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Real Estate

About Us

The Law Offices of Alice K. Berke, P. C. handles real estate matters including closings, evictions (landlord representation only), leases, zoning, variances and litigation. Alice K. Berke, Esq. is a landlord, a Board of Directors Member of the Capital District Association of Rental Property Owners ("CDARPO") and writes a column for their monthly letter entitled "Alice in Legaland".

Closing

In any real estate transaction, the buyer and the seller should each be represented by their own attorney. Never try to represent yourself or be convinced to let another party's lawyer "represent" you. Take advantage of our free consultation to find out how this can be risky.

What we can do...

We begin by reviewing the contract you may have already signed and deciding whether to advise you to proceed. If the transaction proceeds, we will review and/or prepare all of the documentation necessary for the closing, keep apprised of deadlines, negotiate any disputes that arise and attend the actual closing. Our fee is not paid until the end of the closing.

Eviction

Some tenants do everything wrong, don't pay and then won't leave. You may need an eviction for non-payment, violation of the lease, overstaying the lease, committing nuisance, etc. Some landlords try to self-evict and usually end up calling lawyers after having lost precious time. The object of this process is to get started as soon as possible.

What we can do...

We can help you meet the legal requirements for service of the 3 day, 30 day or other required notice. (By the way, 30 day notice has been interpreted to mean one full calendar month notice.) When notice has expired, we prepare a Notice of Petition and Petition, which is submitted to the Court to get an appearance date assigned. We then attend the appearance, ready to argue against your tenant who probably knows the system quite well. Once we obtain a warrant of eviction and/or Judgement for you, we can advise you how to execute it. It is important to store your tenant's possessions for at least thirty days if they leave them behind. You should document them too with a camera if you can, as you do not want to be accused of discarding valuable items.

Leases

Often our clients need assistance drafting, interpreting or improving all or part of a lease. Having drafted many leases, including CDARPO'S form lease with optional language, Ms. Berke still does not advise the use of a form lease in most situations. Every landlord- tenant situation is unique in its own way and gives rise to its own problems. Always have your lease reviewed by your attorney.

Zoning

Our clients have businesses and names that may require dealings with government agencies, like Buildings & Codes or Board of Zoning Appeals. The standards that must be met can be confusing and tedious. Relevant research and vital evidence are required to assemble a strong zoning case. A convincing presentation is necessary to win.

Litigation

When real estate issues cannot be resolved amicably, it is sometimes necessary to take the matter to Court. Your negotiating power is greatly diminished if your attorney is afraid to litigate. Make sure your attorney is aggressive whether the litigation involves construction issues, specific performance, breach of a lease or contract or other issues.

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