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James D. Murtha, Esq.

Eviction FAQs

Can Mortgage Payments Can Constitute Rent?

One of the most important factors in determining how to evict someone is whether the person to be evicted ever paid any amount of money in exchange for his or…
James D. Murtha, Esq.
James D. Murtha, Esq.November 24, 2013
Eviction Law

Landlords, Think Twice About Signing a Written Lease With Your Tenant.

     Many landlords feel a need to memorialize in writing almost every word exchanged with their tenants.  But is having a written lease agreement really in the landlord's interest?…
James D. Murtha, Esq.
James D. Murtha, Esq.January 17, 2013
Post-Eviction IssuesThe Eviction Process

How To Enforce a Judgment of Possession and a Warrant of Eviction

     In both Nassau and Suffolk County, when a landlord goes to court to evict a tenant, the landlord is seeking legal authority to have an enforcement officer physically…
James D. Murtha, Esq.
James D. Murtha, Esq.January 5, 2013
Eviction Law

Landlords: What You MUST Do With Your Tenant’s Security Deposit if You Want the Right to Claim it for Damages

Two things are certain about almost every landlord-tenant relationship: that the tenant will be required to deposit money with the landlord as security before moving in; and that the relationship…
James D. Murtha, Esq.
James D. Murtha, Esq.March 31, 2012
Eviction FAQsTenant Rights

What Duty Does a Landlord Have to Make Repairs if a Tenant Complains?

In Olszewski v Neuman, 2011 NY Slip Op 51287(U), a Nassau County District Court case, tenants sued their landlord for the return of their $2,100 security deposit. The tenants entered…
James D. Murtha, Esq.
James D. Murtha, Esq.March 9, 2012
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