Evicting a tenant is time-consuming and takes precise attention to the New York landlord-tenant statutes, which is why you need an experienced attorney to represent you. At the Murtha Law Firm, LLC, we have many years of experience in working with landlords to resolve tenant issues.
Full Answer
What happens if a landlord evictions a tenant without an attorney?
Apr 19, 2019 · Having an attorney handle the eviction can ensure that your tenant receives proper notice. It also means you have someone else to serve as an intermediary between you and the soon-to-be former tenant. In many situations, you may have to completely cut off communication with the tenants other than at the day of court for the eviction proceedings.
How to evict a tenant successfully?
You can actually save money hiring an eviction lawyer because we can reduce the time your unit is occupied by a bad tenant. As it says on our home page : “The average uncontested eviction handled by our company results in a vacant property 29 days after the service of the summons.
Where can I find a lawyer to evict someone from my house?
Jan 05, 2017 · And when it comes to eviction, you better pay attention to your lawyer’s recommendations because it will save you the hassle in the long run. The nuts and bolts of eviction The legal system further drives home the point that it will be a hassle to evict a tenant without a due fight.
Can I evict someone with a power of attorney?
Jun 26, 2020 · If you feel a landlord discriminated against you, fighting the eviction makes sense. Also, if the landlord retaliates against you when you’ve exercised your legal right as a tenant, you should pursue legal protection. Hiring a lawyer gives …
Can I do an eviction without a lawyer?
Eviction is a legal process that must be conducted via the courts and requires an attorney. A landlord cannot evict a tenant without going through due process of law. Assuming there is a written lease agreement in place, a breach of the conditions of the lease might lead a landlord to want to cancel the lease.Feb 22, 2019
What does an eviction lawyer do?
A lawyer will be able to assist in checking whether the eviction process is handled legally by the landlord or property owner. For instance, if they are trying to evict you without a court order, this is a criminal offence where the landlord can be fined or even imprisoned.Jan 16, 2018
Can a landlord evict you without a court order?
No-one can be evicted without an order of a court. ... The law does not permit arbitrary evictions. This means that before you are evicted there must be a court order. A court must consider how the eviction will affect the people who will be evicted and evictions cannot be done without good reasons.Apr 26, 2018
Can you evict someone during Covid in NY?
NYS Tenant Safe Harbor Act (TSHA)—Tenants who can prove they had financial hardship during the State COVID-19 emergency period (March 7, 2020 to June 24, 2021) may have a defense in court to eviction for non-payment of rent owed during that period, under the NYS Tenant Safe Harbor Act.Jan 12, 2022
What is an attorney called?
A lawyer (also called attorney, counsel, or counselor) is a licensed professional who advises and represents others in legal matters. Today's lawyer can be young or old, male or female.Sep 10, 2019
Is legal representation allowed at the Rental Housing Tribunal?
The Rental Housing Tribunal is a body consisting of five members created by the Rental Housing Act which deals with disputes between a lessee and a lessor. Legal Representation is allowed in at the Rental Housing Tribunal.
Can you evict a tenant for not paying rent?
Late or non-payment of rental is a breach of lease, but you need to follow the proper procedures to put the tenant to terms or evict – DIY eviction of a tenant is not just frowned upon, it's illegal.
How long does a eviction order take?
It can take between six weeks and 18 months to obtain an eviction order, depending on whether the eviction is unopposed or opposed. Rental insurance products commonly include cover for legal fees.Aug 24, 2016
Can a landlord just kick you out?
The notice period given by your landlord can not be shorter than the one provided in the lease agreement. It normally ranges from 20 to 30 days. ... You may need to engage your landlord if the notice to vacate is lawful. The landlord cannot evict you for no reason - merely because they want you out.Oct 2, 2020
How long does it take to evict a tenant in NY?
How long does it take to evict a tenant in NYC? The average amount of times it takes to evict a tenant in NYC is about three months, though in some cases it may take six months or longer.
