Landlord-Tenant Defense

Tenant Defense Allows a Tenant or a Business about to be Evicted to Assert Their Rights and Oppose the Eviction Proceeding.

Some of the clients, both businesses and individuals, of The Law Office of Ronald D. Weiss, P.C. are faced with potential eviction actions by their landlord. One response to an eviction action is to litigate with the landlord. Our firm can help the client respond to the petition that initiates the landlord-tenant proceeding. This needs to be done shortly after service of the petition. At the end of a landlord-tenant proceeding our firm can represent the client with an Order to Show Cause to stay an eviction. Defending the Landlord-Tenant proceeding allows the client to assert any defenses they may have to the manner in which such proceeding was initiated. Such defense also gives the client and our firm notice as to the status of the landlord-tenant proceeding and prolongs the proceeding. In some instances a client may have a strong defense, which may cause a landlord-tenant proceeding to be dismissed.

At the end of the foreclosure process if a clients home was sold at a foreclosure sale, the former home owner is not required to immediately leave but is legally considered to be a "holdover tenant" and subject to an eviction proceeding in Landlord-Tenant Court which can started by the buyer of the property at the foreclosure sale who is now considered to be the owner. Often the mortgage holder itself becomes the owner of the property after the foreclosure sale if there are insufficient bids at the foreclosure sale which is usually an auction sale held at a local courthouse. The buyer as the new owner can quickly obtain a warrant of eviction in Landlord-Tenant Court which would force a quick eviction unless there is meritorious opposition based on technical, substantive and equitable reasons. The Law Office of Ronald D. Weiss can help its clients in such difficult circumstances by opposing and negotiating with the new owner of the property in Landlord-tenant Court.

An additional response to an eviction proceeding could be a bankruptcy case filed before a "warrant of eviction" is issued. By filing for a Chapter 7 bankruptcy case before a warrant is issued a client can delay the eviction in addition to discharging potential personal liability. However, if a client believes it can catch up on lease arrears, in a Chapter 13 bankruptcy case the client can cure their rent arrears under a Chapter 13 plan while resuming regular rent payments. In either case a bankruptcy case should be strategically timed so that it comes as early as possible but definitely prior to the issuance of a warrant of eviction, which can happen as early as at the first court appearance in Landlord-tenant court.

Please call us at (631) 271-3737, or e-mail us at weiss@ny-bankruptcy.com for a free consultation to discuss such legal options in greater detail.