New York Eviction Attorney
How to Evict a Tenant in NYC
In some cases, carrying out an eviction is as simple as the landlord ordering the tenant to vacate the premises and settling any outstanding payments according to the terms of the lease. When both parties are in agreement that the lease has been violated, the matter can be resolved quickly and efficiently. In the event that the tenant disputes the grounds for eviction, however, the case can easily become highly complex and contentious. It is often necessary in such cases to go to court to secure a possessory judgment, wherein the judge awards possession of the premises to the landlord and makes it possible for the landlord to enforce the eviction.
When can a landlord evict a tenant?
According to landlord tenant law, a landlord can move to evict a tenant on certain grounds, such as in the event of non-payment of rent or a holdover.
Non-Payment
Non-payment is when the tenant has become delinquent in their monthly payments. Non-payment disputes which cannot be settled may result in the landlord serving the tenant with a formal notice of eviction.
Holdover
A holdover case, is any situation where the landlord believes that the lease has been violated in any other way than simple non-payment. Holdover cases involve lease violations such as having more people living in the apartment than are allowed by the terms of the lease, including the following:
- engaging in activities which pose a nuisance to other tenants
- overstaying the expiration of the lease
- subletting without permission
- unauthorized appliance or pet
Landlord Tenant Lawyer NYC Fighting for You in an Eviction Dispute
There are many ways to handle legal disputes over an eviction. From the tenant's point of view, the goal is to prove that the landlord does not have legal grounds to evict, or that the landlord is engaging in some form of housing discrimination. One effective strategy is to file for a Yellowstone injunction, a legal remedy which serves to halt eviction proceedings so that the tenant can satisfy the terms of a Notice to Cure.
From the landlord's viewpoint, the objective is to demonstrate that the tenant has violated the terms of the lease and that you are legally entitled to carry out an eviction. If you need help evicting a tenant in New York City, then it is imperative to get legal counsel from a skilled attorney. Whichever side of the case you find yourself on, a landlord tenant lawyer NYC from The Law Office of Tamara I. Jordan P.L.L.C. is ready to fight for you.
Contact our eviction lawyer in NYC now for an office consultation to review your options and begin working on your case.