New York Eviction Lawyer Learning Center

April 3, 2017 By James D. Murtha, Esq. Leave a Comment

Can I evict my Section 8 tenant? How do I evict a Section 8 tenant in Nassau County or Suffolk County, New York?

If you are a landlord of a Section 8 apartment, and you need to evict your Section 8 tenant, the procedures are much more intricate than evicting a regular tenant.

The Section 8 program allows private landlords to rent apartments and homes at fair market rates to qualified low income tenants, with a rental subsidy administered by Home Forward. “Section 8” is a common name for the Housing Choice Voucher Program, funded by the U.S. Department of Housing and Urban Development.

Section 8 tenants are subject to the same eviction laws as non-Section 8 tenants, with certain exceptions. For example, in a Section 8 eviction, the local Section 8 agency providing benefits must receive a copy of all the papers served, and must be furnished with a description of the grounds for the eviction. The petition in a Section 8 eviction proceeding must contain certain special language as well. The timeframe for evicting a Section 8 tenant in the courts of Nassau County and Suffolk County are the same as regular eviction proceedings, however the additional language required and the additional steps that must be taken make Section 8 evictions more complicated for someone who is inexperienced with Section 8 evictions.

April 3, 2017 By James D. Murtha, Esq. Leave a Comment

Eviction FAQs: I would like to know how to evict a tenant. Can you explain the procedure to me?

In New York, there are essentially two ways you can evict your tenant. The first is a non-payment proceeding. This is when the tenant stops paying rent, and you want to evict him based on his failure to pay rent. In a non-payment proceeding, the landlord is primarily concerned with money. If the tenant shows up to court and pays all the back rent claimed by the landlord, the non-payment proceeding will be dismissed, and the tenant will be allowed to stay in the apartment. This is commonly referred to as, “pay and stay.”

The second type of eviction proceeding is a hold-over proceeding. A hold-over proceeding is when a landlord wants to evict a tenant even if the tenant pays the rent on time. A hold-over proceeding is based on any lawful reason other than the failure to pay rent. This can occur after the expiration of a lease term if the landlord is not interested in renewing the lease and the tenant refuses to move, or if the tenant pays rent on time but there is some other issue, like if the tenant violates the terms of the lease, throws loud parties and disturbs the neighbors. If you just want your tenant to leave, even if he or she pays the rent in full, you probably want to initiate a holdover proceeding to evict your tenant.

The procedures for initiating both types of actions are highly technical, and I’ll discuss each in further detail in future videos. Decide if a non-payment proceeding or a hold-over proceeding is best for you, and watch more of our videos or visit our website to learn more. As always, you can give me a call, right now, to discuss the best way to evict your tenant.

March 8, 2017 By James D. Murtha, Esq. 1 Comment

A Tip For New York Tenants Who Fail to Pay the Rent

It is not uncommon for tenants to fall behind from time-to-time in paying rent. It is also quite normal for tenants to be a little late from time-to-time in paying rent. But occasionally a tenant falls so far behind that the end of the landlord-tenant relationship becomes inevitable.

There are three approaches tenants tend to take when confronted with this scenario, only one of which is correct. [Read more…] about A Tip For New York Tenants Who Fail to Pay the Rent

March 8, 2017 By James D. Murtha, Esq. 2 Comments

Common Landlord Tenant & Eviction Terms

Thirty-Day Notice of Termination – A notification, pursuant to Real Property Law § 232-b, by a landlord to a tenant, or by a tenant to a landlord, that either elects to terminate a month-to-month tenancy. The notification must be made at least one month prior to the end of a monthly term, before a hold-over action can be brought to evict a month-to-month tenant.

March 8, 2017 By James D. Murtha, Esq. 7 Comments

Can a Landlord Collect Rent on an Illegal Apartment in Nassau County or Suffolk County?

The simple answer is YES.

Courts, for a long time, were split on this issue. As most seasoned landlord-tenant attorneys know, the Nassau County District Court has traditionally held that so long as the property is being used in conformity with its certificate of occupancy, a landlord may recover rent. Eviction actions based on non-payment of rent in Nassau County were generally not dismissed even where the rental was in violation of the certificate of occupancy, but the Court would simply not award a monetary judgment in such cases, granting only possession.

March 8, 2017 By James D. Murtha, Esq. 2 Comments

Can a Landlord Enter a Tenant’s Apartment Without the Tenant’s Permission?

This seems to be a common question that landlords ask once it becomes apparent that they will soon have to evict their tenant. Landlords become concerned with possible damage being done to the apartment, and want to inspect its condition before the tenant moves out. But it’s important for landlords to understand that they DO NOT have the authority to enter their tenant’s apartment without the tenant’s permission, unless there is a specific reservation in the lease entitling them to do so, or unless exigent circumstances exist, such as pipes bursting or a fire, which would require immediate attention.

March 8, 2017 By James D. Murtha, Esq. 3 Comments

What Is a Landord-Tenant Judgment and Warrant of Eviction?

When a landlord brings an eviction action, whether it is a non-payment action or a hold-over, and is successful, he or she will be awarded a landlord-tenant judgment. A landlord-tenant judgment is a judgment of possession. In other words, it awards the landlord possession of the premises. It can also include a monetary judgment for back rent. All judgments are enforced by the county sheriff.

March 7, 2017 By James D. Murtha, Esq. 1 Comment

The Long Island New York Eviction Process

Most landlords will eventually be confronted with the eviction process when they have to evict a tenant, either for non-payment of rent or for other violations of the lease agreement. When dealing with an eviction, there are some important steps a landlord should remember.

March 7, 2017 By James D. Murtha, Esq. 9 Comments

What is an Article 78 Proceeding, and How Do I Bring One?

What is Article 78?

Article 78 is the article of the Civil Practice Law and Rules (CPLR), which establishes the procedure for challenging the determinations of administrative agencies, public bodies or officers. These include every court, tribunal, board, corporation, officer, or other person, or aggregation of persons (CPLR 7802 [a]).

November 24, 2013 By James D. Murtha, Esq. Leave a Comment

Can Mortgage Payments Can Constitute Rent?

One of the most important factors in determining how to evict someone is whether the person to be evicted ever paid any amount of money in exchange for his or her occupancy. The reason for this relates to the fact that there are essentially two mechanisms for eviction: the non-payment proceeding and the hold-over proceeding. The non-payment proceeding is limited to landlords seeking to evict tenants for having unjustly failed to pay rent; the hold-over proceeding is used for all other types of evictions and is not limited to landlord-tenant relationships. Since different procedural predicates are required in hold-over proceedings based on the particular relationship of the occupant to the property, it is crucial to know what type of proceeding to bring.