Landlord-Tenant Litigation – Tenant Lawyer / Landlord Attorney Queens

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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 represent 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 cases 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 forced eviction 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 sufficient bids 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 request an eviction warrant 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 owned like a condominium where tenants hold a deed—instead, they own shares and lease their units under a proprietary lease—these are typically actions to evict by Coop Board;

4. Commercial rental space – In contrast to residential rental space, commercial rental space is occupied by businesses rather than by private individuals. Therefore, in cases where there is an assumption of sophistication by the business entity, there are no concerns about personal safety, and there is typically more money lost or gained through the litigation, the courts are harsher to a commercial litigant, to both the landlord and the tenant. pause. 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 involve both a corporate landlord and a corporate tenant. Frequently, there is uncertainty about the landlord’s ability to limit damages (though he is not obligated to) 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 involving 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 these. 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 –

The Landlord-Tenant Parts of the District Courts in Nassau and Suffolk Counties, as well as the Housing Part of the Civil courts in NYC, the Bronx, Brooklyn, Queens, and Staten Island, handle Housing Court cases. Six District Courts are located in Suffolk County, and one District Court is located in Nassau County. The court case will be heard at the location of the property.A legal proceeding is started upon the filing of a Petition by the property’s owner or landlord. You will have a short window of time, usually 20 to 30 days, after receiving a petition to file a motion to dismiss or an answer outlining all of your defenses and counterclaims. Your ability to defend the action would be weakened if you failed to timely file a Motion to Dismiss or Answer, as the Court might consider these defenses to have been waived.

Housing court matters that the lawyers at the Office of Ronald D. Weiss have handled in the past include non-payment of rent, holdover/eviction actions, cooperative eviction actions for breaking house rules, bylaws, or proprietary leases, nuisance eviction actions, harassment actions, actions to correct housing code violations, and actions pertaining to alleged breaches of commercial leases. When a Notice to Cure is served to the lessee in relation to commercial lease violations, an urgent application for a Yellowstone injunction must be made to the Supreme Court in order to halt the cure period. There is a very short window of time in which to get a Yellowstone injunction, so you must act right away.

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 action 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 possession 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 action 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 lease, 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 give 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 serve 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 tenant of the previous owner if they are occupying the property. These Notices shall be delivered personally, by nail 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 simply left on someone’s doorstep, as this would be considered improper service.

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

The Petition is the document that starts the action in Landlord-Tenant Court. Typically, the Respondent is the tenant or occupant of the premises, and 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 occupants when the petitioner is unaware of their name 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 action 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 goal, 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.

Our team of skilled landlord/tenant attorneys will gather all the information necessary to create a plan aimed at getting the best outcome for you when a tenant or occupant hires us to represent their interests in a non-payment or holdover case. Our attorneys’ thirty years of experience practicing in the housing court has given them invaluable knowledge that allows us to provide more than just legal advice—we can now strategically plan 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 client 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 might 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, service on a person of appropriate age and discretion, or by nail and mail, there is a defense to the action. Furthermore, in a holdover action, specific predicate notices, such as a 90 Notice Day and/or 10 Day Notice to Quit, must be served. The dismissal is required due to improper service of these notices. 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 action, you must file 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 lease 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, but 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 compelling technical or substantive defense, which could lead to a landlord-tenant proceeding not only to be prolonged but to actually be dismissed. Also, to the extent the tenant can find issues that create a factual questions that necessitate a trial, the tenant can postpone being evicted. Landlords have an easier time winning cases when they can steer clear of these types of procedural and substantive disputes, demonstrate to the court that the facts of the case are unambiguous and uncontested, and demonstrate that the law is unambiguous in indicating that the landlord’s right to possession must be respected.

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 uncertainty. 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. Negotiations frequently center on the quantity of time involved, and in cases where it is brief, the landlord may pay the renter to vacate; in cases where it is more extensive, the tenant may be required to pay the landlord a usage and occupancy fee 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 offers 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.

to be listened to. In spite of this legal amendment, the respondent would still have to assert defenses to the action 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 date without an attorney. In order to give you time to speak with and hire an attorney, 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 often 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 entered into a Stipulation of Settlement come into our office realizing they are unable to follow the terms of the agreement.When a tenant or occupant 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 negotiating “cash for Keys” settlements, which give the tenant or occupant financial compensation in exchange for giving up the keys and the right 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 terms of any settlement in a stipulation that may be worked out during the hearing. Here are some potential options, though, in the event that a resolution is not achievable:

1. Bankruptcy Stay – A bankruptcy stay can be used to temporarily halt all legal proceedings, including evictions. However, before filing for bankruptcy, a litigant should consult with a lawyer to discuss their options, including using bankruptcy to halt the eviction process before the warrant is issued. There are various types of bankruptcy cases, 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 pandemic has caused reluctance throughout 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 home if they are at risk of contracting COVID-19 because of their age, a medical condition, or other factors.

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 tenant is evicted, the property’s locks are changed, it might be boarded up, and their personal belongings are usually left on the curb next to the property 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 represent a client seeking a stay of eviction through an Order to Show Cause in the Supreme Court following the conclusion of a landlord-tenant proceeding. The State Supreme Court is the only 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 issuance 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. Tenant or occupant of the property must request this relief in accordance with Real Property Actions and Procedures Law Section (RPAPL) 753 in order to receive this extension of the time to vacate.

Effects of Covid-19 – moratoriums etc.

Similar to foreclosures, a number of moratoriums have been put in place in New York State to prevent or delay evictions and allow homeowners to remain in their houses while the coronavirus pandemic is ongoing. The moratorium currently ends 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 tenants 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 warrants 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 first declared a state moratorium on residential and commercial evictions in order to guarantee that no tenant 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 effect right away, 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 use their security deposit as payment and repay it gradually.

Governor Cuomo issued an executive order earlier in September 2020 extending the moratorium on COVID-related commercial evictions and foreclosures in the state until October 20th. This measure recognized the financial toll the pandemic has taken on business owners, including 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 commercial tenants and mortgagors more time to catch up on rent or mortgage payments or to renegotiate their lease terms in order to prevent foreclosure in the future.

Strategy –

A tenant’s or landlord’s approach is determined by the goals, resources, options, and needs of each party as well as the procedural posture of the case. Typically, the landlord tries to shorten the tenant’s stay by filing for eviction, while the tenant wants to stay longer. Equity, sympathy, and procedural inaccuracies on the part of the Landlord are typically the main points of contention for the Tenant; however, negotiating over time and rent may help cement a mutually agreeable resolution. A tenant may be granted more time through litigation, bankruptcy, and/or negotiation options.

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 move 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 multiple court settings pertaining to Landlord Tenant matters 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. In contrast, if the tenant has been residing at the rental property for an extended period of time without paying rent, our client, the landlord, would like to expedite the eviction process by moving carefully and In order for the Court to grant the relief we seek, we must proceed cautiously and ensure that we appear to be fair in our negotiated terms while also being procedurally correct. Whether our clients are landlords or tenants, we can assist them by understanding the standards and requirements of the courts and working within that framework to achieve their objectives.

Our Staffs’ Experience and Resources- 

We can assist an individual or commercial tenant or landlord in the most difficult circumstances because we have a great deal of experience with landlord-tenant litigation, bankruptcy law, appellate representation, and negotiations. Our multidisciplinary skill set and commitment to assisting clients by addressing and resolving their issues make us the perfect firm to represent them in Landlord-Tenant matters.

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 new information may force us to reevaluate our options in light of the shifting circumstances. Our clients 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 consultation to go over these legal options in more detail regarding a landlord-tenant dispute.