Landlord-Tenant Litigation – Tenant Lawyer / Landlord Attorney Brooklyn

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Landlord -Tenant Litigation allows an individual or business to resolve disputes pertaining to leased or rented property; often the issues are critical and pertain to eviction and/or collection of significant amounts of past due rent; because the determination is important to both parties, whenever possible Landlord-Tenant Litigation should be dealt with by an experienced attorney.

Landlord and Tenant Court Jurisdiction in General –

Landlord-Tenant Law is one of our firm’s areas of expertise; we defend landlords and tenants in a variety of legal proceedings before the Landlord-Tenant Court and the New York Supreme Court. When it comes to eviction and/or collecting large amounts of past due rent, Landlord-Tenant Litigation gives an individual or business the ability to settle disputes pertaining to leased or rented property. Because the outcome is significant to both parties, Landlord-Tenant Litigation should, whenever possible, be handled by an experienced attorney. Landlord-Tenant Court disputes deal with leased or rented property and have the potential to impact significant interests. The cases may involve disagreements regarding the following:

1. Traditional and non-traditional residential rental agreements – Landlord-tenant disputes are common in situations where traditional leases for rented apartments, rooms, houses, or other rented residential spaces are signed agreements; however, they are also common in non-traditional situations like rented rooms, basements, and other accommodations; some of these are rented on a month-to-month basis without a formal lease, and some may not be permitted by town or local ordinances but are nonetheless subject to landlord-tenant court jurisdiction.

2. Hold-overs tenants from foreclosures sales – A foreclosure auction and sale, held on the steps of the courthouse, is the final phase of a foreclosure case. This involves the defendant’s distressed real estate being put up for auction and sold to the highest bidder. Following a foreclosure sale, the previous owner is no longer considered the owner of the property and is referred to as a “holdover tenant.” The high bidder at the foreclosure sale initiates an eviction action against the holdover tenant, who ultimately faces forcible removal due to a lack of legal rights to stay at the property. However, if a foreclosure is completed and a The client’s home was sold at a foreclosure sale. Although the previous owner is not legally obligated to vacate the property right away, they are subject to an eviction process in Landlord-Tenant Court, which can be initiated by the buyer who purchased the property at the foreclosure sale and is now regarded as the owner. If there are no adequate offers at the foreclosure sale, which is typically an auction held at a local courthouse, the mortgage holder frequently becomes the new owner of the property after the foreclosure sale. As the new owner, the buyer may get an eviction order from the landlord-tenant court, which would compel the tenant to vacate the property absent a valid objection for equitable, substantive, or technical grounds.

3. Cooperative apartment litigation – Since this type of apartment is not held like a condominium where residents own a deed—instead, they own shares and lease their apartments under a private lease—these are typically actions to eject by Coop Board;

4. Commercial rental space – In contrast to residential rental space, commercial rental space is inhabited by businesses rather than by private individuals. As a result, in commercial litigation, when there is an assumption of intelligence by the business entity, a lack of personal safety considerations, and a greater likelihood of financial loss or gain due to delay, the courts tend to be more harsh with both the landlord and the renter. Commercial lease disputes are challenging to defend and litigate in situations where there are few expectations for potential outcomes, unless we have strong arguments and supporting evidence. the majority of commercial Cases involving both a corporate landlord and a corporate tenant frequently center on two issues: the landlord’s potential ability to reduce damages (though this is not a requirement) and the extent of his personal liability for the corporate tenant’s principal under a personal guarantee, which may be conditionally limited by a “good guy clause.”

5. Issues Litigated in Landlord Tenant Court – Tenant Court is where most lease-related cases are heard in court. The state supreme court is the appropriate venue to seek a stay in cases with significant exceptions. Additionally, when a bankruptcy or matrimonial case is involved, it is handled by a court that is specifically meant to handle cases like this. Lastly, the contract may contain a jurisdictional clause, a mediation or arbitration procedure, or both in the event of a lease dispute. Beyond simple rent collection or evictions, problems can also include building infractions, problems with inadequate building services, and/or problems with lease compliance other than rent payment, such as problems with habitability, nuisance, or constructive eviction.

Landlord and Tenant Courts in General –

If the case is dismissed, the court may consider these defenses waived, which would make it more difficult for you to defend the lawsuit.

