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 […]

Landlord Tenant Court Attorney

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 […]

Tenant Already in Property

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 […]