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Eviction Attorney in New York How can a Tenant be evicted in NYC

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Eviction Attorney in New York How can a Tenant be evicted in NYC

How can a Tenant be evicted in NYC

Sometimes, the process of evicting a tenant is quite simple- all that the landlord must do is carry out an eviction. That is, they just need to direct the tenant and ask them to leave the property and before doing so, settle any payments that are due in adherence to the lease’s terms. After both parties agree that some form of violation of the occurred, it is easy to resolve the matter efficiently. In case the eviction’s grounds are challenged by the tenant, the case may seem quite complex. In such scenarios, there is often a need to approach the court in order to obtain a possessory judgment- this is nothing but an award by the judge regarding the landlord possessing the premises, which allows them to complete the eviction.

In what circumstances can a tenant be evicted by a landlord?

Based on the landlord tenant law, a tenant can be directed to leave the premises by a landlord on a few grounds, including in relation to a holdover as well as the rent’s non-payment by the tenant.

Non-Payment

This is a case wherein the tenant does not pay their rent for several months. If Non-payment disputes are not settled efficiently, the landlord may choose to send an eviction notice to the tenant.

Holdover

In the case of a holdover, the landlord has reason to believe that there was some form of violation of the lease, which is not related to non-payment. Usually, such cases are related to violations of lease wherein there are more people residing within the property than is permitted in the conditions stipulated the lease, apart from the following reasons:

  • Partaking in activities that create nuisance for other tenants
  • Staying past the lease’s expiration
  • subletting without seeking permission
  • Possessing pet or appliance without authorization

In NYC, Eviction Attorney for Landlord and Tenant Fighting Your Cases in a Dispute Related to an Eviction

Legal disputes can be handled in several ways, when it comes to eviction. According to the perspective of the tenant, the objective is to demonstrate that there are no legal grounds for the landlord to evict them or even that discrimination is playing a part in the eviction process. A very effective method is to go with the Yellowstone injunction, which is a popular legal remedy used to pause the proceedings of an eviction to allow the tenant to fulfil the conditions mentioned within a Notice to Cure.

According to the perspective of the landlord, the aim is to showcase that the lease’s terms were violated by the tenant and that there is legal basis to enforce an eviction. In case assistance is required to evict in New York City, you must recruit an attorney. Regardless of which party you are in a dispute, a landlord tenant lawyer NYC from The Rozhik Law Firm PLLC will be more than willing to fight your case.

In New York, Eviction Attorney Representing Landlords of Commercial and Residential Entities

Our attorneys represent those who own residential entities as well as commercial properties, along with those who own co-ops as well as condos, and manage apartment buildings. We understand that each lease in unique. However, we recommend acting quickly in order to administer your rights. Our attorneys have significant experience with respect to the fundamental procedures pertaining to:

  • Proceedings related to nonpayment of rent — A rent’s demand must be submitted, notice must be served, and a judgment must be obtained
  • Settlements — Payments that are partial or terms related to installment, or any other resolutions outside the court
  • Initiation of eviction proceedings — Seeking an order for eviction and, if required, making arrangements for removing forcibly
  • Holdover actions — For violation of lease, evictions even if rent is paid
  • Demands of rent
  • Notices after three days, five days, along with 10 days
  • Initiation of eviction proceedings — Seeking an order for eviction and, if required, making arrangements for removing forcibly
  • Claims of abatement
  • Claims of constructive eviction
  • Holdover actions — Evicting due to expiration of lease or its violation, even when the payment for rent is made
  • Plenary action — After eviction, pursuing any rent that is still due as well as claims combined with actions following the eviction of the tenant
  • Supreme Court – Involves post-eviction, injunction, acceleration, ejectment, and guarantors

The Best Eviction Attorney in New York, Rozhik Law Firm

Losing even a month’s rent because of non-payment by a tenant can prove to be costly for the landlord. The lawyers in our firm act quickly when it comes to obtaining arrears as well as evicting tenants for non-payments. For instance, after the commencement of eviction, it is significant to understand when is the time to accept payments- fully or partially- and how the tenant can be stopped from dragging out the proceedings in the court.

 

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