Before a landlord can reclaim possession of leased property, he or she must terminate the tenancy. First, there must be a notice of default given, depending on the nature of the default. For example, the law requires three days notice for unpaid rent or 30 days notice to terminate a tenancy in the event of a month-to-month tenancy. In no event should a lease contain time frames greater than those that are required by the law.
Minimizing Exposure in the Landlord/Tenant Relationship
While there is no full-proof way of eliminating exposure to problems or difficulties with tenants, there are a few that one should keep in mind:
The importance of a lease
There is nothing that can provide more benefit to the landlord/tenant relationship than a written lease. In the residential setting, a plain language lease helps greatly in outlining the rights and responsibilities of either party. The law requires that leases be in clear language (which is different than rules regarding commercial leases). Many people use pre-printed forms or forms found on the internet, but it is important, especially for the landlord, to have those forms reviewed by an attorney make sure that the following issues are addressed thoroughly:
In today’s economy, Americans have struggled to make a decent income or keep their jobs at all, a situation several Western New Yorkers can sympathize with. Despite this sympathy, there are an abundant amount of large corporations in the Buffalo area that seem to be profiting off the economic misfortunes of others and, surprisingly, the culprits are the debt collectors that promise to help us out of debt in the first place.
I read with interest a September 26, 2008, article in The Buffalo News, about an 88 year old area widow who had been bilked out of close to $80,000.00 for home improvements that were never done and were done in a shoddy fashion. My first thought was how overwhelming sad it was that in a “City of Good Neighbors” that such a thing would even occur. Not only had it occurred, but the poor woman had paid the gentleman over 71 payments that totaled the $80,000.00. Eventually, the culprit was arraigned in the Town of Cheektowaga Court, and if convicted he could face up to 15 years in prison.