Wrongful Eviction Action

On March 12, 2016, in Landlord-Tenant, Litigation, by John A. Weber IV, ESQ.

wrongful eviction

Wrongful Evictions in New York

A wrongful eviction action is defined by Black’s Law Dictionary as “a lawsuit brought by a former tenant or possessor of real property against one who has put the plaintiff out of possession, alleging that the eviction was illegal.”

A wrongful eviction action can result in the plaintiff/former occupant being restored into possession of the subject premises.  It is worth noting that when the subject premises has been re-let, the court will balance the equities between the plaintiff/former occupant vs. the rights of the new resident of the subject premises.  Wrongful evictions can be litigated in every county in New York State.

Another possible outcome of a wrongful eviction action is that the plaintiff/former occupant can be awarded punitive damages.  Often times, wrongful evictions result in economic loss such as hotel costs for the former occupant, or the loss of personal belongings that were discarded by the defendant.  In New York, treble damages may be awarded in wrongful eviction actions.

For the eviction to have been a wrongful eviction or illegal, the underlying basis or the case procedure must have an identifiable defect.  Often times, Rent Stabilization Procedures are not properly followed or tenant payments are not properly credited to the tenants account.  Self-Help adds a layer of complication but almost always fits into the category of wrongful eviction, especially in residential units.  Self-Help language in leases will be reviewed by courts when a self-help eviction issue is raised in the court.

Understanding the landlord tenant dynamic and how wrongful evictions play a roll in that dynamic can present a dilemma if you do not seek the advice of an attorney.  These complex issues are often not presented properly and the cases are often dismissed.

Eviction Attorney in New York

If you have been wrongfully evicted, please call the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620 to speak to an attorney today!

Rent Stabilized Evictions

On December 5, 2011, in Landlord-Tenant, by John A. Weber IV, ESQ.

Rent Stabilized Evictions

Recently there have been many questions regarding rent stabilized evictions.  There are special procedures that need to be followed in rent stabilized evictions.   The lease and notice requirements are just a few of the issues that differ with these special types of evictions.   Courts are definitely strict about protecting the rights of these types of tenants as well.  So it is extra important to dot all of your “i’s” and cross all of your “t’s.”  There also seems to be a lack of clarity on how to destabilize a unit, or when a unit becomes destabilized.

New York Landlord Tenant Attorneys

If you are a landlord with questions about rent stabilized evictions or a tenant trying to defend an eviction in a rent stabilized unit, call (516) 858-2620 to speak with a Landlord Tenant attorney who can help you!

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