Eviction Rules Fluctuate
Eviction rules fluctuate between the counties of New York State. There has been an increasingly high volume of calls from landlords who live in one county but have rental properties in another county. This causes issues where the landlord has one understanding of the eviction procedure for where he lives, but that procedure differs significantly from the procedure in the county in which their rental property is located. These differences run along a wide variety of topics including whether or not the landlord should be present as the sheriff or marshal executes a warrant of eviction. Not knowing the rules for the county in which you are planning on litigating in, can lead to penalties that range from fines to jail time. It is always advisable to speak with an attorney before commencing legal action. As always, feel free to contact us with any questions or concerns involving evictions in your county at (516) 858-2620!
Long Island Landlord Tenant Attorneys
We proudly assist residents of Long Island: Nassau county, Suffolk county, New York City: Queens, Brooklyn, Bronx, Staten Island, and Manhattan with their landlord tenant matters. Call (516) 858-2620 to arrange a FREE consultation with a Landlord Tenant attorney!
Squatter or Holdover
Figuring out if the occupant is a squatter or holdover tenant is easier than you would think. Recently we have received a lot of phone calls regarding situations where landlords are having difficulty with people in their rental properties that they have never signed a lease with. In this situation, the first thing that seems to come to the minds of most people is that they are dealing with a squatter. A quick reference is to look to the amount of time that the intruder is on the property for. If they are on the property for more than 30 days, then the easiest way to remove them from the premises is via a holdover proceeding. If the intruder is there for less time, then they may be ejected as a squatter. Often times, a holdover proceeding seems to give the landlord a more guaranteed approach to recovering their property. The tradeoff is that with a holdover proceeding, the time to evict is often a little longer.
If you have questions regarding your landlord or tenant and whether or not the situation in which you are involved should be dealt with as a holdover or ejectment, then feel free to call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620!
Serve the 3 Day Notice
Serve a 3 day notice to cure or quit on a tenant who has failed to pay their rent.
First, you should look at your lease if one exists. The landlord may be required, by the lease, to serve the 3 notice in writing.
Otherwise, in New York, a 3 day notice to quit can be given to the tenant orally. If your lease requires that the notice be in writing, then the landlord may be required to have a friend or process server serve the 3 day notice. Some counties may allow the landlord to serve the 3 day notice via certified mail.
Call (516) 858-2620 to arrange a FREE consultation with a Landlord Tenant attorney!
If you are a landlord, you will eventually need to evict a tenant. Here are some things you should have at the ready:
- money to cover the mortgage if a tenant does not pay rent for several months;
- a well written lease that provides for additional rent and attorneys fees;
- a knowledgeable landlord-tenant attorney;
- a Multiple Dwelling Registration number (if required);
- certified copy of your MDR (if required);
- your original deed or a certified copy.
The above will help speed up the eviction process.
We proudly assist residents of Long Island: Nassau county, Suffolk county, New York City: Queens, Brooklyn, Bronx, Staten Island, and Manhattan with their landlord tenant matters.
Call (516) 858-2620 to arrange a FREE Landlord Tenant consultation with an attorney!
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