LEASES IN NYS ARE BASED ON "CONTRACT LAW", so I pulled out a book I have titled "Paralegal Practice and Procedure: A Practical Guide for the Legal Assistant (3rd Edition) and will quote relevant info below:
6 ESSENTIAL ELEMENTS NECESSARY TO CREATE A CONTRACT:
1. OFFER: We will rent you this for "x" per month. (although verbal agreements can be binding contracts, it is best for Leases to be in writing because any confusion or disagreement can typically be resolved by reading the words on the document)
2. ACCEPTANCE : "I will take it!" When a landlord starts writing on the paper, YOU NEED to read all of the pages they write on! Your signing your name REPLACES ANY VERBAL CONVERSATION WITH THE WRITTEN DOCUMENT. NYS requires that Leases be in "Plain English" so if it says somewhere you will be "jointly and severally liable" for anything, either they have to define (correctly) what that means in writing, or you may want to strongly consider writing on the paper (legibly) above your signature, "This contract is pending the consent, within 3 business days, of my Attorney." Then you can call an attorney and ask what it means.
3. CONSIDERATION: One reason Leases have a Security Deposit, is that is the financial consideration you make to the Landlord to bind the contract. The promise to pay is also deemed "consideration", so no money need be exchanged at the signing. In my *opinion*, if a Landlord has given you keys (full access) to a unit without taking any actual deposit or rent payment, that Landlord is acting in a non-professional way.
4. CAPACITY of the Parties to Contract: If you are not the legal age of majority in the State you reside, or are mentally incompetent, drunk or drugged when you sign, your signature could be deemed by a Court of Law to have been provided without "capacity"; this may potentially void the contract.
5. INTENT: Intent of the parties to contract (an objective MEETING OF THE MINDS.) DO NOT LET A LANDLORD TELL YOU that although you are paying $750 +/- per month for the private use of ONLY ONE BEDROOM in one total rental unit (common in College areas), it is up to YOU AND THE OTHER TENANTS to figure out WHICH BEDROOM WILL BE YOURS. This is pure nonsense when you understand that the Attorney General's "Tenant's Rights" flyer (available online) states: "At minimum, leases should identify the premises...(including) the conditions of occupancy." IF YOU ARE VERBALLY TOLD YOU WILL BE LEASING A CERTAIN BEDROOM, WRITE IT DOWN WHERE THE FORM DESCRIBES THE "RENTAL UNIT". THIS PRESERVES YOUR RIGHT AGAINST OTHER TENANTS SWITCHING BEDROOMS WITHOUT YOUR KNOWLEDGE OR CONSENT. SWITCHING BEDROOMS RESULTS IN THE FOLLOWING LEGAL PROBLEMS TO THE LANDLORD AND YOU MAY WIN A COURT REVIEW TO GET YOUR LEASE DECLARED INVALID:
1. A mistake resulting to ambiguity
2. A mistake as to material fact.
6. The OBJECT (purpose) of the Contract MUST BE FOR A LEGAL PURPOSE AND NOT AGAINST PUBLIC POLICY to be enforceable. So contracts predicated upon horse races, dog races, lotteries and other contracts may be of questionable legal purpose depending on State Laws (that's where the "Public Policy" comes in.)
Friday, July 1, 2011
Monday, March 28, 2011
Non-Profit Orgs
It seems through some backwards trickle-up economy, that there's a LOT of income being made in companies which are filing bankruptcy and companies which are NPOs are still getting a lot of grant money.
I think it's time citizens might want to shut off their machines and start attending Town/Village, County, School BOARD MEETINGS again. Although NYS just passed it's budget, most of the other ones are very dependent upon the numbers from NYS.
I do wish, if anyone is actually reading this besides me, you would drop me a note at magicgardenrealty@gmail.com so I know.... thx!
I think it's time citizens might want to shut off their machines and start attending Town/Village, County, School BOARD MEETINGS again. Although NYS just passed it's budget, most of the other ones are very dependent upon the numbers from NYS.
I do wish, if anyone is actually reading this besides me, you would drop me a note at magicgardenrealty@gmail.com so I know.... thx!
Thursday, March 10, 2011
The Mud Month
Welcome to March, the month of MUD!
