Landlord Pays Tenant’s Moving and Storage Costs

On April 30, 2011, in Landlord-Tenant, by Robbie L. Vaughn, Esq.

You, as the landlord, might have to pay to move and store your evicted tenant’s belongings. This can be extremely expensive (we are talking about thousands of dollars here).

The good news:

  • Not all NY counties require the landlord to pay for the moving and storage of an evicted tenant’s belongings.

The bad news:

If your county requires the landlord to move and store an evicted tenant’s belongings:

  • You will likely have to hire a licensed and insured moving company.
  • You will likely have to pay for storage at a commercial facility.

We proudly assist residents of Long Island (Nassau county, Suffolk county) and New York City (Queens, Brooklyn, Bronx, Staten Island, Manhattan) with their landlord tenant matters. We are conveniently located in the heart of Nassau County, Long Island, at 393 Jericho Tpke., Ste. 208, Mineola, NY 11501.

Call (516) 858-2620 to arrange a FREE landlord tenant consultation with an attorney!

Challenging Service in Landlord Tenant Matters

On February 25, 2011, in Landlord-Tenant, by John A. Weber IV, ESQ.

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!

I want to evict my tenant!

On January 3, 2011, in Landlord-Tenant, by Robbie L. Vaughn, Esq.

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

On June 16, 2010, in Bankruptcy, Landlord-Tenant, by Robbie L. Vaughn, Esq.

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.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. This website is Attorney Advertising. It does not form an attorney-client relationship. We are a debt relief agency and a law firm that helps people file for bankruptcy relief under the U.S. Bankruptcy Code – Title 11. Prior results do not guarantee a similar outcome. Proudly assisting residents of Long Island, Nassau county, Suffolk county, New York City, Queens, Brooklyn, Bronx, Staten Island, Manhattan