One of our firm’s concentrations is Landlord-Tenant Law where we represent both Tenants and Landlords in various litigation in both the Landlord-Tenant Court and the New York Supreme Court. Landlord -Tenant Litigation allows an individual or business to resolve disputes pertaining to leased or rented property; often the issues are critical and pertain to eviction and/or collection of significant amounts of past due rent; because the determination is important to both parties, whenever possible Landlord-Tenant Litigation should be dealt with by an experienced attorney. The cases handled in Landlord-Tenant Court deal with rented and/or leased property and can affect important interests. The cases can range from disputes over the following:
1. Traditional and non-traditional residential rental agreements – Landlord-Tenant matters are common for traditional leases for rented apartments, rooms, or houses or other rented residential spaces under a traditional signed agreements; but they are also common for non-traditional situations like rented rooms, basements, and other accommodations, some of which are month to month and do not have a formal lease and some which may not be legal under town or local ordinances but still fall under the jurisdiction of the landlord tenant court.
2. Hold-overs tenants from foreclosures sales – The last step in a foreclosure case is a foreclosure auction and sale where the defendant’s distressed real estate is auctioned and sold to the highest bidder on the court house steps. After such a foreclosure sale the former owner loses ownership over the property and becomes regarded as a “holdover tenant”. A holdover tenant does not have many legal rights. to remain at the property and is eventually forced to vacate after the high bidder at the foreclosure sale starts an eviction action to evict the holdover tenant. But at the end of the foreclosure process if a clients home was sold at a foreclosure sale, the former home owner is not required to immediately leave but is legally considered to be a “holdover tenant” and subject to an eviction proceeding in Landlord-Tenant Court which can started by the buyer of the property at the foreclosure sale who is now considered to be the owner. Often the mortgage holder itself becomes the owner of the property after the foreclosure sale if there are insufficient bids at the foreclosure sale which is usually an auction sale held at a local courthouse. The buyer as the new owner can obtain a warrant of eviction in Landlord-Tenant Court which would force an eviction unless there is meritorious opposition based on technical, substantive and equitable reasons.
Role Of Real Estate Attorney In Landlord And Tenant Dispute
3. Cooperative apartment litigation – these are usually actions to evict by Coop Board since this form of apartment is not owned like a condominium apartment where tenants hold a deed; here tenants own shares and lease their units under a proprietary lease;
4. Commercial rental space – Commercial rental space unlike residential rental space is occupied by a business as opposed to individual persons. Therefore, the Courts are harsher to a commercial litigant, to both the landlord and the tenant, where there is the assumption of sophistication by the business entity, a lack of personal safety issues issues involved and there is usually more monetarily lost or gained through delay. Where the expectations of are not many for possible resolutions to a commercial lease dispute, they are difficult to defend and litigate, except where we have good reasons and proof. Most commercial cases involve a corporate tenant as well as a corporate landlord and often there is a question as to whether the landlord can mitigate damages (although he is not required to do so) and the extent of personal liability for the principal of the corporate tenant under a personal guarantee which may be conditionally limited by a “good guy clause”.
5. Issues Litigated in Landlord Tenant Court – Most issues involving leases are litigated in the Landlord Tenant Court. The big exceptions where a stay is sought, the state supreme court is the place to go. Also where a bankruptcy case or a matrimonial case is involved the matter goes to the specific court designed to deal with such matters. Finally in a lease dispute there may be a mediation or arbitration and/or jurisdictional clause in the contract. Issues can be more involved than just rent collection or evictions and can involved building violations, issues regarding lack of building services and/or issues regarding lease compliance other than rent payment like nuisance and/or habitability or constructive eviction issues.
Oregon Landlord Tenant Lawyer
Housing Court actions are handled in the Landlord-Tenant Parts of the District Courts in Nassau and Suffolk Counties and in the Housing Part of the Civil courts in NYC, Bronx, Brooklyn, Queens and Staten Island. There is one District Court in Nassau County and six District Courts in Suffolk County. The location of the property determines where the court case will be heard. A court action is commenced when the owner and/or landlord of the property files a Petition. If you are served with a Petition, you will have a limited time, generally 20-30 days to file either an Answer, asserting all of your defenses and any counterclaims or a Motion to Dismiss. The failure to timely file an Answer or Motion to Dismiss, would impair your ability to defend the action as the Court could deem these defenses to have been waived.