Can you evict a tenant without a lease in NY?
Basically, if you're trying to evict a tenant without a lease, then you're evicting a tenant-at-will. ... In the state of New York, a tenant cannot be legally evicted without first having been given a 7-day, or 30-day, notice to quit.Sep 12, 2018
When can a landlord evict a tenant in NY?
14 daysEviction for Nonpayment of Rent The notice must state that the tenant has 14 days to pay rent or move out of the rental unit. If the tenant does not pay the rent or move out of the rental unit within the 14 days, the landlord can begin eviction proceedings against the tenant (see N.Y. Real Prop.
What are the reasons for eviction?
Other reasons for eviction include the following: 1 Violations of the Pet Policy 2 Subletting to Tenants Not on the Lease 3 Property Damage 4 Disrupting Other Tenants 5 Using the Property for Illegal Purposes
Why do landlords evict tenants?
Landlords can evict tenants for a variety of reasons. Most evictions occur because tenants get behind on rent and can’t catch up. Did you know when you fail to pay rent on time, you’re breaking the terms of your lease agreement? Other reasons for eviction include the following: Violations of the Pet Policy.
What to do if landlord discriminates against you?
Also, if the landlord retaliates against you when you’ve exercised your legal right as a tenant, you should pursue legal protection. Hiring a lawyer gives you a better chance of winning your eviction case.
Can a landlord evict you if you rent a house?
Finally, if you’re renting a home and the property owner wants to either take it off the rental market or move into it, they have the right to evict you. State laws vary in this situation, and a lawyer can make sure the landlord doesn’t infringe on your tenant rights. Lease agreements protect tenants and landlords.
What happens if you get an eviction notice?
When you come home to an eviction notice tacked to your front door, it can knock the wind out of your sails. Who wouldn’t worry about losing their home, not to mention the damage an eviction could cause to your credit rating?
What happens if you are evicted?
Evictions usually create a negative impact on your quality of life and your financial stability. Without a lawyer who understands the nuances of landlord/tenant law, you likely won’t make the most persuasive case.
What are the violations of a lease?
Most lease violations are grounds for termination if they are not corrected within a specified amount of time. Below are four commonly-breached lease terms: 1 Pets: The lease could prohibit or limit the number of pets your tenant can have in your rental unit. Your tenant could also violate the lease if they own pets without paying a pet deposit. 2 Unapproved Occupants: The lease will name all occupants that are allowed to live in it. So, your tenant can’t allow their boyfriend or girlfriend to move in without your permission. 3 Subletting: The lease probably grants your tenant an exclusive right to occupy the property. So, your tenant can’t rent it to anyone else for any amount of time without your consent. 4 Neighborhood Complaints: The lease might allow you to terminate it if you receive repeated complaints from neighbors or the police. These “nuisance” complaints are commonly about excessive noise, which the police could fine you for.
Why do you have to evict a tenant?
Another lawful reason to evict a tenant is if they use your property for illegal purposes. A tenant who violates their lease and the law creates potential liability for you and themselves. If your rental unit is zoned for residential use, your tenant can’t use it for any commercial purpose.
What is the legal basis for evicting a tenant?
Another legal basis for evicting a tenant is to clear the premises for remedying violations of health or safety laws. Your rental can’t be treated for certain health or safety hazards while your tenant is living in it. This includes removal of lead paint, asbestos, and improperly-installed electrical systems.
How long do you have to give notice to evict a tenant in Texas?
In Texas, you can’t legally evict a tenant without first giving the tenant written notice. You must tell your tenant in writing that they have three days to move out.
Can you evict a tenant for not paying rent?
It may come as no surprise that failure to pay rent is the most common reason for eviction. Unless the lease agreement says otherwise, you can evict a tenant for nonpayment of rent after giving three days’ notice. Remember that not paying a late fee is not the same thing as not paying rent.
What happens if a tenant breaches a lease agreement?
