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NYS appeal of small claim adverse judgment against landlord by tenant
I'm trying to appeal in NYS...
Small claims landlord/tenant judgement psychotic... Tenant breached contract for lease of house for 1 yr. demanded depost returned.. landlord counterclaimed for full (remaining)payment of 1 yr. rental.. Judge said landlord could lookout for self.. and awarded tenant return of deposit. Impossible to find local atty who will take the case.. Everyone says. 'cut your losses' and pay breaching tenant the deposit... Is there LAW? Or is there NO LAW? All the negotiations were based on a written lease that clever sneaky UNION college students managed NOT to sign. So they believe that makes them MONTH TO MONTH>.. and they became sick of each other and several of them just moved out. But they performed in ALL respects according to the written (but NOT signed) one year lease agreement.. Seems like FEW NY lawyers (how did they pass the rigorous BAR exams?) Are unfamiliar w/ NYS Gen Obligations Law title 5 chapter.. (whatever) stating that All transactions regardiong real estate MUST be in WRITING EXCEPT Leases of property for term NOT exceeding 1 yr. This a LONG question... I need to file the NYS appeal myself.. and could use some coaching.. Such as how to perfect the appeal.. and stay on top of the scheduling.. |
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Sorry "no attorney" if you can pay their fee an attorney will file or sue anyone, Most are telling you that the cost of appealing will be 10 or more times the cost of any deposit most likely. And there is law, but that does not mean it always work rights, or rules as we want. |
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How did they manage not to sign the lease and you not catch that sooner? With them not signing the lease I suppose that was what the Judge was looking at. I know the court system seems to have no rhyme or reason any more but it ends up costing more fighting them than it is worth... IF you could even find a lawyer. |
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