Self-Help Eviction

On September 7, 2012, in Landlord-Tenant, by Jason Mays, Esq.

Self-Help Eviction

What is “Self-Help” Eviction?

“Self-help” evictions occur when landlords lock tenants out of their apartments because they haven’t paid rent.  Landlords may also attempt to force tenants out by moving tenants’ property, shutting off utilities, harassing tenants, or otherwise allowing rental property to become uninhabitable in retaliation for unpaid rent.

Self-help eviction is illegal in New York.  The only legal way landlords can evict tenants is by going to court.  Any other strategy may open the landlord up to liability.

Only evictions ordered by Judges are legal.  Evictions are major events, and could render entire families homeless.  While the legal eviction process might seem lengthy from the perspective of a landlord whose tenant isn’t paying rent, allowing landlords to evict tenants without court approval would leave too much room for abuse.

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The Law Firm of Vaughn, Weber & Prakope, PLLC has handled many landlord-tenant disputes.  Call 526-858-2620 today to schedule a free consultation.

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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.

 

Eviction Time Frame

On September 8, 2011, in Landlord-Tenant, by Robbie L. Vaughn, Esq.

Eviction Time Frame

Common question:

“Can you give me an eviction time frame?”

We are often asked, by both landlords and tenants, how long it takes to complete an eviction. The best answer we can give is: “The sooner the eviction process is started, the sooner it will be over.”  The are numerous things that can speed up or delay the eviction process. Right now, the Sheriffs and Marshalls, who actually execute the “warrant of eviction,” are quite backlogged. This has been adding a considerable amount of time to the eviction process. So, no one can tell you exactly how long the eviction process will take. At the moment, it is even difficult to give someone a “ballpark” time-frame for an eviction from  start to finish.

However, there are things that your attorney can do and/or suggest to speed the process up a bit and avoid further delay.

Landlord Tenant Attorney

The Law Firm of Vaughn, Weber & Prakope, PLLC proudly assists Landlords and Tenants in Nassau county (Long Island), Suffolk county (Long Island), Queens (New York) and Brooklyn (New York) with their landlord tenant matters. Call (516) 858-2620 to arrange a consultation with a Landlord Tenant attorney!

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