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Whether you are a landlord or a tenant, our office is able to provide experienced representation in maneuvering through the technical world of landlord tenant court. Our attorneys have extensive experience in litigating all types of residential and commercial nonpayment and holdover actions.
We fully appreciate both the landlord and tenant side of landlord-tenant litigation. One of our attorneys represented tenants exclusively for four years before moving to private practice while another focused primarily on landlord representation. We believe that this experience gives us the added advantage of knowing how the the opposing counsels in any given case will behave. Whether we are representing a landlord or a tenant, our approach is always the same: deliver the quickest and best resolution to satisfy the client.
Most tenants and landlords call us and ask a basic question – ‘How do I stop an eviction or start an eviction of a tenant?’ In NY the answer to question depends on the the type of case that is being started.
Below you will find more details about the different types of cases a landlord can start against tenants such as a (1) non-payment or a (2) holdover, and special requirements when dealing with (3) rent stabilized units.
WHAT IS A NON-PAYMENT PROCEEDING?
A non-payment proceeding is a summary proceeding that allows a landlord to seek rent that a tenant has defaulted on. The parties’ lease agreement continues unless a final judgement of possession entered and warrant of eviction issued.
The requirements for a landlord to start a non-payment case against a tenant are defined under RPAPL §711(2) which says that:
1. The occupant is a tenant.
2. There is a lease agreement.
3. The occupant has defaulted (missed) on rent payments.
3. A written notice has been sent via certified mail after 5 days of nonreceipt of rent.
4. A 14-day written demand for rent has been served.
The illustration below shows the different ways that a landlord who starts a non-payment case can evict a tenant and also how a tenant can have the non-payment case dismissed in the tenant’s favor.
WHAT IS A HOLDOVER PROCEEDING?
A holdover proceeding is a summary proceeding that allows a landlord to evict an occupant (may be a tenant, subtenant, or licensee) upon the expiration of the occupant’s right to occupy the premises.
The requirements to bring a holdover proceeding in landlord are defined under RPAPL §711(1), 713, 715 which say that:
1. The occupant is a tenant.
2. The occupant is in possession of real property.
3. The occupant has occupied the premises past the expiration of their term.
Also, other common holdover proceedings may be brought under RPAPL §713:
1. The occupant is a licensee.
2. The occupant is a squatter.
3. After the termination of a lease agreement.
The illustration below shows the different ways that a landlord who starts a holdover case can evict a tenant and also how a tenant can have the holdover case dismissed in the tenant’s favor.
CAN RENT-STABILIZED TENANTS BE EVICTED?
Rent-stabilized units are subject to the Rent Stabilization Code. Tenancy of occupants in a rent-stabilized may be terminated in the following instances:
1. The tenant is not using the unit as their primary residency.
2. The tenant does not occupy the residency.
3. The owner intends to use the unit for his or her-self or an immediate family member.
4. Recovery of the apartment for a not-for-profit institution. 5. Tenant is creating a nuisance
6. Tenant is delinquent in rent payment
EVICTION OF A TENANT
After a Judgment of possession and a Warrant of eviction are issued by a Judge to the landlord, a Marshal (in NYC) or Sheriff (LI) is typically hired in case the tenant does not voluntarily move out. The marshal/Sheriff submits a “Request for Final Order” to the Court Clerk who then issues a Warrant.
When the time expires set forth in either the stipulation or immediately after a default judgement is granted, a warrant of eviction must be served upon the tenant. The earliest an eviction can take place is 14 days after the date of service.