5 Vital Things to Know About the Evictions Process in New York City
The eviction process can be a daunting and distressing experience for both landlords and tenants in NYC. And with one of the most cutthroat real estate markets in the entire country, it can be difficult for tenants to navigate, and it’s very important to have an educated landlord tenant lawyer on your side. As the top residential and commercial eviction lawyer in NYC, Mr. Raj Syed has helped countless clients all across the city dealing with unfair and unjust eviction proceedings to get the justice, and in some cases, the compensation they rightfully deserve. Regardless of having a quality landlord tenant attorney on your side, understanding the legal procedures and your rights during this challenging time is crucial. In this article, we’ll explore five essential things you should know about the evictions process in New York City.
Tenant Protections and Rights
New York City provides strong tenant protections to prevent unfair evictions and it’s very important you need to understand what is okay and what isn’t. According to Mr. Syed, the premiere restaurant eviction lawyer in NYC, the “Rent Stabilization Law” and the “Rent Control Law” regulate rent increases and tenancy terms in many residential properties. Additionally, tenants have the right to receive a “Notice of Eviction” before any legal action can be taken against them. Understanding your rights as a tenant is vital for effectively responding to eviction proceedings.
Grounds for Eviction
All too often, uneducated tenants are evicted for all types of reasons that simply aren’t valid in the state of NY. In New York City, landlords can only evict tenants for specific lawful reasons. Common grounds for eviction include non-payment of rent, violation of lease terms, illegal activities, or holdover cases where the lease has expired. Landlords must adhere to the correct legal procedures and provide proper notice to tenants before initiating eviction proceedings.
Eviction Notice Requirements
The type of eviction notice served to the tenant depends on the reason for eviction. For non-payment of rent, tenants are typically served with a “Three-Day Notice to Pay Rent or Quit.” In cases of lease violations or holdovers, landlords usually serve a “Notice to Cure or Quit” or a “Notice of Termination,” giving the tenant a certain amount of time to address the issue or vacate the premises.
The Role of Housing Court
If the tenant does not comply with the eviction notice or refuses to leave the property, the landlord must file a petition with the Housing Court to initiate formal eviction proceedings. According to Raj Syed, the top residential and commercial landlord tenant attorney in NYC, the court will schedule a hearing to allow both parties to present their case. It is highly recommended for both landlords and tenants to seek legal representation to navigate the complexities of the Housing Court process effectively.
Legal Defenses and Stalling Tactics
Tenants facing eviction have the right to defend themselves in court and landlords will work with their attorneys to use all types of tactics to keep them from winning the battle. Some common defenses include disproving the landlord’s claims, demonstrating a history of rent payment, or asserting violations of the landlord’s responsibilities. Tenants can also request a stay of eviction, which temporarily delays the process, allowing them additional time to secure new housing or resolve any outstanding issues.
The evictions process in New York City can be overwhelming and emotionally taxing for both landlords and tenants. Knowing your rights and understanding the legal procedures are essential for coming to a fair resolution. And with the help of an experienced residential and commercial litigation lawyer like Raj Syed, you will have the guidance and vital knowledge to come to a solid resolution, no matter which side of the coin you’re on. For more information about evictions and other landlord tenant issues, be sure to contact The Law Firm of Raj Syed today.