In addition to non-payment of rent, the attorneys at the Office of Ronald D. Weiss have expertise handling cooperative eviction actions for violations of proprietary leases, bylaws, or house rules. They also have experience handling holdover/eviction actions, nuisance eviction actions, harassment actions, and actions for

Predicate Notices: for Non-Payment Action –

The landlord must determine if they are more interested in the tenant’s eviction than in collecting rent before taking any further action. A “non-payment action” is what the process is called if the objective is to collect rent. The Landlord shall serve a 14-day written demand for rent before initiating a Non-Payment action. Additionally, after the rent is five days past due, the landlord is required to notify the tenant in writing via certified mail of their failure to pay. A non-payment lawsuit may be dismissed for the Landlord’s neglect in serving these notices and in serving them properly.

Predicate Notices: for Holdover Action –

An attempt by the Landlord to retake ownership of the property is referred to as a “holdover action.” The basis for the Holdover action determines the kind of Notice that must be given. Typically, a holdover case is started because of one of the following: the lease’s term expiring; a post-foreclosure situation; or a violation of the cooperative’s proprietary contract, laws, or house rules.

The landlord is required to give either a 30-day, 60-day, or 90-day notice if the lease’s term has ended. The duration of the subject premises’ occupancy and the term of the expired lease determine the Notice period. The landlord is required to provide the tenant at least thirty days’ notice if they haven’t been residing there for more than a year. The landlord is required to give at least sixty days’ notice if the tenant has been residing on the property for more than a year but less than two years. The landlord is required to give at least ninety-day notice if the tenant has been residing there for more than two years.

In order to evict the tenants of a property acquired at a foreclosure sale, the new owner must first deliver a 10-day notice to quit along with a certified copy of the referee’s deed. A 90-day notice must also be given to the renter of the previous owner if they are occupying the property. These Notices shall be delivered physically, by letter and mail, or by service upon an adult and discretionary person. A move to dismiss the holdover action would be made if a Notice was just left on someone’s doorway, as this would be considered improper service.

The Petition – Strategy: Pursuing rent and/or eviction?

The Petition is the document that starts the proceedings in Landlord-Tenant Court. Typically, the Respondent is the tenant or inhabitant of the premises, while the Petitioner is the property’s owner or landlord. Every adult residing on the property must be served by the petitioner. “John Doe” or “Jane Doe” may be used to refer to the tenants when the petitioner is unaware of their identity or names. An attorney should be consulted and hired right away if any court documents are delivered to the location because either an Answer or a Motion to Dismiss should be filed.

Holdover or non-payment actions are the types of Housing Court cases. In addition to seeking rent arrears, a non-payment case may result in a money judgment against the tenant and a judgment of possession, which could result in the tenant’s eviction. The owner requests an eviction warrant and a judgment of possession in a holdover action. The Holdover action is safer because it allows the owner to regain control over the Property, which is ultimately the main purpose, in the event that a tenant experiences financial hardship. A tenant in financial hardship may file for bankruptcy or otherwise be unable to pay on a money judgment.

When a tenant or occupant joins our team of knowledgeable landlord/tenant attorneys to represent their interests in a non-payment or holdover matter, we will obtain all the information required to develop a strategy targeted at securing the best result for you. Thirty years of experience as housing court practitioners has given our attorneys invaluable insight that enables us to offer more than just legal counsel; we can now strategically organize the action.

The Answer and/or Motion to Dismiss

Some of The Law Office of Ronald D. Weiss, P.C.’s clients—both individuals and businesses—may be facing eviction from their landlord. One way to respond to an eviction lawsuit is to fight back against the landlord in court. Our company can assist the customer in answering the petition that starts the landlord-tenant lawsuit. This must be completed soon after the petition is served.

The Response/Pre-Response Knowledge of the facts and the law is necessary for the Motion to Dismiss. The tenant or occupant has the chance to raise any defenses at this time. A defense can be considered waived if it is not raised now and cannot be raised later. For instance, if the Petition and Notice of Petition were not served to the Tenant/Occupier by personal service, serving on a person of appropriate age and discretion, or by nail and mail, there is a defense to the proceeding. Furthermore, specific predicate notifications, like a 90 Notice Day and/or 10 Day Notice to Quit in a Holdover, must be served. dismissal is required due to the improper serving of these notices and the ensuing action. A certified copy of the Referee’s Deed must be presented by the Petitioner to the Respondent in a post-foreclosure holdover action. Should this not be completed appropriately, the case might be dropped.

