Landlords are in the business of renting, not evicting. No landlord wants to go to court to recover possession of a rental unit. When you have to, you will need competent, aggressive representation. The last thing any landlord wants to hear is that it is going to take more time. LandlordsLaw works to avoid the delays built into the system.
LandlordsLaw can assist in all aspects of your residential tenancy related legal needs in Brooklyn, Queens, the Bronx, Manhattan and Staten Island. Whether it is ensuring compliance with rent regulation, building codes, habitability issues, eviction or lawsuits by tenants claiming rent overcharges LandlordsLaw can help. New York is very tenant protective, particularly where the unit is rent regulated.
When it comes to tenant eviction in New York, for something other than nonpayment of rent, even in unregulated units, the landlord must bring a Holdover Proceeding, which is brought against the tenant after the lease has expired or after the lease has been terminated for a substantial breach or violation of the lease terms. The fact that these actions are generally designed to be brought after the lease has expired, indicates very strong tenant protection.
When asserting an action for eviction, there are specific notice requirements that must be strictly adhered to. Also, most tenant breaches cannot be the basis of a cause of action, until after the tenant is given an opportunity to cure the breach. If there is a defect in the notice given to the tenant, the case will likely be dismissed and have to be refiled, even while the tenant remains in violation. In some instances, the tenant may be able to remain in the unit without paying any rent.
And then there are Rent Control and Rent Regulation laws specifically designed to limit monthly rents. These laws prohibit charging market rent. This can be the source of serious consequences for landlords, because the operating costs of rental properties increase over time based upon market rates without limitation.
Because these issues may arise long after the tenant moves into the unit, possibly years later, it is best for all landlords to be proactive and seek the advice of LandlordsLaw before the tenant moves in and before the lease is signed. When a tenant must be evicted, LandlordsLaw can assist in a timely cost effective manner, without dragging the case for additional per appearance fees.
LandlordsLaw can assist in all aspects of your residential tenancy related legal needs. Whether it is ensuring compliance with rent control, building codes, habitability issues, eviction or lawsuits by tenants claiming rent overcharges LandlordsLaw can help.