Nassau County Evictions

On August 7, 2014, in Landlord-Tenant, by John A. Weber IV, ESQ.

nassauNassau County Evictions

Knowing the venue where you are litigating your eviction is vital in several ways including the cost of the action.  Nassau County in particular can be very costly due to some local town codes.  In Nassau County, the Sheriff requires the landlord to pay for the moving expenses and first month’s storage charges for the tenant’s belongings.  The reason for this cost is that Nassau County and the municipalities and townships inside Nassau County have ordinances and codes in place to protect the public health and welfare in their municipalities or towns.  These town codes prevent garbage and discarded property from being left curbside.  Faced with the dilemma of figuring out how to execute the warrant of eviction for landlords without leaving the tenant’s belongings curbside, the Sheriff decided to employ the services of a moving company to remove the tenants belongings and acquire a storage unit to hold such belongings.  It is the responsibility of the Sheriff to ensure that the municipality collects these funds and does not take a financial loss.  The Sheriff therefore demands that the landlord pay the moving and storage expense upfront.  For more information regarding this aspect of Nassau County eviction proceedings, read the decision of

As always, if you have any questions or concerns regarding the moving and storage expenses associated with an eviction proceeding, call (516) 858-2620 to speak with an eviction attorney today!

Eviction for Criminal Drug Activity

On April 29, 2014, in Criminal, Landlord-Tenant, by John A. Weber IV, ESQ.

Eviction of a tenant for criminal drug activity

A very interesting decision came down on April 11, 2014 regarding the eviction of a tenant for criminal drug activity.  The Appellate Term ruled that in order to evict a tenant for criminal drug activity, the tenant’s possession of illegal drugs is not enough.  The landlord must also be able to prove the tenant’s intent was to use the drugs in a criminal manner.  The crime of possession is not insufficient for this purpose, Los Tres Unidos Associates, LP v. Angel Mercado, “John Doe” and/or “Jane Doe” 2014 WL 1408540.

This is important for landlords to understand.  A distinction must be made between the landlord’s knowledge of a tenant’s possession drugs and a tenant selling drugs or using drugs in a manner that is considered a criminal drug activity.  This may save a landlord the time and money for bringing a Holdover Proceeding that cannot succeed.  If you insist on moving forward with such a Holdover Proceeding, be ready to prove the tenant’s intent to engage in criminal activity with regards to the drugs.

As always, if you have questions about evicting a tenant, call (516) 858-2620 to speak to a landlord tenant attorney that can assist you!

Deciding between a Holdover and Nonpayment Petition

On January 5, 2012, in Landlord-Tenant, by John A. Weber IV, ESQ.

Holdover vs. Nonpayment Evictions

Deciding between holdover and nonpayment evictions.

Recently, we have had several situations arise where clients had to determine whether they would bring a Holdover vs. Nonpayment eviction against the tenant.  Now it is true that in most situations, there is really no choice.  The facts of the specific case dictate that there is only one option available.  It is not correct however to assume that there are never situations where a choice exists.  The final decision needs to be the result of strategic planning between attorney and client.

The one constant that must be taken into account when determining which type of action you will ultimately bring is the desired outcome.  The attorney’s job is to take the specific facts of the case and develop the plan to achieve the desired outcome.  Together, the attorney client team decides on the type of action to bring.   Together, they have taken into consideration the ultimate goals of the landlord, the governing laws, the trends of the court rulings, and the facts of the case.

As always, if you are having trouble deciding which type of action to bring, call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620!

Familial Exception to Evictions

On December 8, 2011, in Landlord-Tenant, by John A. Weber IV, ESQ.

Familial Exception to Evictions

Familial Exception to Evictions

Although unfortunate, there are many situations where a person may wish to evict a family member from their property.  It seems that a very common misconception exists.  It seems that most people think that if the family member is over the age of 21, they can be evicted by simple summary proceedings.  This is not the case at all.  These special cases fall under what is known in New York as the Familial Exceptions to Evictions by Summary Proceedings.  This familial exception to evictions applies to designated types of relationships which have developed over time through case law.  If the type of relative that you are attempting to evict falls within these exceptions, the eviction process changes entirely.  It is important to be aware of the familial exception to evictions before an action is commenced to avoid unnecessary delays and costs.  As always, the best way to avoid these pitfalls is to consult with an attorney before proceeding.

Landlord Tenant Attorneys in Mineola

Please feel free to call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 to speak with a Landlord Tenant Attorney.

 

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