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 […]