Category Landlord

Security Deposits: Landlords’ and Tenants’ Rights in New York

by Bryan Lane Berson, Esq. A. What is a Security Deposit? A security deposit is a tenant’s cash that a landlord holds during the rental term to offset potential damages caused by the tenant. It is not rent. A landlord need not apply it to the tenant’s last month’s rent. The tenant must still pay […]

Avoiding Liability Related to Removal of Snow and Ice in New York: An Introduction for Commercial Property Owners and Landlords

by Bryan Lane Berson, Esq. When New York winters are harsh, it can be difficult for property owners and landlords to clear snow and ice from their properties. This column discusses landlords’ common law (note 1) duties to people invited to the property (“invitees”). New York follows the “natural accumulation rule,” which assumes that invitees […]

Co-ops and Condos in New York: Comparing the Regimes

by Bryan Lane Berson, Esq. A. Introduction.  Cooperatives (“co-ops”) and condominiums (“condos”) share some important similarities and have some distinct differences. This column discusses several basic issues that buyers and residents should be aware of. (I refer to the entity as a whole as a “co-op” or “condo,” a unit within an entity as an […]

Contractor Agreements and Accident Reports

by Bryan Lane Berson, Esq. Property owners hire many types of contractors (e.g., custodians, snow removers, repairmen), and their actions or negligence may cause accidents. Injured parties will likely sue property owners and the contractors. Thus, owners should insist that contractor agreements contain insurance and indemnification provisions. Owners should insist that before work begins, they […]

Insuring Against Property & Casualty Losses

by Bryan Lane Berson, Esq.  With regard to their businesses, entrepreneurs and executives should think carefully about risks to people and property.  They should eliminate and avoid as many risks as possible and insure against the ones that remain. This column will focus on property & casualty insurance and water damage.  Property – structures, equipment, […]

Commercial Leases: Comparing Costs, Modifications, and Other Terms

by Bryan Lane Berson, Esq. Real estate (property) is an economic resource regulated principally by municipalities and states.  There is no single real estate market.  Rather, there are many markets.  Conditions may differ among them depending on local regulations and the local economy.  While some macroeconomic factors (e.g., interest rates) can affect simultaneously many or […]