If you reside in Genesee, Erie, or Wyoming Counties (NY) and are interested in having me review your property taxes to see if you may be able to win an assessment review, please call me at (710 310-6318.
If you reside in Genesee, Erie, or Wyoming Counties (NY) and are interested in having me review your property taxes to see if you may be able to win an assessment review, please call me at (710 310-6318.
Wednesday, February 2, 2011
February
To those who haven't already figured this out, Groundhog Day is 6 weeks from Spring. Shadows have nothing to do with it! So, today we celebrate missing most of the big storm which closed most schools, libraries, etc., in Buffalo, Rochester, and the other 1700 miles the storm was supposed to hit.
Stay safe, dry and warm, carry food, water, a shovel and some "salt" in your car, leave early and arrive alive!
Stay safe, dry and warm, carry food, water, a shovel and some "salt" in your car, leave early and arrive alive!
Saturday, January 15, 2011
Another snowy day in Western New York!
For those who are interested in *checking up on* how well (or if) your real estate agent is doing the job they were hired to do, I would be happy to represent you in evaluating them. For example, there are a few Town of Pembroke (and outlying area) listings which, although I used "their" platform (Realtor.com) to locate a property for sale, AND WROTE THE AGENT/COMPANY, only about one in 5 agents (or Brokers) ACTUALLY RESPONDED!
That's appalling. They WORK FOR YOU. If you hire someone to sell your property YOU are supposed to be able to control their activity: do you want daily or monthly contact from your agent? E-mail or cell phone? However your agreement was interpreted by you, if YOU ARE NOT HAPPY, you DO have a legal right to cancel that contract. YOU EMPLOY THEM, not the other way around!
Have a wonderful weekend!
For those who are interested in *checking up on* how well (or if) your real estate agent is doing the job they were hired to do, I would be happy to represent you in evaluating them. For example, there are a few Town of Pembroke (and outlying area) listings which, although I used "their" platform (Realtor.com) to locate a property for sale, AND WROTE THE AGENT/COMPANY, only about one in 5 agents (or Brokers) ACTUALLY RESPONDED!
That's appalling. They WORK FOR YOU. If you hire someone to sell your property YOU are supposed to be able to control their activity: do you want daily or monthly contact from your agent? E-mail or cell phone? However your agreement was interpreted by you, if YOU ARE NOT HAPPY, you DO have a legal right to cancel that contract. YOU EMPLOY THEM, not the other way around!
Have a wonderful weekend!
Saturday, January 8, 2011
LGE Program: Dept. of State of NY Grants to local governments
Local Government Efficiency grants (as per the Dept. of State website) for 2009-10: $4,105,645.
What does that mean? Local governments received grants totally over Four Million Dollars.
The 2011 Original Grant Appropriation is set at Five Million Dollars. The grants are designed to save taxpayers, residents and property owners, money not just for that one year but extending way into the future.
MAIN GRANT CATEGORIES: Annexation Feasibility Study (two Albany-area school districts received $36,387), Village Dissolution Study (Town of Pike and Village of Pike were awarded $83,700), Consolidation Study (Village and Towns of Seneca Falls) were awarded $58,500), Consolidation Study (Defreestville Fire Protection District and North Greenbush Fire District #1 were awarded $23,256), Village Dissolution Feasibility Study (Village of Perrysburg and Town of Perrysburg were granted $45,000).
Well, I could go on and on (it's a four page report)... let's see:
LOCALLY ERIE COUNTY and NIAGARA COUNTY received a grant award of $275,321 for "Shared GIS" (computerized database system/access). Does that show up on either or both of their BUDGETS??? The Town of Avon and Village of Avon got $200,000 to consider a Joint Court Facility, the City of Niagara Falls and Town of Wilson received $74,681 for "Shared Assessment Services"[reducing the Town of Wilson household property tax $5.66 per $1,000]. Other local recipients include: Erie2-Chataqua-Cattaraugus BOCES, Town of Hamburg, Town of Eden, Town of Boston, Town of Colden, Village of Hamburg, Village of Blasdell, Monroe County, City of Batavia, Genesee County, Town of Evans, Village of Angola, Village of LeRoy,, Town of Leicester, Town of Avon, Town of Caledonia, Town of Mt. Morris, Town of York (the latter 5 for a "Shared road widener and roller" which of course makes roads wider...) Chatauqua County and the Town of Ellicott were granted $291,960 for "Countywide Consolidation of Highway Furface Treatments" Taxpaers are off the hook for $152,356 because the Town of Wheatfield, Town of Pendleton, Town of Lewsiton, and Village of Youngstown got together, wrote a grant application, and received jointly the $152,356 for "shared street sweeping equipment".
