Recently we have run into some questions regarding service in Landlord Tenant actions. Proper service of legal papers is required in order to preserve your constitutional rights. In order to dispute service of papers commencing an action, either before a default judgment is entered or after a judgment has been entered, the disputing party should appear in court on the appearance date of their contesting motion. The appearance is necessary to give direct testimony and provide the evidence necessary to win a traverse hearing. If you have questions concerning any aspect of such a challenge, feel free to call our office at (516) 858-2620!
So, you want to evict your tenant.
Is there a lease? Has it expired? Month-to-month? Rent stabilized/controlled? Legal/illegal apt? Section 8 tenant? Multiple family dwelling? Which County?…..all important questions.
Generally, you will be bringing a Non-payment or Holdover proceeding:
Lease exists, but tenant not paying
In a Non-payment action the Landlord needs to make a “rent demand” (usu. 3 day notice and can be made orally, but see what the lease says). Landlord can file the petition and notice of petition for non-payment if no rent paid by day #4. You will have to have the tenant(s) properly served with the petition and notice. Usually, if tenant pays, tenant stays!
Expired lease or month-to-month tenancy
In a Holdover action you may have to have the tenant(s) properly served with a “30 day notice to quit.” This can be tricky . You will file a holdover petition and notice of petition and have tenant properly served with same.
The above is far from complete. We are just trying to give you some insight. Hope it helps. Good luck!
Visit our Landlord-Tenant category to learn more about Landlord-Tenant issues.
As always, The Long Island Landlord-Tenant Law Firm of VAUGHN & WEBER, PLLC is here to assist you. We are conveniently located in the heart of Nassau County, Long Island, at 217 Willis Avenue in Mineola, NY 11501. Contact us at (516) 858-2620 to arrange a consultation with a Landlord-Tenant attorney.
NYC’s Worst Landlord Watch List
Before you rent your next apartment, you may want to check out Public Advocate Bill de Blasio’s new website:
Press release: “Public Advocate Bill de Blasio today unveiled a new website that exposes the landlords behind some of the city’s most dangerous and dilapidated buildings. The Public Advocate’s NYC’s Worst Landlords Watch List is the first resource allowing tenants to look up a current or potential landlord by name and see code violations for other buildings the landlord owns. The Watch List is available online at advocate.nyc.gov/landlord-watchlist.”
Visit our Landlord-Tenant category to learn more about Landlord-Tenant issues.
NYC Landlord Tenant Attorney
As always, The Landlord-Tenant Law Firm of Vaughn, Weber & Prakope, PLLC is here to assist you. Contact us at (516) 858-2620 to arrange a consultation with a Landlord-Tenant attorney.
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