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.
Tenant Files Bankruptcy
What happens if my tenant files bankruptcy?
Back Rent
If the tenant owed back rent and filed for chapter 7 bankruptcy, that debt is now likely discharged. This means that you will never be able to collect the rent that was owed to you at the time the tenant filed for bankruptcy. The tenant can voluntarily pay you, but you can not attempt to collect that past due rent while the automatic stay is in effect or after the debt is discharged. Such attempts would be either a stay or discharge violation.
Eviction
If you were in the process of evicting your tenant when they filed for bankruptcy, that eviction action is now likely stayed. This means that you will have to make a “lift stay” motion and have it granted by a Bankruptcy Court Judge in order to continue with the eviction in Landlord-Tenant court. However, under certain specific circumstances you will be allowed to continue with the eviction despite your tenant having filed for bankruptcy.
Long Island Landlord Tenant Attorney
As always, the Law Firm of Vaughn, Weber & Prakope, PLLC is here to assist you. Call (516) 858-2620 to arrange a FREE consultation with a Landlord Tenant attorney!
Please visit our Bankruptcy category to learn more about filing chapter 7 or 13 bankruptcy.
Many tenants are finding out that the property they are renting has been foreclosed on. As I stated in an earlier post, NY foreclosure law now requires that tenants residing in foreclosed properties receive written notification of the change in ownership of the property. The law also requires that the tenant be allowed to remain in the foreclosed home for the remainder of their lease term or 90 days, whichever is longer.
Hopefully, you have a lease that was executed prior to the start of the foreclosure action and can find suitable housing for you and your family before your lease expires. If you do not have a lease, then you will only have 90 days to pack up and move your loved ones and all of your belongings. After that, the new owner, which often times is the foreclosing lender, will seek to evict you.
If you are facing this type of eviction or any other type of eviction, we may be able to stop the eviction and get you additional time to move, etc. We were recently able to stop a foreclosing lender from forcing a family of seven (7) out onto the street.
Long Island Landlord Tenant Attorney
As always, the 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 and Foreclosure Defense Lawyer.
So, you have had it with your tenant and want them out. Evicting a tenant can be a tricky and lengthy process.
The following is very general overview of the eviction process*:
1. Determine the status of the person occupying the premises (i.e. tenant);
2.Determine what grounds you have to evict (i.e. breach of lease terms);
3. Determine the type of action you can bring (i.e. non-payment);
4. Determine what notice must legally be given to the occupant (i.e. 3 days);
5. Give the occupant the appropriate notice in the appropriate manner;
6. File the appropriate petition in the appropriate court;
7. Have the tenant appropriately “served”;
8. File proof of service with the court;
9. Wait for tenant to answer or default;
10. Go to court!
*The above is merely an overview of the eviction process. Additional or different steps may be required to evict a particular tenant.
If you are having trouble evicting a tenant we may be able to help you evict them so that you can re-let your apartment, sell your home, etc. We were recently successful in using the landlord-tenant court to get a tenant, that had not paid rent for over eight (8) months, out of a landlord’s apartment building in a matter of days.
Nassu County Eviction Attorney
As always, the Law Firm of Vaughn, Weber & Prakope, PLLC is here to assist you. We are conveniently located in the heart of Nassau County, Long Island.
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!
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