Obtaining an Eviction Lawyer in NYC

by | Jan 17, 2012 | Lawyers and Law Firms

Many issues arise in business and real estate, whether you are an owner, operator, investor of property, or are a landlord. You may wonder if obtaining an eviction lawyer in NYC is really necessary. Protecting your interests will require contacting an attorney as soon as possible so a successful conclusion can be made. A litigation lawyer can be found to guide you through the legal matters and they will be prepared to fight on your behalf.

A landlord can bring two kinds of cases against the tenant:

1. Cases of non-payment. Claiming that the tenant owes him rent, the landlord will sue for the rent that is overdue and will evict the tenant if he does not pay.

2. Cases of holdover. The landlord may have other reasons to evict, such as becoming a nuisance, violating lease provisions, staying after the expiration of the lease and putting other people in the apartment.

As a landlord or owner, three types of cases can be brought against you by the tenants:

1. Illegal proceedings of eviction. The tenant will ask that the landlord be ordered by the court to let him move back to his apartment if illegally evicted.

2. Proceedings of Housing Part (HP). The tenant will ask that the landlord be ordered by the court to provide repairs to his building or apartment.

3. 7A procedure. Tenants of a building with at least 6 or more units and one third of its occupants will ask that control of that building be given to an administrator supervised by the court to make repairs and collect rent.

Reasons to evict legally are:

* Failure to pay rent when due to the landlord.

* Violation of tenancy obligations or failure to surrender possession of property after receiving written notice.

* Permitting a nuisance to exist or damaging the rental property.

* Permitting or using the property for illegal purposes.

* Refusal of access to the property for improvements or repairs, inspection, or showing the unit to prospective buyers.

* The person having possession has not been approved by the owner or landlord.

* Recovering possession of rental property in good faith for occupancy or use by children, spouse, or parents of the landlord.

* Seeking possession in good faith to perform work or to demolish the building.

* Complying with a governmental order.

* Seeking possession in good faith to remove the unit from housing use.

Some of these reasons the Rent Stabilization Division has to approve but the first seven reasons do not need approval of the RSD.

Obtaining an eviction lawyer in NYC will provide quick results when nuisance tenants and non- payers are wasting your time and money and cause risks of property damage.


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