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!
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!
Recently our office has been receiving an increased number of calls from Landlords seeking to evict tenants and who have started the process themselves. There are however issues that arise when the eviction process is started without the guidance of an attorney. First of all, there are certain guidelines that have to be followed regarding the time of notice given. Rules pertaining to service of this notice are also not the same in every county. If the service of such notice is untimely, the Landlord will be forced to start over.
Another issue is the language necessary for such notice to be valid. Omitting necessary language can lead to delays in the eviction process as well. Again, having some insight as to the requirements in each specific county will help.
There are several other issues that I choose not to bore you all with. The number one reason Landlords have told us that they chose to try to do their own Notice, was to save money on legal fees. In all honesty, the 30-day Notice is not a large portion of a fee for an eviction. It is certainly not worth the cost to the Landlord that delaying the eviction will cause. As with a lot of legal documents, this Notice can be done on your own. But, it will cost more in the long-run if you do it incorrectly and it needs to be fixed. Therefore, I strongly advise all Landlords to employ the services of an attorney to prepare and serve these documents to ensure their accuracy and compliance with all applicable statutes. As always, if you have any questions, feel free to contact our office at (516) 858-2620!
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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