Eviction FAQs

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.

May 10, 2017 By James D. Murtha, Esq. Leave a Comment

What is a tenant eviction notice and do I have to serve one to evict my tenant?

Generally, when someone refers to a “tenant eviction notice,” they are referring to a 3 or 30-day notice, sometimes required by law to be served on the tenant in a particular manner before the court will allow you to commence an eviction proceeding. This type of notice requirement mandates that the landlord serve the tenant with notice to either pay the rent or vacate the premises within 3 days; or that their tenancy is terminated as of a certain date. The content of such notices is strictly governed by law and they must be served in a very particular manner within a very particular timeframe, or your petition will be dismissed by the court. Whether you are required to serve one of these notices depends on several factors, such as the type of eviction proceeding you want to bring. If you’re unsure whether a predicate notice is required to evict your tenant, give us a call and ask us. We’ll be happy to help.

May 3, 2017 By James D. Murtha, Esq. 1 Comment

How long does a tenant eviction take?

The length of time it takes to evict a tenant in Suffolk County or Nassau County, New York, depends on several factors, including the type of eviction proceeding and the venue the proceeding is filed in. In Nassau County, it could take 45 days or more from the date the action is commenced. In Western Suffolk County, it generally takes about 30 days. In Eastern Suffolk, it could take less than 30 days. The general rule is that the closer the venue is to New York City, the longer the action takes. And generally, hold-over proceedings take longer than non-payment proceedings, because predicate notices typically must be served on the tenants before the action can be commenced.

May 1, 2017 By James D. Murtha, Esq. Leave a Comment

What is a holdover proceeding?

A holdover proceeding is one of the two types of eviction proceedings in New York that allow a landlord to evict his or her tenant. It allows a landlord to recover possession of the property from the tenant based on reasons OTHER than the failure to pay rent. If you’re simply looking to evict a tenant based solely on their failure to pay rent, and you don’t mind if he stays as a tenant if he pays all the back rent in full, then you may want to consider a nonpayment proceeding instead of a holdover proceeding.

April 30, 2017 By James D. Murtha, Esq. 3 Comments

What is a non-payment proceeding?

A non-payment proceeding is a type of eviction proceeding where the landlord is seeking to evict the tenant based on the tenant’s failure to pay rent. In a non-payment proceeding, the money sought by the landlord must be rent or additional rent only, not money for repairs or damages; and it must have accrued in the past 6 months only. You cannot collect back rent from more than six months ago. This is known as the doctrine of stale rent, or more properly, “laches,” and it is like a statute of limitations on lawsuits for rent. The landlord must also have either demanded the rent from the tenant, or had a 3-day notice served on the tenant, before bringing a non-payment proceeding. The 3-day notice essentially demands that the tenant pay all of the back rent in full within 3 days, or move out. It lets the tenant know that if he does neither, the landlord will evict him. At the expiration of the 3-day timeframe, if the tenant still has not paid all rent due and owing, or moved out, the landlord may file a non-payment proceeding.

April 25, 2017 By James D. Murtha, Esq. Leave a Comment

What is the procedure to evict a tenant in Nassau County District Court?

Like Suffolk County, evicting a tenant in Nassau County can be a complicated matter, and if any mistakes are made, chances are they will result in your petition being dismissed, and the tenant being allowed to remain in possession of the apartment. As such, if you are a landlord looking to evict your tenant in Nassau County, New York, the first step I would recommend is that you call an eviction lawyer that regularly practices in Nassau County for a consultation. Our firm happens to offer free telephone consultations to Nassau County landlords. During this consultation, the attorney you speak with will help you decide whether you need to bring a non-payment proceeding or a hold-over proceeding to remove your tenant, and can help determine if there are any notices required by law that may have to be served before you initiate an eviction proceeding to remove your tenant.

April 18, 2017 By James D. Murtha, Esq. Leave a Comment

What is the procedure for evicting a tenant in Suffolk County? What Suffolk County court do I evict my tenant in?

Evicting a tenant in Suffolk County can be a complicated matter, and if any mistakes are made, chances are they will result in your petition being dismissed, and the tenant being allowed to remain in possession of the apartment. As such, if you are a landlord looking to evict your tenant in Suffolk County, New York, the first step I would recommend is that you call an eviction lawyer based in Suffolk County for a free consultation. Our firm happens to offer free telephone consultations to landlords. During this consultation, the attorney you speak with will help you decide whether you need to bring a non-payment proceeding or a hold-over proceeding to remove your tenant, and can help determine if there are any notices required by law that may have to be served before you initiate an eviction proceeding to remove your tenant.

April 10, 2017 By James D. Murtha, Esq. Leave a Comment

What is an eviction lawyer, and why would I want to hire a lawyer that specializes in evictions instead of a real estate or other lawyer?

Landlord-tenant law in New York is a very complex and specific area of law. Its many technical features are difficult to navigate, and in many cases, are unknown, even to lawyers experienced in other fields. While representing oneself in an eviction matter is not recommended, being represented by a lawyer who “dabbles” in landlord-tenant law may be even more problematic, and may even delay the eviction of your tenant. If you intend to retain a lawyer for your eviction matter, always make sure you choose an experienced landlord-tenant lawyer. Please visit our website to learn more about how we can help you.