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What Landlords Must Know Prior To Filing For Eviction

By: Undisputed Legal/Eviction Service Department

A tenant with a lease is protected from eviction during the lease period so long as the tenant does not violate any substantial provision of the lease or any local housing laws or codes. For both regulated and unreg- ulated apartments, landlords must give formal notice of their intention to obtain legal possession of the apartment.

Unless the tenant vacates the premises by a specified date, the landlord may commence eviction proceedings through: (a) a summary non-pay- ment court proceeding to evict a tenant who fails to pay the agreed rent when due and to recover outstanding rent; or (b) a summary holdover proceeding for eviction if a tenant significantly violates a substantial obligation under the lease (such as using the premises for illegal pur- poses, or committing or permitting a nuisance) or stays beyond the lease term without permission (Real Property Actions and Proceedings Law (RPAPL § 711).

 

PROCESS SERVER LAWS IN ALASKA

By: Undisputed Legal/Process Service Department

Alaska has extensive regulation of private process servers. Private process servers are licensed by the Alaska State Department of Public Safety . See e.g., Alaska R. Civ. P.(c); 13 Alaska Admin. Code § 67.010. The Department has issued detailed regulations, which include an examination. 13 Alaska Admin. Code § 67.100.

The Department requires a passing grade of at least 80%. The test contains 50 questions, 25 multiple choice and 25 True or False. The Department makes available a study guide, which we requested but never received.

Alaska regulations also govern qualifications of process servers, 13 Alaska Admin. Code § 67.020; set out standards of professional conduct, § 67.180; impose bond requirements on process servers and process service firms, § 67.920; and require publication of process server fees and that such fees be “reasonable,” 67.220.

For information on Process Service visit www.undisputedlegal.com.  Open Monday – Friday 8am-8pm.  “When you want it done right the first time” contact undisputedlegal.com

 

Find People, Person Search, Background Check, We Do it All!

By: Undisputed Legal/Skip Trace Department

Skip trace is the process of locating a person’s whereabouts for any number of purposes. A skip tracer is someone who performs this task. The term “skip” refers to the person being searched for, and is derived from the idiomatic expression “to skip town”, meaning to depart (perhaps in a rush), leaving minimal clues behind to “trace” the “skip” to a new location

What Should I Do When A Debt Collection Agency Contact You?

By Undisputed Legal/Court Service Department

When a debt collector contacts you the first time, it is usually in the form of a dunning letter (collection letter) or a phone call. Never ignore a debt collector, even if you do not recognize the debt. DCA offers a checklist to help you protect your rights: 

Check that the debt collection agency is licensed. Debt collection agencies must include their DCA license number in all letters sent to you. To verify if a debt collection agency is licensed, call 311 (212-NEW-YORK outside NYC) or search DCA’s Instant License Check, available online at nyc.gov/dca

How To Evict A Month To Month Tenant In New York

By: Undisputed Legal/Eviction Service Department

Renters who do not have leases and pay rent on a monthly basis are called “month-to-month” tenants. In localities without rent regulation, tenants who stay past the end of a lease are treated as month-to-month tenants if the landlord accepts their rent (Real Property Law § 232-c).

A month-to-month tenancy outside New York City may be terminated by either party by giving at least one month’s notice before the expiration of the tenancy. For example, if the landlord wants the tenant to move out by November 1 and the rent is due on the first of each month, the landlord must give notice by September 30. In New York City, 30 days’ notice is required, rather than one month.

Landlords do not need to explain why the tenancy is being terminated, they only need to provide notice that it is, and that refusal to vacate will lead to eviction proceedings. Such notice does not automatically allow the landlord to evict the tenant. A landlord may raise the rent of a month-to-month tenant with the consent of the tenant. If the tenant does not consent, however, the landlord can terminate the tenancy by giving appropriate notice. (Real Property Law § 232-a and § 232-b).

For information on our Eviction Service visit www.undisputedlegal.com.  Open Monday – Friday 8am-8pm.  “When you want it done right the first time” contact undisputedlegal.com

Process Server Laws In Alabama

By: Undisputed Legal/Process Service Department

Alabama Rule of Civil Procedure 4(i)(1) governs delivery of service by a process server. The statute provides that process is served by a “sheriff or constable.” Ala. R. Civ. P. Rule 4(i)(1)(A). The statute further provides that “[a]s an alternative to delivery by a sheriff . . . process issuing from any court governed by these rules may be served by any person not less than eighteen (18) years of age, who is not a party.” Rule 4(i)(1)(B). 

What can a Protection Order include?

By: Undisputed Legal/Family Court Process Service Department

TEMPORARY PROTECTION ORDERS. After the Petition is filed, the judge must decide whether to issue a “Temporary Protection Order” based on the Petition. If this Temporary Protection Order is issued, it may include some or all of the following:

  • Order the victim’s home or work address, the phone number, or other related information deleted from all records filed with the court concerning the Protection Order.
  • Restrain the defendant from committing or threatening to commit acts of abuse, or from harassing, annoying, telephoning, contacting, or otherwise communicating directly or indirectly with the victim, victim’s minor children, or any other designated family or household member.

Who is covered by a Protection Order?

By: Undisputed Legal/Family Court Process Service Department

Persons covered by a Protection Order include the victim, minor children of the victim, and designated household or family members.  These people will be referred to as “the victim”. The alleged abuser will be referred to as “the defendant”.

The Structure of Appellate Courts

By: Undisputed Legal/Court Service Department

Court of Appeals: The Court of Appeals is the highest court in the state. As the state’s court of last resort, the Court of Appeals hears appeals from the Appellate Division of the Supreme Court. The court has seven judges, six associate judges and the chief judge. Court of Appeals judges are appointed for 14-year terms by the governor who must make an appointment from a list of seven “well-qualified” candidates submitted by the bipartisan 12-member Commission on Judicial Nominations. The New York State Senate must also confirm the nomination.