Standing to Evict Tenant

Landlord Tenant Court Standing Standing is an affirmative defense that finds its way into many Answers in Landlord Tenant Court.  Standing refers to the right of the petitioner/landlord to bring the case in the first place.  The quick rule of thumb to decipher whether or not a petitioner has Standing is if the petitioner appears […]

landlord tenant attorneys' fees

Tenant Loses Rent-stabilized Apartment

First Avenue Equities LLC v. Yael Doron, James Bradford Winslow, John Doe, Jane Doe (2014) A NY landlord successfully brought a holdover proceeding against a tenant with dual citizenship who was occupying a rent-stabilized apartment.   The court concluded that the tenant, who was a dual American and Israeli citizen,  did not primarily reside in the rent-stabilized apartment.  The tenant lived […]

Costly Nassau County Evictions

It is very important to know the venue where you are litigating your eviction.  Several factors can change between venues, including the cost of the action.  Nassau County in particular can be very costly due to some local town codes.  In Nassau County, the Sheriff requires the landlord to pay for the moving expenses and […]

evicting a family member

Evicting a Family Member

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 […]

72 hour eviction notice

72 Hour Eviction Notice

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 tenant attorneys' fees

Landlord Wins Then Loses Attorneys’ Fees

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 […]

Landlord tenant attorneys' fees

Tenant recovery of attorneys’ fees

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 […]

Lease Must be in Plain Language

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 […]

illegal eviction

illegal Eviction

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 […]

Rental Property Registration

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 […]