Legal Material

Breaking A Lease In New York

By: Akanksha A. Panicker

COVID-19 has been harsh for everyone concerned. A marked uptick of tenants are unable to pay their fees and the impact is felt on both sides of the landlord-tenant dynamic, with landlords unable to make ends meet without the steady source of rental income. The situation has also seen a lot of tenants attempting to let go of their paid housing and move out to stay with relatives and the like. 

Why not just walk away? Slip out the back? Ghosting your landlord is often a plan?

There are shockingly real consequences for merely walking out on a pre-existing lease. Landlords who have had tenants exit without notice have legal protection under property laws of the state or city they’re in. In this article, we’ll examine the consequences of breaking a lease. 

Understanding A Summons Versus A Subpoena

By: Akanksha A Panicker

It’s always a shock to receive a summons or a subpoena. Providing evidence is an imperative part of any case, however, and you are legally required to respond by the deadline. It’s hard to ensure that each party has had an adequate chance to represent themselves and provide proofs that corroborate their stance. Consequently, both these legal instruments are used as a way to ensure that an individual is brought before the court. The following article will elucidate areas of confusion between a summons or a subpoena and will demarcate the differences between the two. 

 [1.1] What Is A Summons?

A summons essentially provides legal notice to a party about a lawsuit, being the very first form of official communication that lets an individual know that they are being sued. While a summons may sometimes specify a court date, it is not always necessary. 

A summons cannot be ignored, as it is legally binding and essential to ensure due process is followed. However, one will not be held in contempt for ignoring a summons, unlike a subpoena. The direct consequence of ignoring a summons is the issuance of a default judgement in favor of the plaintiff. In the event that the plaintiff themselves do not show, the case is to be dismissed. A summons thus essentially acts as an invitation to participate in the lawsuit. If one does not participate, they have no chance of winning and as a result, lose by default. 

Service of process is how a summons is delivered to the individual, the form and content of which is widely depicted in Rule 4 of the Federal Rules of Civil Procedure. 

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SERVING A REGISTERED AGENT – NEW YORK STATE

 

DID YOU KNOW…

In addition to the designation of the secretary of state, each domestic limited liability company or authorized foreign limited liability company may designate a registered agent upon whom process against the limited liability company may be served. (b) The agent must be either: (1) a natural person who is a resident of this state or has a business address in this state; (2) a domestic limited liability company or an authorized foreign limited liability company; or (3) a domestic corporation or a foreign corporation authorized to do business in this state. (d) The registered agent of a limited liability company may resign as such agent. The registered agent shall file a certificate with the department of state entitled “Certificate of resignation of registered agent of… (name of limited liability company) under subdivision (d) of section three hundred two of the Limited Liability Company Law” and executed by such registered agent. Such certificate shall set forth: (1) the name of the limited liability company, and if it has been changed, the name under which it was formed. With respect to a foreign limited liability company, there shall be set forth its name and, if applicable, the fictitious name the foreign limited liability company has agreed to use in this state pursuant to section eight hundred two of this chapter; (2) the date the articles of organization or application for authority was filed by the department of state; (3) that he or she resigns as registered agent of the limited liability company; and (4) that he or she has sent a copy of the certificate of resignation by registered mail to the limited liability company at the post office address on file with the department of state specified for the mailing of process or, if such address is the address of the registered agent, to the office of the limited liability company in the jurisdiction of its formation. (e) The designation of a registered agent shall terminate thirty days after the filing with the department of state of the certificate of resignation. A certificate designating a new registered agent may be delivered to the department of state by the limited liability company within the thirty days or thereafter.

For more information on serving legal papers visit www.undisputedlegal.com or call (800) 774-6922, representatives are ready to assist you, Monday-Friday 8am-8pm call now!

FREQUENTLY ASKED QUESTIONS ABOUT PROCESS SERVERS?

Be Informed

What is Process Service?

Process service, also known as “service of process,” is the procedure employed to give appropriate notice of initial legal action to another party (such as a defendant), court, or administrative body in an effort to exercise jurisdiction over that person so as to enable that person to respond to the proceeding before the court, body, or other tribunal. Notice is furnished by delivering a set of court documents (called “process“) to the person to be served, process service is performed by a process server.

What is a Process Server?

A process server is a private citizen (i.e., retired judge, law enforcement, attorney, legal professional etc.) who meet the requirements within the state/county/country in which they operate.  Their job is to deliver legal documents  to federal, state, city agencies, corporations, private businesses and the general public, to inform them they are involved in a court action.  These  documents range from family court documents, (i.e., divorce, child support, custody, orders of protection etc.) supreme court documents (i.e., writs, subpoenas, summons and complaints etc.) and civil court documents (i.e., evictions, small claims issues etc.)

The 10 Essential Rules Every Lease Agreement Should Cover

By: Matt Faustman

9423763880_16d2ec4d79Across the nation, and due to the housing and unemployment crisis of the past decade and a half, many former homeowners have returned to renting property. Plagued by high unemployment, many college graduates have also put buying a home aside and settled in a generation of renters.  Residential demographics from 2012 obtained by the National Multi-Housing Council indicate that renter-occupied households make up 32% of the total U.S. households. That number changes depending on the region with cities like New York and Los Angeles having 50% and 42% (respectively) households in rental properties. Continue reading

Did You Know…. Serving a Corporation/Bank….

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