New York Eviction Lawyer Learning Center

November 26, 2017 By James D. Murtha, Esq. Leave a Comment

Can a Landlord-Tenant Judgment Adversely Impact My Credit?

As with most legal questions, the answer to this commonly asked question is it depends. Many tenants in Nassau County and Suffolk County who end up being respondents in our landlord-tenant eviction proceedings often ask this important question.

To properly answer this question, it is important to understand how judgments end up on your credit report in the first place. When someone is awarded a monetary judgment (a judgment for money) against you, they may do nothing with it, or they may seek to enforce it. If they wish to enforce it, they must first docket (file) the judgment with the county clerk. It is at this stage that your credit will be impacted, since the credit reporting agencies obtain information about monetary judgments from the county clerk’s office.
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November 25, 2017 By James D. Murtha, Esq. Leave a Comment

The Pitfalls of Post-Foreclosure Evictions in Nassau & Suffolk County

Purchasing residential homes that have been the subject of foreclose proceedings at court-ordered auctions is becoming more and more popular on Long Island. It is a fast way to acquire real property, often at an excellent price. But such purchasers are learning that when you buy a house in that way, you must often deal with the issue of removing the prior owners of the property who are still living in it.
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May 25, 2017 By James D. Murtha, Esq. Leave a Comment

Can I pay extra for an express eviction, or do something to evict my tenant faster?

Often, Suffolk and Nassau County landlords who call us looking to evict their tenant want to know what the fastest way possible to evict their tenant is. Unfortunately, there’s no such thing as an express or expedited eviction. You can’t pay extra to evict your tenant sooner. The timeframe to evict your tenant is established by the laws of the State of New York, and by the speed at which the courts in Nassau and Suffolk County function. If we are retained as your eviction lawyers, we typically begin the eviction process within 24 to 48 hours after being retained, which means we will have your tenant evicted within the fastest timeframe allowable by law.

May 20, 2017 By James D. Murtha, Esq. Leave a Comment

Do I still have to pay rent if my landlord’s house is in foreclosure?

If you are a tenant in Nassau County or Suffolk County, and you have discovered that the house owned by your landlord, where you reside and where your apartment is, is now in foreclosure, you still have a legal obligation to continue to pay rent. The view of the courts is that the landlord’s finances are none of a tenant’s business. If your landlord wants to take your rent money and go to Disneyland instead of paying the mortgage, that’s his business, and not yours. As long as you live there and the landlord still owns the house, you must pay rent to the landlord. If you don’t pay rent, your landlord can evict you.

May 15, 2017 By James D. Murtha, Esq. 1 Comment

How much does an eviction lawyer cost?

Most experienced landlord-tenant lawyers charge a flat fee for residential evictions. The customary fee for a residential eviction is generally in the range of $1,000 to $1,500 in Nassau and Suffolk Counties. Beware of lawyers who charge significantly more or significantly less than that. It may mean that they are not experienced landlord-tenant lawyers who regularly practice in that field. Also, beware of hidden or extra charges. Some lawyers may charge a low initial fee, and then bill you hundreds of dollars for each future court appearance. Not only do you almost always wind up paying more in the long run, but your case seems to always get adjourned to another court date, dragging out the eviction of your tenant. Generally, the only fee you should pay your eviction lawyer is his or her actual legal fee, and the cost of a process server to serve all required papers. At the Murtha Law Firm, we charge you one low flat rate, regardless of the number of court appearances, and regardless of whether we have to go to trial. We enjoy trials, because it means you’ll be walking out of the courtroom with a final decision on your eviction proceeding. And when your tenant sees that we mean business, reality usually sinks in, and we can often talk them into a settlement that is agreeable to the landlord.