The attorneys at the Office of Ronald D. Weiss have experience handling the following types of housing court matters: non-payment of rent; holdover/eviction actions; cooperative eviction actions for breach of proprietary lease, bylaws or house rules; nuisance eviction actions; harassment actions, actions for correction of housing code violations, and actions regarding alleged breaches of commercial leases. In the context of commercial lease violations, an emergency application for a Yellowstone injunction must be filed in the Supreme Court to stay the cure period when the lessee is served with a Notice to Cure. The window period to obtain a Yellowstone injunction is extremely brief, and requires immediate action.
Before starting an action the Landlord must decide if they are primarily interested in the tenant being evicted as opposed to collection of rent. If the goal is collection of rent the proceeding is considered a “non-payment action.” Prior to the commencement of a Non-Payment action, the Landlord must demand the rent by serving a 14 Day Written Demand. In addition, the Landlord must send a letter by certified mail informing the tenant of a tenant’s default in paying the rent after the rent is overdue by 5 days. The failure of the Landlord to serve these notices and the failure to serve them in the correct manner are grounds for the dismissal of a non-payment action.
When Should A Landlord Hire A Lawyer?
If the Landlord is trying to get possession of the premises, it is called a “holdover action.” The type of Notice required depends upon the basis for the Holdover action. A Holdover action is usually commenced due to one of the following: expiration of term of the lease; post-foreclosure; or violation of cooperative Proprietary Lease, By Laws or House Rules.
If the term of the lease has expired, the Landlord must serve either a 30 Day, 60 Day or 90 Day Notice. The period of time for the Notice depends upon the term of the expired lease and the length of the occupancy of the subject premises. If the tenant has lived at the premises less than one year, the landlord must provide at least 30 days’ notice. If the tenant has lived t the premises more than one year but less than two years, the landlord must provide at least 60 days notice. It the tenant has lived there more than tow years, the landlord must provide at least 90 days’ notice.
When the new owner of a property purchased at a foreclosure sale, wants to evict the occupants of the property, the new owner must first serve a 10 Day Notice to Quit with a certified copy of the Referee’s Deed. In addition, when the premises is occupied by a tenant of the former owner, the tenant must be served with a 90 Day Notice. These Notices must be served either personally, by service on a person of suitable age and discretion or by nail and mail. If a Notice is just left on a doorstep, this is improper service and would serve as the basis for a motion to dismiss the holdover action.
The California Landlord's Law Book
In Landlord-Tenant Court, the document that commences the action is the Petition. The Petitioner is usually the owner or landlord of the property and the Respondent is generally the tenant or occupant of the premises. The Petitioner needs to serve all adults living at the property. When the Petitioner does not know the name(s) of the occupants, they can be referred to as “John Doe” or “Jane Doe”. If any court papers are received at the premises, an attorney should be consulted and immediately retained as either an Answer or a Motion to Dismiss should be filed.
The Housing Court actions are either Non-payment or Holdover actions. A Non-Payment action seeks rent arrears and could result in
If the Landlord is trying to get possession of the premises, it is called a “holdover action.” The type of Notice required depends upon the basis for the Holdover action. A Holdover action is usually commenced due to one of the following: expiration of term of the lease; post-foreclosure; or violation of cooperative Proprietary Lease, By Laws or House Rules.
If the term of the lease has expired, the Landlord must serve either a 30 Day, 60 Day or 90 Day Notice. The period of time for the Notice depends upon the term of the expired lease and the length of the occupancy of the subject premises. If the tenant has lived at the premises less than one year, the landlord must provide at least 30 days’ notice. If the tenant has lived t the premises more than one year but less than two years, the landlord must provide at least 60 days notice. It the tenant has lived there more than tow years, the landlord must provide at least 90 days’ notice.
When the new owner of a property purchased at a foreclosure sale, wants to evict the occupants of the property, the new owner must first serve a 10 Day Notice to Quit with a certified copy of the Referee’s Deed. In addition, when the premises is occupied by a tenant of the former owner, the tenant must be served with a 90 Day Notice. These Notices must be served either personally, by service on a person of suitable age and discretion or by nail and mail. If a Notice is just left on a doorstep, this is improper service and would serve as the basis for a motion to dismiss the holdover action.
The California Landlord's Law Book
In Landlord-Tenant Court, the document that commences the action is the Petition. The Petitioner is usually the owner or landlord of the property and the Respondent is generally the tenant or occupant of the premises. The Petitioner needs to serve all adults living at the property. When the Petitioner does not know the name(s) of the occupants, they can be referred to as “John Doe” or “Jane Doe”. If any court papers are received at the premises, an attorney should be consulted and immediately retained as either an Answer or a Motion to Dismiss should be filed.
The Housing Court actions are either Non-payment or Holdover actions. A Non-Payment action seeks rent arrears and could result in
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