New York Real Estate Attorney Sergey Davydov

Can a landlord use an eviction notice to go straight to court?

Wed, 03 May 2023 11:15:44 GMT

I already gave my tenant notice that they needed to leave the premises; can we use the notice I gave to go straight to court?

The notice you gave yourself to the tenant was most likely not served in accordance with the law and, as such, cannot be used to go to court. Our office uses a licensed process server to serve the necessary paperwork on your tenants before a case can be properly commenced.

My tenant has not paid rent for months what should I do?

Wed, 03 May 2023 11:01:43 GMT

My tenant has not paid rent for months what should I do?

If you have a lease that has not expired and the tenant has defaulted in making the rent payments, the best course of action is to start a nonpayment case in housing court. Our office will prepare all of the necessary notices to commence the case.

My tenant’s lease has expired and/or my tenant has stopped paying rent. Am I permitted to turn off essential services such as heat, water, electricity, gas in the premises?

Wed, 03 May 2023 10:50:49 GMT

My tenant’s lease has expired and/or my tenant has stopped paying rent. Am I permitted to turn off essential services such as heat, water, electricity, gas in the premises?

No. If you turn off essential services, you are subjecting yourself to potential civil penalties to the city of New York if the tenant goes to court and alleges that you have turned off essential services. The judge will make you turn back the essential services and will order you to pay civil penalties for each day an essential service was shut off, plus award the tenant treble damages for any period of time the tenant had to live elsewhere.

My residential lease has expired can my landlord legally change the locks?

Fri, 21 Apr 2023 11:51:11 GMT

My residential lease has expired can my landlord legally change the locks?

Unless a tenant voluntarily surrenders the premises at the end of the lease term, a landlord in New York may not legally change the locks without first obtaining a court order. In fact, it is a Class A misdemeanor for any landlord to illegally change the locks, padlock the doors, take out your furniture or property, remove the door of the apartment or house, or turn of the electricity or water. In the event your landlord engages in any of the aforementioned behaviors, you have the right to go to court and take out an order to show cause to be restored to possession and sue for damages.

In New York, your landlord must first serve an appropriate notice before filing an eviction case in court. If you have lived in the property for less than one year, the landlord must serve you a 30 day notice of termination. If you have lived in the property for at least one year but less than two years, the landlord must serve a 60 day notice of termination. If you have lived in the property for two years or more, the landlord must serve a 90 day notice of termination.

The notice of termination will specify the date that you have to vacate the premises before the landlord files a case in court. If you are still in the premises after the termination date, the landlord will have to file a case in court and you will still have time to negotiate a settlement in court, or have a trial. If a settlement cannot be reached the case will eventually go to trial and the judge will decide how much time you will get to vacate the premises and will decide if any monies are owed.

There are many legal defenses that may cause the court to dismiss the landlord’s case against you and that is why it is very important to hire an experienced landlord-tenant lawyer who can raise these defenses on your behalf. In addition to legal defenses you have the right to raise any counterclaims you have against the landlord in court.

Stopping an Eviction:

Fri, 14 Apr 2023 07:19:08 GMT

If you have received a notice from a marshal stating that you are to be evicted, it is important to act fast.

Eviction is a serious issue that no tenant wants to face.

If you have received a notice of eviction from a marshal you are in danger of losing your home and should immediately contact an attorney to file an Order to Show Cause to stop the eviction. A marshal’s notice is a very serious matter, and it must be addressed immediately. If you do not take any action to stop the eviction through the courts, the marshal will remove you and your property from the apartment on the date listed on the notice without any further notices or court hearings.

You will receive a marshal’s notice of eviction if you never answered a petition, and a default judgment was entered in favor of the landlord or if you answered a petition and a court order resulted or you entered into a stipulation and you did not comply with the order or stipulation. In order to stop or delay the eviction your lawyer will need to file and order to show cause to convince the judge why you should not be evicted. Depending on the

Facts of your case and the reasons for your default, a judge may or may not grant an order to show cause.

If the judge signs the order to show cause, the eviction cannot happen until the judge hears the case again in court on the hearing date. The judge has discretion to vacate a warrant of eviction, extend the time to pay or vacate, or deny the order to show cause on the hearing date.

At the Law Offices of Sergey Davydov, our experienced attorneys can help protect your rights as a tenant. Contact us today to learn more about how we can assist you in stopping an eviction and preserving your tenancy.

New York Real Estate Attorney Interviewed on RTVI - Prava arendatorov v N'yu-Yorke

Sun, 30 Jan 2022 18:36:00 GMT

The post Our TV Interview on RTVI appeared first on Laws Offices of Sergey Davydov .