If they breach any of its terms, you have legal grounds for filing for an eviction.
Can a tenant have pets in a rental unit?
Pets: The lease could prohibit or limit the number of pets your tenant can have in your rental unit. Your tenant could also violate the lease if they own pets without paying a pet deposit. Unapproved Occupants: The lease will name all occupants that are allowed to live in it.
Why Do Landlords Have to Evict?
No landlord wants to evict a tenant, but sometimes there is no other choice. Landlords who wait too long to evict a tenant can see cash flow quickly decline and potentially thousands of dollars in property damage caused by a bad tenant.
How to Evict a Tenant
While the exact process for evicting a tenant varies by jurisdiction, there are typically eight steps to follow to evict a tenant:
Important: Eviction Laws Vary by State
The exact process for evicting a tenant varies with each state, and often varies across individual cities within the state. There are several ways to learn more about the specific state landlord-tenant laws and your local eviction process.
How to Remove a Tenant Without Evicting
The average cost of a residential eviction can easily run several thousand dollars or more from start to finish, according to research from SmartMove and BiggerPockets.
Jeffrey Michael Lovely
You should consider hiring an attorney to make sure that your notice to quit and summary process summons were drafted and served properly, and to represent you at the hearing. This is a very pro-tenant state so you have to be careful!
Kenneth C. Vining
You are not required to have an Attorney. However, you should have one. I am in Court weekly and it always pains me to see landlords there unrepresented.
Adam Sherwin
No need to hire an attorney unless you are an LLC or corporation, but consider getting one if you do not feel proficient with the legal process.#N#More
Christopher Joseph Fein
No. Technically you do not have to hire a lawyer unless your property is owned by a corporation, however, it is not a good idea to represent yourself.
Christopher R. Whittingham
Yes. It is always better to have an attorney handle these cases. Landlord and tenant law in Massachusetts is highly technical and one misstep could get your case thrown out of court, which you do not need in a case in which the closing is coming up.
Never Try It on Your Own
The temptation to attempt to handle an eviction on your own is great–the Internet is full of “advice,” free downloadable forms for you to send your tenant, and lots of general information. Most of it is just wrong. Before you start printing free forms, be reminded of one thing–you get what you pay for. In the Nassau and Suffolk Co…
How The Eviction Process Works
- Before your eviction lawyer can start proceedings against a tenant, he or she will need a copy of your written lease agreement, if there is one. Many lease agreements contain predicate notice requirements that must be met before you can start legal action. An experienced eviction lawyer will read the lease to ensure that you have met all such notice requirements. Many Nassau and …
Non-Payment Eviction
- If your tenant simply does not pay the agreed amount of rent, then you have the right to evict him or her. If the tenant pays all of the rental arrears and becomes current in the rent on or before the court date, the case will generally be dismissed and the tenant will remain in possession of the property. If you are willing to accept the potential for this outcome, then a non-payment proceedi…
Hold-Over Eviction
- Two things have to be in effect for a hold-over proceeding: 1. Non-payment of rent is NOT the primary grounds for a the eviction. 2. There is no written lease in effect for a term not yet expired. In other words, if the term of your tenant’s written lease agreement has not yet expired, you generally cannot evict him or her unless the tenant stops paying rent. If your agreement is oral, h…
Steps to An Eviction
- There a several trips to the courthouse in an eviction proceeding and every case is different, but these are the basics. Serve an appropriate predicate notice. This lets the tenant know that he or she must do something within a specified time period, or an eviction action will begin. File and serve a Notice of Petition with Petition in the appropriate court. Appear in court on the date the p…
Why You Need An Eviction Lawyer
- Evicting a tenant is time-consuming and takes precise attention to the New York landlord-tenant statutes, which is why you need an experienced attorney to represent you. At the Murtha Law Firm, LLC, we have many years of experience in working with landlords to resolve tenant issues. Our flat fee covers all the expenses you would incur if you tried to evict on your own, including fil…
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