Commercial Landlord-Tenant Disputes

When people think about landlord-tenant disputes, they normally are referring to residential renters who get into arguments with their landlords over payment, conditions on the property, and so forth. However, many businesses are renters as well, choosing the relatively cheap path of renting out their business space rather than purchasing real estate. However, commercial renters can have just as many problems with their landlords as residential renters do, and sometimes they can be even more intense.

Of course, many of the issues that plague residential landlord-tenant relationships can also afflict commercial landlords and tenants as well. Disputes over rent payments are reasonably common, whether because the tenants are late with their payments, or because the landlord decides to suddenly increase the rent. A landlord may also fail to uphold their duty to maintain hospitable conditions on the property by not repairing dangerous or obnoxious issues that arise, such as a problem with the heating system or a termite infestation.

However, the fact that it’s a commercial property adds additional potential issues. After all, most businesses select a property because it suits the needs of their business, such as its geographical location, or perhaps the building has special structures (like loading bays) that are necessary for the business to run. Either way, if issues arise on the property that obstruct business, that could give rise to a landlord-tenant dispute as well.

On some occasions, a landlord may even become hostile to a tenant, perhaps out of personal animosity, or perhaps because the landlord believes they aren’t making as much out of their rental agreement as they could be with a new tenant. In such cases, a landlord might deliberately make efforts to force their current tenant out of the property, potentially violating the warranty of habitability in the process. Not only does that make your life more miserable, but it makes it that much harder to simply run your business and make a living.

If you are involved in a dispute with your landlord, or you’re a landlord dealing with a problematic tenant, you’ll need legal counsel to advise you of your rights and protect your interests. The real estate law attorneys at Wingate, Kearney, & Cullen, LLP have offices in Brooklyn and Long Island, New York.  The firm is experienced in handling commercial landlord-tenant disputes. For more information or to schedule a consultation, call (718) 852-5900 or fill out our contact form.

What is Regulation P?

The Right to Privacy Act, more commonly known as Regulation P, is not well known outside of the banking industry. However, it’s an important law that governs how the information obtained and stored by financial institutions is handled. And whether you’re a bank constrained by Regulation P, or a consumer intended to be protected by it, it’s important to know what rights and responsibilities Regulation P confers. Continue reading “What is Regulation P?”

Can a For-Profit Corporation Claim a Religious Objection?

It has long been recognized in the United States that an individual can, under certain circumstances, claim religious exemptions to certain laws because of a religious objection. This basic principle, based on the First Amendment’s Free Exercise clause, has also been extended to religious non-profit organizations, like churches and schools or charities run by religious institutions. However, in recent years a new question has come up: can a for-profit company claim a religious objection to a law, even when they’re not officially recognized as a religious organization? Continue reading “Can a For-Profit Corporation Claim a Religious Objection?”

Prohibited Activities by Nonprofit Organizations

Operating a nonprofit corporation can give you a lot of freedom compared to operating a for-profit corporation. For one, you can simply do whatever your organization was created to do, without worrying about whether you’re pleasing shareholders. For another, you can get a tax-exempt status that will protect you from the burden of the corporate income tax. However, that status isn’t absolute, and if you engage in any prohibited activities, your nonprofit status can be revoked. Continue reading “Prohibited Activities by Nonprofit Organizations”

Is a Nonprofit Corporation Right for You?

When people think about corporations, a few names will spring to mind: Disney, McDonalds, Walmart, Coca-Cola, Apple, maybe even something like Comcast or Nintendo. And that’s because most people only really think about for-profit corporations. However, just about every major charity is also incorporated, as are many colleges and universities. The big difference is that these are nonprofit corporations, and depending on what you intend to do, a nonprofit corporation might be just what you need. Continue reading “Is a Nonprofit Corporation Right for You?”

The Importance of Recording a Title

Buying real estate, whether as a home or for your business, is always a complicated affair. You need to secure financing, you need to have the premises inspected, you need to negotiate the price, and so on. However, there’s one additional factor you may need to worry about that isn’t always obvious: officially recording the fact that you’ve bought the real estate.

Whenever you purchase real estate, a part of that process is supposed to include recording the transfer of title with the local clerk’s office. This is to make sure there is a consistent record showing the transfer of ownership between one person to another. However, not everyone remembers, or knows, to have their deed recorded, which can potentially lead to a lot of issues down the line, if there’s ever a dispute over who truly owns the property.

For example, there have been cases where one person attempted to claim a house they inherited from a deceased relative, only to find that the house was sold years before and the deceased relative never changed their will to reflect that. At other times, less-than-honorable people have sold the same property to multiple buyers, creating duplicate deeds for every person they sold it to. In these cases, whether someone recorded their deed can mean the difference between whether they get to keep the property they bought (or inherited, as the case may be).

Wingate, Kearney & Cullen, LLP represents buyers and sellers of residential and commercial properties including co-ops, condominiums, single-family homes, and multiple family dwellings. With law offices conveniently located in Brooklyn, New York, and Melville, New York, our lawyers are available to assist residents of the five boroughs of New York City and Nassau and Suffolk County on Long Island with their real estate needs. If you are looking to buy or sell real estate, call (718) 852-5900, or reach us through our contact page.

The Finance of Faith: Finances for Tax Exempt Organizations

Normally, one of the benefits of running a religious non-profit organization is being tax exempt. Religious non-profits can easily obtain tax-exempt status under sections 501(c)(3) and 501(c)(4) of the Internal Revenue Code, and free themselves of many of the reporting requirements that other organizations are subject to. That said, however, a religious non-profit cannot simply ignore its finances altogether. Remaining diligent about your finances can be incredibly important if your organization ever runs into trouble. Continue reading “The Finance of Faith: Finances for Tax Exempt Organizations”

Learning How to Trust the Trust

When people hear the phrase “estate planning,” chances are the first thing that comes to mind is writing a will. And while writing a last will and testament is an essential part of estate planning, it’s not the only thing you can do to plan for your estate. For example, one often overlooked instrument is the trust, which can be a handy legal tool for anyone trying to plan their estate. Continue reading “Learning How to Trust the Trust”