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!
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!
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. These exceptions apply 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 these exceptions 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. Please feel free to call (516) 858-2620 to speak with a Landlord Tenant Attorney.
The Law Firm of VAUGHN & WEBER, PLLC is here to assist you. We are conveniently located in the heart of Nassau County, Long Island, at 393 Jericho Tpke., #208, in Mineola, NY. Contact us at (516) 858-2620 to arrange a consultation.
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