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!

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.

 

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. This website is Attorney Advertising. It does not form an attorney-client relationship. We are a debt relief agency and a law firm that helps people file for bankruptcy relief under the U.S. Bankruptcy Code – Title 11. Prior results do not guarantee a similar outcome. Proudly assisting residents of Long Island, Nassau county, Suffolk county, New York City, Queens, Brooklyn, Bronx, Staten Island, Manhattan