In a non-payment case, you must submit an Answer or a pre-Answer Motion to Dismiss if you are served with a Petition and Notice of Petition. Should you choose to disregard the Petition, the court could issue a judgment of default, which could have a disastrous impact on your credit. Furthermore, a sheriff may execute an eviction warrant issued by the court.

The question of who violated the agreement first—the landlord or the tenant—is another one. In addition, there are inquiries about deficient services, troublesome legal matters, code infractions, building infractions, and noncompliance with zoning regulations concerning the rental property. These may be raised in this case as counterclaims or defenses, although they are frequently prohibited by the terms of the signed lease from being raised.

The client can raise any defenses they may have against the way the Landlord-Tenant proceeding was started by defending it. This type of representation prolongs the landlord-tenant procedure and notifies the client and our firm of its status. A client may occasionally have a strong technical or substantive defense, which could lead to the dismissal of the landlord-tenant action as well as its extension. Additionally, the tenant has the option to postpone eviction to the degree that they are able to identify problems that raise factual queries that call for a trial. To the degree that By avoiding these types of procedural and substantive problems and demonstrating to the judge that the case’s facts are unambiguous and uncontested, as well as that the law only requires one outcome in order to establish that the landlord’s right to possession must be upheld, the landlord will be more likely to win.

Negotiation prior to Court Resolution –

In these trying times, the Law Office of Ronald D. Weiss can assist its clients by negotiating on their behalf before, during, and after the Landlord-Tenant Proceeding in an attempt to find a solution, cut costs and expenses, and eliminate ambiguity. Both parties frequently try to balance their positions by reaching a compromise. For example, when a tenant has a weak case but only needs a short time to stay, a clause is frequently added to postpone eviction so that the tenant has enough time to find new housing and make plans to move. The duration of the agreement is frequently discussed; if it is short, the landlord may pay the renter to vacate; nevertheless, if it is long, the landlord may For an extended period of time, the tenant may pay the landlord an amount for usage and occupancy that is equal to a fair rental rate. However, if the landlord is finding it more difficult to evict the tenant, it must ensure that its position in court is unimpaired because even minor technical errors or problems can cause the eviction process to drag on longer or force the landlord to be more accommodating in attempts to reach a settlement in the hopes that doing so will be less expensive than taking the case all the way to trial.

Trials and Court Hearings –

When the tenant proposes to pay the full amount of rent arrears before the court date, the landlord is required by the Housing Stability & Tenant Protection Act of 2019 to accept the payment. Previously, the landlord had the option to reject the money and carry on with the legal matter.

remove the need that an answer be submitted no later than three days before the scheduled hearing date of the petition. In spite of this legal amendment, the respondent would still have to establish defenses to the case and maintain his or her rights by timely filing a motion to dismiss or an answer.

You may ask for an adjournment if you show up in court on your first scheduled day without an attorney. In order to give you time to speak with and hire a counsel, the court is required by law to postpone the case for a minimum of 14 days.

The Nassau and Suffolk County courts typically encourage the parties to try to reach a settlement when you appear in court. Tenants and occupants who appear pro se, or without legal representation, are sometimes at a disadvantage as the landlord is typically represented by legal counsel. A Stipulation of Settlement, which has the same legal force as a binding contract, is signed by the parties if the matter is settled. After the parties sign this agreement, the judge will “so-order” it, meaning that breaking it also counts as breaking a court order or directive and necessitates additional action.the involvement of the court. As knowledgeable landlord-tenant lawyers, we would advise against signing a Stipulation of Settlement on behalf of an unrepresented party. Many tenants who are facing eviction and have gone into a Stipulation of Settlement come into our office realizing they are unable to follow the conditions of the agreement.When a tenant or occupier agrees to leave a property, they should have knowledgeable and skilled legal counsel who can work toward a fair settlement that gives them enough time to leave in a dignified manner. Furthermore, this company has expertise in arranging “cash for Keys” settlements, which give the tenant or occupant financial compensation in exchange for giving up the keys and the ability to occupy the property.

