Landlord Eviction Attorney – Ready to Evict?
Generally, in upstate New York, a landlord can bring a Summary Proceeding to recover possession of real property (commonly called an eviction) for one of two reasons, either nonpayment of rent, or as a holdover tenant. Different rules apply in areas such as New York City where there are rent control or rent stabilization laws, and those rules and laws are not discussed here.
The vast majority of evictions are for nonpayment of rent. However, if a nonpayment eviction is brought, and the tenant pays all the rent in full at any point before being evicted, the nonpayment ground for eviction ceases, and the tenant must be allowed to stay in the rental premises.
A holdover eviction can be brought when the lease term ends, or after 30 days notice is given to terminate a month-to-month tenancy.
There are totally different rules and procedures for a nonpayment eviction or a holdover eviction. If the wrong procedure is used, or if the eviction documents are not properly and completely prepared, served and filed, the eviction may be set aside, and the landlord could be responsible to pay the tenant treble, or triple damages for the wrongful eviction.
This is a very complex and technical area of law. It is critical that the correct documents be properly prepared and served within a very short time period, and filed with the court promptly. Otherwise, the landlord may have the eviction set aside, or a lengthy trial, and possibly an appeal, and the landlord may owe the tenant triple damages for a wrongful eviction.
For all of these reasons, it is critical that landlords retain a qualified experienced attorney to handle any eviction.
I have written and lectured on landlord-tenant law, from the landlord’s perspective. I regularly receive referrals from other attorneys and lawyers, real estate brokers and many others, requesting that I represent landlords in eviction matters.
I have represented all types of landlords in thousands of evictions, including single family, multi-family, condominium, and cooperative residential evictions, manufactured and mobile home park owners, and commercial evictions. I have handled evictions in Dutchess, Putnam, Westchester, Orange, Sullivan, Ulster, Greene and Columbia counties.
Most evictions that I handle can be resolved in one court appearance and without trial, although the law is not designed this way. It takes the knowledge and experience that comes from thousands of cases to have evictions resolved fairly, professionally, and expeditiously.
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