Wow, in the early 1900's CITIZENS SWEPT (and shovelled, and BUILT) THE ROAD themselves! So, folks, remember to check your Department of State website now and then, it's just brimming with information!
Have a great weekend!
What does that mean? Local governments received grants totally over Four Million Dollars.
The 2011 Original Grant Appropriation is set at Five Million Dollars. The grants are designed to save taxpayers, residents and property owners, money not just for that one year but extending way into the future.
MAIN GRANT CATEGORIES: Annexation Feasibility Study (two Albany-area school districts received $36,387), Village Dissolution Study (Town of Pike and Village of Pike were awarded $83,700), Consolidation Study (Village and Towns of Seneca Falls) were awarded $58,500), Consolidation Study (Defreestville Fire Protection District and North Greenbush Fire District #1 were awarded $23,256), Village Dissolution Feasibility Study (Village of Perrysburg and Town of Perrysburg were granted $45,000).
Well, I could go on and on (it's a four page report)... let's see:
LOCALLY ERIE COUNTY and NIAGARA COUNTY received a grant award of $275,321 for "Shared GIS" (computerized database system/access). Does that show up on either or both of their BUDGETS??? The Town of Avon and Village of Avon got $200,000 to consider a Joint Court Facility, the City of Niagara Falls and Town of Wilson received $74,681 for "Shared Assessment Services"[reducing the Town of Wilson household property tax $5.66 per $1,000]. Other local recipients include: Erie2-Chataqua-Cattaraugus BOCES, Town of Hamburg, Town of Eden, Town of Boston, Town of Colden, Village of Hamburg, Village of Blasdell, Monroe County, City of Batavia, Genesee County, Town of Evans, Village of Angola, Village of LeRoy,, Town of Leicester, Town of Avon, Town of Caledonia, Town of Mt. Morris, Town of York (the latter 5 for a "Shared road widener and roller" which of course makes roads wider...) Chatauqua County and the Town of Ellicott were granted $291,960 for "Countywide Consolidation of Highway Furface Treatments" Taxpaers are off the hook for $152,356 because the Town of Wheatfield, Town of Pendleton, Town of Lewsiton, and Village of Youngstown got together, wrote a grant application, and received jointly the $152,356 for "shared street sweeping equipment".
Wow, in the early 1900's CITIZENS SWEPT (and shovelled, and BUILT) THE ROAD themselves! So, folks, remember to check your Department of State website now and then, it's just brimming with information!
Have a great weekend!
Wednesday, January 5, 2011
WNY Snow
Drove home from Ithaca with my new car last night... pretty much the whole time on the NYS Thruway, in a snow squall. Good ole' Lake Effect Snow has kept a lot of people busy this Winter!
Whenever I drive in the Winter, I have a snow shovel, a wool blanket, extra high-protein food (and water), and road salt in a sealed plastic container. Had everyone who was stuck on the NYS Thruway last month been similarly prepared, once the accident (which caused the back-up) was cleared, EACH person would have only had to remove snow from their own car's place on the road, throwing it onto the side of the road, and could have driven out of the "traffic jam" without being stuck for around 24 hours while they waited (most in nearby shelters) to be rescued by snowplows, tow trucks, AAA, etc., etc.
Personal RESPONSIBILITY seems to be a thing of the past. However, in my opinion, it's critical to resolving some of the perceived economic problems. Just so you know, TAXPAYERS paid at least part of the cost to remove the snow and vehicles from the huge traffic jam last month. In the case of the Thruway, tolls from other parts of the system may have covered some of the expense, however most of the people who use the Thruway are also taxpayers!
