Category Archives: Landlord Tenant & Evictions

What Duty Does a Landlord Have to Make Repairs if a Tenant Complains?

nassau county district court

In Olszewski v Neuman, 2011 NY Slip Op 51287(U), a Nassau County District Court case, tenants sued their landlord for the return of their $2,100 security deposit. The tenants entered into a one-year written lease with their landlord commencing on May 1, 2010, and vacated the apartment on October 30, 2010, seven months before the...

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Can a Tenant Recover Money By Suing the Landlord After a Wrongful Eviction?

warrant to remove

What Constitutes a Wrongful Eviction? “Wrongful eviction” is a term used to describe when a landlord takes steps to oust a tenant on his or her own without following correct legal procedure to lawfully evict a tenant. On occasion, instead of hiring a landlord tenant lawyer and seeking entitlement to the premises back through the...

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Landlord Tenant Lawyer Evicts Tenant for Non-Payment of Rent Even Though Apartment is Illegal

litigation

Tenants who are being evicted from their apartment by the homeowner’s landlord tenant lawyer for failing to pay rent frequently believe that if they tell the judge the apartment they are renting is “illegal,” i.e., the landlord does not have a rental permit, then the eviction proceeding will be dismissed. This issue, which even for...

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Landlord Tenant Eviction Process: How To Enforce a Judgment of Possession and a Warrant of Eviction

landlord tenant new york

In both Nassau and Suffolk County, when a landlord goes to court to evict a tenant, the landlord is seeking legal authority to have an enforcement officer physically remove the tenant from the rental premises, restoring possession to the landlord. The landlord is also seeking the authority to attach certain of the tenant’s assets to...

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Can You Evict a Dangerous Tenant In New York Even If He Pays His Rent On Time?

eviction

Every tenancy is unique, and the terms under which a New York landlord tenant lawyer is allowed to terminate a tenancy is typically specified in the parties’ lease.  Absent contrary terms in a written lease, a landlord is allowed to terminate a tenancy if the tenant stops paying rent, if the tenant violated one of...

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