Deciding between a Holdover and Nonpayment Petition

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

Recently, we have had several situations arise where clients had to determine whether they would bring a Holdover Petition or a Nonpayment Petition to evict a 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 (516) 858-2620!

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Evictions for Rent Stabilized Apartments

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

Recently there have been many questions regarding evicting tenants from rent stabilized units.  There are special procedures that need to be followed in order to evict a tenant from a rent stabilized unit.   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.

If you are a landlord trying to evict a tenant from a rent stabilized unit 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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Eviction Rules are NOT the same everywhere in NY

On June 22, 2011, in Landlord-Tenant, by John A. Weber IV, ESQ.

There has been an increasingly high volume of calls from landlords who live in one county but have rental properties in another county.  This causes issues where the landlord has one understanding of the eviction procedure for where he lives, but that procedure differs significantly from the procedure in the county in which their rental property is located.  These differences run along a wide variety of topics including whether or not the landlord should be present as the sheriff or marshal executes a warrant of eviction.  Not knowing the rules for the county in which you are planning on litigating in, can lead to penalties that range from fines to jail time.  It is always advisable to speak with an attorney before commencing legal action.  As always, feel free to contact us with any questions or concerns involving evictions in your county at (516) 858-2620!

We proudly assist residents of Long Island: Nassau county, Suffolk county, New York City: Queens, Brooklyn, Bronx, Staten Island, and Manhattan with their landlord tenant matters. Call (516) 858-2620 to arrange a FREE consultation with a Landlord Tenant attorney!

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