For the fun of it, go online and see if you can get the Town and/or Village Budget for your area online! If not, physically drive to the Village Hall/Town Hall and ASK FOR A COPY. Villages are currently in the budget decision-making process. Many local municipalities clear snow off of the State and County roads which overlap their jurisdiction, and are REIMBURSED A CONTRACTED AMOUNT for that service. So (theoretically) if you go to the County Budget and State Budget PART OF THE MONEY YOUR LOCAL MUNICIPALITY RECEIVES FOR SNOW REMOVAL SHOULD BE INCLUDED AS AN EXPENSE ON THESE BUDGETS.
While it's fun and easy to complain about our property tax rates, NOTHING will CHANGE unless YOU THE CITIZENS start becoming involved in the WHOLE PROCESS. If money is disappearing (not being reflected on the budget) it is your JOB to FIND it and complain loudly! One trick a former small Town did was not verbally (or in newletter) inform their residents that the Town Hall they wanted to fully fund via Bonds, was probably about 1/3rd of the way "saved for" already through about 10 years worth of property taxes to property owners.
Tenants, if you think none of your rent goes to cover the owner's property tax bill, THINK AGAIN! YOU ARE paying some if not all of the taxes!
Remember if you're driving, MOVE OVER for any police vehicle stopped on the shoulder (new NYS Law).
Whenever I drive in the Winter, I have a snow shovel, a wool blanket, extra high-protein food (and water), and road salt in a sealed plastic container. Had everyone who was stuck on the NYS Thruway last month been similarly prepared, once the accident (which caused the back-up) was cleared, EACH person would have only had to remove snow from their own car's place on the road, throwing it onto the side of the road, and could have driven out of the "traffic jam" without being stuck for around 24 hours while they waited (most in nearby shelters) to be rescued by snowplows, tow trucks, AAA, etc., etc.
Personal RESPONSIBILITY seems to be a thing of the past. However, in my opinion, it's critical to resolving some of the perceived economic problems. Just so you know, TAXPAYERS paid at least part of the cost to remove the snow and vehicles from the huge traffic jam last month. In the case of the Thruway, tolls from other parts of the system may have covered some of the expense, however most of the people who use the Thruway are also taxpayers!
For the fun of it, go online and see if you can get the Town and/or Village Budget for your area online! If not, physically drive to the Village Hall/Town Hall and ASK FOR A COPY. Villages are currently in the budget decision-making process. Many local municipalities clear snow off of the State and County roads which overlap their jurisdiction, and are REIMBURSED A CONTRACTED AMOUNT for that service. So (theoretically) if you go to the County Budget and State Budget PART OF THE MONEY YOUR LOCAL MUNICIPALITY RECEIVES FOR SNOW REMOVAL SHOULD BE INCLUDED AS AN EXPENSE ON THESE BUDGETS.
While it's fun and easy to complain about our property tax rates, NOTHING will CHANGE unless YOU THE CITIZENS start becoming involved in the WHOLE PROCESS. If money is disappearing (not being reflected on the budget) it is your JOB to FIND it and complain loudly! One trick a former small Town did was not verbally (or in newletter) inform their residents that the Town Hall they wanted to fully fund via Bonds, was probably about 1/3rd of the way "saved for" already through about 10 years worth of property taxes to property owners.
Tenants, if you think none of your rent goes to cover the owner's property tax bill, THINK AGAIN! YOU ARE paying some if not all of the taxes!
Remember if you're driving, MOVE OVER for any police vehicle stopped on the shoulder (new NYS Law).
Monday, January 3, 2011
WNY Realty Discussion - Integrity
This blog is being created to inform the general public of Western NY about issues effecting real property.
Although WNY has it's own regional circumstances which affect the real property, many of the topics will be relevant across New York State.
Today being Jan. 03, 2011, it's important that Owners realize their local municipality either currently has available the 2011 tax role, or will very soon! They are obligated to publish, in their designated newspaper's legal section, a formal statement indicating availability, times to review numbers, etc.
Although WNY has it's own regional circumstances which affect the real property, many of the topics will be relevant across New York State.
Today being Jan. 03, 2011, it's important that Owners realize their local municipality either currently has available the 2011 tax role, or will very soon! They are obligated to publish, in their designated newspaper's legal section, a formal statement indicating availability, times to review numbers, etc.
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