In general, the Court discourages trials unless there is no other option. In other words, the case concerns factual matters such as the petition or notices being served, the payments being made and how they were allocated, or whether the tenant acted in a way that led the landlord to reasonably conclude that the lease was in default. Landlord-Tenant Court trials are typically brief and straightforward, so the party preparing for them must be extremely organized.

After the Hearing- Alternatives if Resolution Works or Does Not Work

Tenant must strictly adhere to the conditions of any settlement in a stipulation that may be worked out during the hearing. Here are some potential options, nonetheless, in the event that a settlement is not achievable:

1. Bankruptcy Stay – One way to obtain a stay of an eviction is through a bankruptcy stay, which temporarily halts all legal proceedings. Nevertheless, it is crucial for a litigant to obtain legal counsel regarding their options, including filing for bankruptcy to halt the eviction process before the warrant is issued. There are various types of bankruptcy proceedings, and it is important to carefully examine how each one functions in the client’s circumstances and how it interacts with the eviction process.

2. Supreme Court Stay – A stay obtained from the Supreme Court is an additional means of preventing an eviction. If a stay is required, it must be requested in the Supreme Court; injunctive relief cannot be obtained in landlord-tenant court. An order to show cause in the Supreme Court, for instance, asking to vacate the foreclosure sale and requesting a stay of execution until the outcome, could be a means to slow down an eviction even if the holdover tenant is the former owner of a home that was sold at a foreclosure sale.

3. Appellate Division Stay – If the tenant is appealing a ruling from the Supreme Court or the Landlord Tenant Court, the last resort for obtaining a stay of an eviction is to file a stay request with the Appellate Division. In order to accomplish this, the tenant would have to prevail in an Order to Show Cause before the Appellate Division, which is challenging unless there are issues in a prior ruling on the case that are obviously appealable.

4. A Covid Stay –The current Covid-19 outbreak has caused reluctance within the judicial system to force infected and/or high-risk individuals to leave their homes without giving them enough time to find other housing. Therefore, the Court will attempt to prevent the tenant from secretly losing their house if they are at risk of contracting COVID-19 because of their age, a medical condition, or other considerations.

Warrant of Eviction –

The legal document that grants the Sheriff or Marshall the authority to carry out the eviction is the warrant of eviction, which is signed by the Housing Court Judge in New York City or the District Court Judge in Nassau and Suffolk Counties. When a renter is evicted, the property’s locks are changed, it could be boarded up, and their personal belongings are usually placed on the curb next to the house or put onto a moving truck and put in temporary storage at their expense.

There are two methods to halt the eviction process: either file for bankruptcy or request a court-issued Order to Show Cause. The Order to Show Cause, which must be signed by the judge and served prior to the eviction taking place, must expressly provide for a stay or restraint on the eviction in order to prevent it. In the event that the eviction has taken place, possession may be returned to the tenant or occupant upon the Judge’s signature on an Order to Show Cause granting such relief.

All Notices of Eviction in New York State are required to be 14 days in length by the Rent Law of 2019. Tenants in Nassau and Suffolk used to only have 72 hours’ notice before being evicted; this was an extension of that period.

Our company can defend a client seeking a stay of eviction through an Order to Show Cause in the Supreme Court following the conclusion of a landlord-tenant process. The State Supreme Court is the sole court that can grant a stay of eviction in this kind of case; landlord-tenant courts typically do not react to orders to show cause. The issuing or execution of the eviction warrant may be postponed by the judge for up to a year following the rendering of a judgment in housing court. To receive this additional time to leave, the property’s tenant or occupant must request this relief in accordance with RealIn accordance with Property Actions and Procedures Law Section (RPAPL) 753, evidence of the following would be required: extreme hardship; sincere attempts to find alternative housing and the absence of comparable housing in the same neighborhood; health problems, worsening of a health condition; and disruption of children’s education/schooling if forced to move, which is especially concerning if the eviction is planned to occur during the school year.

Effects of Covid-19 – moratoriums etc.

In New York State, several moratoriums have been implemented, akin to foreclosures, to stop or postpone evictions and enable homeowners to stay in their homes as long as the coronavirus outbreak persists. Currently, the embargo expires on January 1, 2020.

