James D. Murtha, Esq.

March 9, 2012 By James D. Murtha, Esq. Leave a Comment

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

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 the terms of the lease, or, where there is no lease, for almost any other reason, if proper notice to terminate the tenancy is given before an eviction proceeding begins.

March 9, 2012 By James D. Murtha, Esq. Leave a Comment

Have You Received a Town of Babylon Summons for Running a “Rooming House”?

Time to Think About Who the Members of Your Family are.

Yes, it is true. Plenty of people who have received summonses for violating the Town of Babylon Code have had their cases dismissed for various reasons. The Town of Babylon has a heavy burden to prove in court, and if you are informed of the law, and if you are armed with the right facts, it may be difficult for the Town to prove its case. In order to determine if your summons should be dismissed, you should first perform a careful legal analysis of your situation.

March 9, 2012 By James D. Murtha, Esq. Leave a Comment

In a Landlord Tenant Matter, What Constitutes a Valid Confession of Judgment?

What is a “confession of judgment?”

In landlord-tenant matters, a confession of judgment is an agreement that a tenant enters into, usually in court, in which he or she admits to some or all of the allegations of the landlord, and grants the landlord rights to enter a judgment against the tenant. In exchange for this “confession,” which saves the landlord the time and effort of having to go to trial, the landlord typically gives some concession as well, often in the form of allowing the tenant to stay in the premises until a particular date, holding off on enforcing the judgment.

July 10, 2011 By James D. Murtha, Esq. Leave a Comment

Trying to Evict your Long Island Tenant Yourself via a Holdover Proceeding or a Non-Payment Proceeding? Beware of These Pitfalls

Trying to evict your Long Island tenant yourself is not advisable due to the complexity of the legal issues and requirements involved (see here for details), but if you do attempt it on your own, here’s some general tips: