Landlord Tenant Attorney - Long Island, New York City, Westchester
Owning rental property in New York can sometimes be frustrating, especially when your tenant stops paying the rent or otherwise violates the terms of the lease. This can be especially true for New York City landlords who are subject to numerous provisions that are favorable to tenants and which can subject landlords to fines imposed against them in favor of the tenant and which may even require that they pay the prevailing tenant's attorneys fees and court costs as well.
Eric Habib, an experienced and knowledgeable landlord tenant attorney, helps guide New York property owners through the laws and procedures applicable to New York landlords, including the laws that relate to the eviction process and as to the steps needed to enforce the owner's legal rights against the tenant.
In landlord tenant proceedings, it is important to understand that the pleadings and other papers filed in landlord / tenant cases are examined extremely closely, and cases are frequently dismissed for minor technical flaws. Because of the technical legal labyrinth that surrounds landlord / tenant cases, and the stringent standards applied to the landlord / tenant documents by the courts, often even experienced landlords, and lawyers who do not generally handle landlord / tenant cases, have their cases thrown out on the trial date. For this reason, landlords seeking to evict tenants should seek the advice of an experienced landlord tenant attorney.
In landlord / tenant cases, tenants brought into court by their landlords face the probability of being removed from their homes in a matter of weeks or months. Over ninety percent of landlord / tenant cases involve the eviction of tenants, mainly for non-payment of rent. When opposing an eviction, the legal requirements are perplexed. A defense for failing to pay the rent will not be provided to a tenant being evicted for nonpayment of rent, loss of job or illness. The fact that the property has been their home for years and that they do not want to leave, is not a defense to the eviction of a tenant for holding over after the end of a lease. Based upon the landlord’s behavior, the time and the contents of papers filed by the landlord, etc., there are many possible defenses to an eviction. A tenant wishing to oppose an eviction should seek the advice of a landlord tenant attorney. Tenants may qualify for legal help and should inquire at the court, if they have limited financial means.
Two types of actions are commenced in landlord / tenant court. An action that seeks a money judgment against the tenant for unpaid rent is a Non-Payment proceeding. If the landlord succeeds in obtaining a judgment and it is not satisfied by a certain date, the landlord will have the right to evict the tenant. On the other hand, a Holdover proceeding is an action that seeks the removal of a tenant, whether or not the rent is paid. It will include a request for money judgment for unpaid rent, but the goal will remain to have the tenant removed.
There are a host of statutes and agencies that regulate the tenancy even though the lease agreement is important. A landlord tenant attorney can help understand the rent regulation that can set the maximum legal rent for a particular apartment and further limit rent increases, reduction of services, and the right to terminate a tenancy. Most of the pre-printed lease forms sold in New York have traps which only become known at the time of eviction for off-guard landlords (and tenants).
Attorneys fees and other costs are generally unavailable in landlord / tenant cases. If a written lease provides in very specific language that these items are available in the eviction, in addition to regular rent, landlords will always want to recoup their attorney fees and be awarded late fees or utility bills. In New York, most pre-printed leases used do not have the necessary language. At times, these costs may be pursued in a separate court case, after the landlord / tenant case is concluded.
The laws of New York State require a landlord to adhere to the strict process service requirements and to provide a tenant in default of rent payments with certain notices before the landlord / tenant case can begin. Trying to handle the matter on one’s own, or by hiring a realty company or anyone else other than an actual landlord tenant attorney may be a risk of dismissing the landlord / tenant case. As a result, the tenants remain without paying rent for months. A landlord tenant attorney can even help recoup the landlord’s back rent and fees by collecting on the judgment. Landlords need a landlord tenant attorney who will not compound the problem with unnecessary delays or expenses. For this reason, immediate action is the priority.
For both residential and commercial landlords, landlord tenant attorney Eric Habib will handle proceedings for property located in Nassau, Suffolk and Westchester counties as well as the five boroughs of New York City, namely Queens, Brooklyn, Manhattan, Bronx and Staten Island.
The Law Office of Eric Habib is experienced and knowledgeable with regard to handling landlord / tenant disputes. We can assist you with the following:
- Advise you as to the requirements imposed by law on New York Landlords.
- Negotiate a strong Lease with a Residential or Commercial Tenant.
- Make sure your Lease Forms comply with local law.
- Prepare the appropriate 5 Day, 10 Day, 15 Day or 30 Day notice for termination of the occupancy rights of a Tenant who fails to follow the rules.
- Move aggressively on your behalf against the "Street Smart" Tenant who may know all of the opportunities that the court system often allows a tenant to use to delay the completion of the case.
Landlord tenant attorney Eric Habib can assist you in efficiently completing all of your legal requirements. We understand that you have to worry about your bottom line. That is why, in most cases, we can charge on a flat fee basis so our landlord clients have no worries about hidden fees. Call the Law Office of Eric Habib to schedule a free no-obligation confidential case review.
