Holdover vs. Nonpayment Evictions
Deciding between holdover and nonpayment evictions.
Recently, we have had several situations arise where clients had to determine whether they would bring a Holdover vs. Nonpayment eviction against the tenant. Now it is true that in most situations, there is really no choice. The facts of the specific case dictate that there is only one option available. It is not correct however to assume that there are never situations where a choice exists. The final decision needs to be the result of strategic planning between attorney and client.
The one constant that must be taken into account when determining which type of action you will ultimately bring is the desired outcome. The attorney’s job is to take the specific facts of the case and develop the plan to achieve the desired outcome. Together, the attorney client team decides on the type of action to bring. Together, they have taken into consideration the ultimate goals of the landlord, the governing laws, the trends of the court rulings, and the facts of the case.
As always, if you are having trouble deciding which type of action to bring, call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620!
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!
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!
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