On September 28, 2020, Governor Andrew M. Cuomo declared that the Tenant Safe Harbor Act of the State will remain in effect until January 1, 2021, shielding more residential renters from eviction in the event that they experience financial hardship while the COVID-19 public health emergency is in effect.By virtue of the Executive Order, eviction notices issued before the pandemic began are now covered by the Tenant Safe Harbor Act. Governor Cuomo announces a moratorium on COVID-19-related residential evictions, which will be extended until

On March20,2020, Governor Cuomo initially declared a state ban on residential and business evictions in order to guarantee that no renter would be removed while the public health emergency was at its worst. On June 30, 2020, the Governor signed the Tenant Safe Harbor Act, which went into force right once, along with other laws that gave residential renters and landlords financial support. Furthermore, late rent payments are no longer permitted by prior Executive Orders, and tenants who are having financial difficulties are still able to utilize their security deposit as payment and repay it gradually.

Governor Cuomo issued an executive order earlier in September 2020 extending the ban on COVID-related commercial evictions and foreclosures in the state until October 20th. This bill recognized the financial toll the pandemic has imposed on business owners, particularly retail stores and restaurants, and extended protections already in place for commercial tenants and mortgagors. The protection was recently extended until January 1, 2021, giving business renters and mortgagors more time to catch up on rent or mortgage payments or to renegotiate their lease conditions in order to prevent foreclosure in the future.

Strategy –

The strategy for a Tenant or Landlord depends on the procedural posture of the situation, and the goals, resources, options and needs of each party. Usually the tenant is trying to stay longer while the landlord is trying to cut that stay short through an eviction proceeding. For the Tenant, equity, sympathy and procedural errors by the Landlord are usually the main arguments but bargaining over rent and time may help solidify a consensual solution with the Landlord. Litigation, bankruptcy and/or negotiation options can all potentially give a Tenant additional time.

In contrast, a landlord’s strategy is to try and limit the amount of time the tenant can obtain by being cautious with the legal process during litigation and by being firm but fair during negotiations where the objective is to “box in” the tenant with a consensual clause that allows the tenant to have some of the time they need or want in exchange for agreeing to vacate by a specific date. In most cases, the landlord needs to understand that the court wants to find a safe way to settle these disputes and let both parties go on.

Where a tenant needs more time, we consider handling matters in multiple courts: Landlord-Tenant Court for the initial defense; Supreme Court Order to Show Cause seeking stay of eviction; Appellate Division appeal in case we are trying to appeal from a decision made by the Supreme Court or Landlord Tenant Court; and/or bankruptcy case in order to obtain a bankruptcy stay and/or attempt to reorganize the debt under the lease. In a similar vein, a landlord seeking possession, eviction, or rent assistance may find our expertise in many court settings pertaining to Landlord Tenant disputes useful.

How We Can Help –

In a landlord-tenant dispute or negotiation, we are typically asked to represent and provide legal counsel in order to help the parties reach a settlement. In cases of emergency, such as when a vulnerable tenant’s eviction is about to happen, we seek a stay through an Order to Show Cause or file for bankruptcy to prevent the eviction. However, if our client is the landlord and the tenant has been residing at the rental property for an extended period of time without paying rent, we aim to hasten the eviction process by proceeding cautiously and methodically while also making sure that we appear to be fair and compliant with the law. stipulated conditions in order for the Court to grant the requested relief. Whether our customers are landlords or tenants, we can assist them by understanding the rules and requirements of the courts and working within that framework to achieve their objectives.

Our Staffs’ Experience and Resources- 

We have a great deal of experience in landlord-tenant litigation, bankruptcy law, appellate representation, and negotiations, so we can help an individual or commercial tenant or landlord in the most trying situations. Our firm is ideal for representing clients in Landlord-Tenant situations because of our diverse skill set and dedication to helping them by addressing and resolving their difficulties.

Getting Started on Consulting/ Using Us. –

We begin with a free consultation, and if the client chooses to proceed, we begin the case by internally gathering data and documents during an intake meeting. During this time, we acquaint ourselves with the case, have our first conversations about the strategy, and sign a retainer agreement. Our representation changes as the case progresses because fresh information may force us to reevaluate our options in light of the shifting circumstances. Our customers are the focus of these conversations, and they frequently participate with us in choosing a case’s path of action as well as potential future directions.

Please call us at (631) 212-1046, or e-mail us at [email protected] for a free appointment to go over these legal alternatives in more depth about a landlord-tenant dispute.