered willingly into a contract knowing the risks.

It's remarkable how many people here shoot from the hip, without actually bothering to read what they claim to be critiquing.
I make one joke about the teaparty and someone gets their knickers all twisted up...

P9, if you had read what I wrote you'd understand how idiotic your accusation is. I had no expectation of "pots of gold". You invented that yourself.
I was excited that for the price of a nice condo I could get a small house to live in with my family. Part of the cheap price was that it came with the Chinese restaurant. I knew it could be trouble and bought it anyway.

And guess what?

I'd do the same thing today.

What's disillusioning towards my formerly liberal politics has nothing to do with the greed of my tenants; it's the massively dysfunctional city agencies, that thrive on your tax $ and mine. Not just the courts, but the Dept of Buildings, a vision of hell if there ever was one. It's the Depts of Finance and Taxation.

I've come to understand that generations of functionaries have gotten used to barely performing at their jobs and extracting casual bribes on a daily basis - and their tenure is as locked in as a professor at an ivy league college.

I'm not saying that I like most of what the Tea Party espouses. But I think they have a very good point about taxes and the growth of government.

Last edited by humboldt; 04-20-2012 at 06:44 PM.. Reason: typos!
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Old 04-20-2012, 06:40 PM
 
38 posts, read 50,166 times
Reputation: 107
Humboldt and hilltopjay are absolutely stupid.

This is the free market at work. This is classic economic supply and demand at work. Humboldt could only get the building at a low price BECAUSE OF THE CRAPPY SELLER AND POOR TENANT. He said as much. In other words, the contract price already accounts for the litigation costs of removing the tenant. If there was no crappy tenant, the building would be worth much more and Humboldt couldn't have afforded it. Don't you get it?

It makes no sense to be bitter about it, because you assumed the risks.
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Old 04-20-2012, 07:09 PM
 
108 posts, read 140,209 times
Reputation: 58
Quote:
Originally Posted by person900990 View Post
Humboldt and hilltopjay are absolutely stupid.

This is the free market at work. This is classic economic supply and demand at work. Humboldt could only get the building at a low price BECAUSE OF THE CRAPPY SELLER AND POOR TENANT. He said as much. In other words, the contract price already accounts for the litigation costs of removing the tenant. If there was no crappy tenant, the building would be worth much more and Humboldt couldn't have afforded it. Don't you get it?

It makes no sense to be bitter about it, because you assumed the risks.
P9, I'm sure it's pointless to reply because you are clearly not hearing what I'm saying.

But I can't resist!

Who says I'm bitter? Just like your "pot of gold" statement, you went there by yourself. I prey to Allah you're not a journalist.

Analogies didn't work well with bellakin, but I'll try with you, since you, at least, picked up on the horse theme. But hold on, here's a new one:

You fall in love with a girl. She's seductive in more ways than you can count, you can't keep you eyes off her, but... she's trouble.
It's not completely clear if she's totally broken things off with the last guy she dated.
In the middle of a nice dinner she suddenly starts weeping uncontrollably and you have to spend the whole night trying to bring her back to her senses.
Her clothes bills, which Daddy pays, are astronomical, and she becomes hysterical if she detects any cynicism from said Daddy as a result of her dependence.
The sex is the best you've ever had.

Do you see where I'm going with this, P9? The relationship is crazy, but you wouldn't give it up for the world.
You're not bitter, in fact you're happier than you've been in a long time, excited, alive.
But you reach out to people with relationship experience, in hopes of helping your romance with this unique crazy chick.


OK, maybe it's a little weird to compare ownership of a run-down townhouse to great sex with a crazy chick, but New York RE gets that way...
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Old 04-21-2012, 02:24 PM
 
108 posts, read 140,209 times
Reputation: 58
Quote:
Originally Posted by jcoltrane View Post
How did you find this attorney? You said "eviction lawyer", why do you say he is an "eviction" lawyer?

Understand, attorneys are like doctors, they specialize (at least the good ones)! You wouldn't go to a foot doctor (pediatrist) or an internist for your heart, you would go to a cardiologist.

You need a Landlord-Tenant attorney or a Real Estate Litigationist. In either case it should be all they do all day every day. They don't do divorces, they don't do accidents!

The L&T guy s/b cheapest, but make sure they have *commercial* experience, many just deal with residential.

Real Estate Litigators specialize in more complicated issues and s/b quite versed in commercial issues. They will also handle less complicated issues, such as L&T in service to their clients. In commercial issues both parties tend to be capable of funding a court fight.

I ask because, I question the wisdom of accepting a partial payment, or any payment at this point.

The basic point is, particularly in the case of receiving a 'default judgment', the tenant can come with an OSC and claim that he has been paying, and/or that there is some sort of (payout) agreement, and BAM! Here is proof, last week's payment receipt. Now, the LL has to explaing, and the court has to figure out what's what.

You ALWAYS want your case to be clear and unambiguous!

For example, say the tenant owes 3 months rent, you take the tenant to court for eviction. Month 4, the tenant offers rent and you accept. In court the Tenant can claim that he and you agreed to settle for this month's rent and a month and a half thereafter until the arrearage is paid.

The judge will ask is it true?
You'll say, no, the tenant is a liar.
The tenant will say you are the liar, and the rent receipt represents the agreement.

Now, the court will need to determine what is what. Not knowing which, the court will be inclined to push a settlement along the lines the tenant claimed, which in a normal circumstance is a good workout. Understand, the court's aim is to bring parties together.

All avioided by not taking the money. You can always sue later in small claims (depending upon the amount); or you can ask the judge to amend the judgment (if there is a money judgment).


The lawyer I spoke with is Robert Mizrahi, whose firm specializes in evicting deadbeat tenants, although I did not ask specifically about their experience with commercial leases. I assumed that the process would be structurally the same, but that the judge would act less leniently towards tenants who don't live in the rented property. And commercial leases, including mine, seems frankly weighted towards the LL.

What you say about accepting partial payment may well be true and I'll follow that advice unless I get an unequivocal opinion from someone with a lot experience (although I have a feeling that I won't see any of the owed rent money otherwise).
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