A different process may be required to evict a family member in New York Although unfortunate, there are many situations where a person may wish to evict a family member from their property. It seems that a very common misconception exists. It seems that most people think that if the family member is over the […]
Final Eviction Notice The “72 hour notice” is the last notice of eviction that a tenant will be given before an eviction is carried out by the marshal, sheriff, or constable. The 72 hour notice of eviction will basically inform the former tenant that if he or she does not vacate the premises within 72 […]
Landlord’s award of attorneys’ fees reversed on appeal. In NYC it’s not an easy task to get attorneys’ fees awarded in a landlord tenant action. Ordinarily, only a prevailing party is entitled to an award of attorneys’ fees. Thus, it is unusual to see attorneys’ fees awarded to either party when a stipulation of settlement is reached. However, the Bronx County Civil […]
A tenant who successfully defends an eviction proceeding may be entitled to attorneys’ fees pursuant to New York’s Real Property Law § 234. Landlords, if your lease provides for your recovery of attorneys’ fees, then by law, your tenant has an implied reciprocal right to recover attorneys’ fees. Real Property Law § 234 states: Whenever a lease of residential property […]
There is a plain language requirement for residential leases! N.Y. General Obligations Law § 5-702, requires residential leases to be written in plain language. As a landlord you must insure that your lease is “written in a clear and coherent manner using words with their common everyday meanings.” Additionally, your lease must be “appropriately divided and captioned by its various […]
In New York, a landlord may not evict a residential tenant without first bringing the tenant to landlord-tenant court and obtaining a judgment of possession and warrant of eviction. Attempting to evict a tenant without going to court is known as a “self-help” eviction. Residential self-help evictions are illegal in New York! Illegal evictions typically occur when […]
Is your property registered with New York City’s Department of Housing Preservation and Development? Not having your property registered could lead to a fine, dismissal of your landlord tenant eviction case, or denial of back rent owed to you by your tenant! If your property is not registered with HPD – you’re not alone! According to […]
The Role of Court Attorneys in Landlord Tenant Proceedings Court Attorneys play a significant role in landlord tenant proceedings where the Respondent is not represented by counsel. In the interest of judicial economy, landlord tenant cases are only sent before the judge for conference after settlement options have been exhausted. The Court effectuates this by requiring […]
Should you buy a property that already has a tenant? Maybe. We have represented and continue to represent many landlords and investors who purchase homes with existing tenants. In our experience, buying a property with existing tenants can be a great idea for some. The Good Many of our clients are real estate investors and have factored […]