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Posts tagged with "Eviction Notice"

What Landlords Must Know Prior To Filing For Eviction

By: Undisputed Legal/Eviction Service Department

A tenant with a lease is protected from eviction during the lease period so long as the tenant does not violate any substantial provision of the lease or any local housing laws or codes. For both regulated and unreg- ulated apartments, landlords must give formal notice of their intention to obtain legal possession of the apartment.

Unless the tenant vacates the premises by a specified date, the landlord may commence eviction proceedings through: (a) a summary non-pay- ment court proceeding to evict a tenant who fails to pay the agreed rent when due and to recover outstanding rent; or (b) a summary holdover proceeding for eviction if a tenant significantly violates a substantial obligation under the lease (such as using the premises for illegal pur- poses, or committing or permitting a nuisance) or stays beyond the lease term without permission (Real Property Actions and Proceedings Law (RPAPL § 711).

 

How To Evict A Month To Month Tenant In New York

By: Undisputed Legal/Eviction Service Department

Renters who do not have leases and pay rent on a monthly basis are called “month-to-month” tenants. In localities without rent regulation, tenants who stay past the end of a lease are treated as month-to-month tenants if the landlord accepts their rent (Real Property Law § 232-c).

A month-to-month tenancy outside New York City may be terminated by either party by giving at least one month’s notice before the expiration of the tenancy. For example, if the landlord wants the tenant to move out by November 1 and the rent is due on the first of each month, the landlord must give notice by September 30. In New York City, 30 days’ notice is required, rather than one month.

Landlords do not need to explain why the tenancy is being terminated, they only need to provide notice that it is, and that refusal to vacate will lead to eviction proceedings. Such notice does not automatically allow the landlord to evict the tenant. A landlord may raise the rent of a month-to-month tenant with the consent of the tenant. If the tenant does not consent, however, the landlord can terminate the tenancy by giving appropriate notice. (Real Property Law § 232-a and § 232-b).

For information on our Eviction Service visit www.undisputedlegal.com.  Open Monday – Friday 8am-8pm.  “When you want it done right the first time” contact undisputedlegal.com

New York Eviction Laws On Holdover Cases

Holdover Summary Proceeding – generally used to refer to any summary proceeding brought to evict on some basis other than for non-payment. 

Expiration or Termination of Lease – RPAPL §711(1) provides the fundamental authority for a holdover proceeding, and authorizes the maintenance of a summary eviction proceeding against a tenant who “continues in possession … after the expiration of his term without the permission of the landlord”. This applies to the tenant whose lease has expired by operation of law or because the lease has been terminated by operation of a conditional limitation in the lease. The terms of the lease control. The lease cannot be terminated for reasons other than those allowed under the lease (ie. No termination for “objectionable conduct” unless there is a provision in the lease authorizing such termination. See Perrotta, 98 AD2d 1, 469 NYS2d 504; Levesque, 106 Misc2d 432, 430 NYS2d 482). 

Rent / Use and Occupancy – Petitioner may seek rent for a period prior to the end of the tenancy and U&O for the period respondent “holds over”. The amount of U&O is set by the Court, but is generally set at the amount of the rent. 

What Is the Tenant Blacklist?

Tenants named in Housing Court hold- over and nonpayment proceedings end up on what is called the “tenant black- list.” The New York State Office of Court Administration (OCA) sells Housing Court data to tenant screening companies. These companies use this data to make reports about tenants. Landlords then use the reports to decide whether to rent to you. Most landlords will not rent to you if you have ever been in Housing Court. If your name appears in the Housing Court’s database, it can be difficult to find a new rental in New York City and other cities across the country.

How Tenant Blacklisting Works

The OCA sells data about eviction cases brought in the New York City Housing Court to “tenant screening bureaus” (TSBs).

Landlord/Tenant Laws

Landlord/Tenant laws are designed to protect both parties in residency agreements for both commercial and residential properties.  They can be quite complex.  These laws vary greatly from state to state but, as a general rule, each will have a section outlining the rights, restrictions, and expectations of the tenant and another similar section devoted to the landlord.

Some of the across-the-board regulations include:

•Landlords must give tenants notice before entering a rental premises (generally one to two days)

•Tenants must uphold certain maintenance obligations

•Tenants are responsible for the behaviors of any and all guests they invite to the property

•The agreement can’t be changed without the permission of both parties involved (or failing that the due diligence of one party to meet specified guidelines for amending the agreement)

•Landlords and tenants can terminate a rental agreement for a variety of reasons but termination must be preceded by verbal or written notice of intent

While these laws were put on the books with the intent of giving both parties a level playing field, landlords generally have access to a larger amount of resources (financial or otherwise) which may aide them in the event of a dispute. Continue reading

3 Eviction Mistakes Landlords and Tenants Make

EVICTION SERVICE

1. Not evaluating whether you really have a case.

Whether you are the party seeking damages or the party presumed to owe money, you must know:

The ins and outs of your lease agreement

The laws in your state

Does your lease state that you, the tenant, must give notice in writing 30 days before moving out, and you never gave it? Does your lease state that you, the landlord, must do requested repairs in a timely fashion but you never did? Honestly evaluate whether you have violated the terms of the contract. Continue reading

What Are Grounds For Evicting A Tenant?

EVICTION SERVICE

N.Y. ADC. LAW § 27-2009 : NY Code – Section 27-2009:

Any conviction of a tenant for violation of this code which: (1) Results from wilful or grossly negligent conduct and causes substantial damage to the dwelling units; or (2) Results from repeated or continued conduct which causes damage to the dwelling unit or substantially interferes with the comfort or safety of another person; or (3) Consists of an unreasonable refusal to afford access to the dwelling unit to the owner or his or her agent or employee for the purpose of making repairs or improvements required by this code, shall constitute grounds for summary proceedings by the owner to recover possession of such dwelling unit from the tenant.

For more information on Eviction Service visit www.undisputedlegal.com or Call 1-800-774-6922  Open Monday-Friday 8am.-8pm.  “When you want it done right the first time” contact Undisputedlegal.com.

NEW YORK EVICTION LAWS

EVICTION SERVICE

N.Y. ADC. LAW § 26-408 : NY Code – Section 26-408:

a. No tenant, so long as he or she continues to pay the rent to which the landlord is entitled, shall be removed from any housing accommodation which is subject to rent control under this chapter by action to evict or to recover possession, by exclusion from possession, or otherwise, nor shall any person attempt such removal or exclusion from possession notwithstanding the fact that the tenant has no lease or that his or her lease, or other rental agreement, has expired or otherwise terminated, notwithstanding any contract, lease agreement, or obligation heretofore or hereafter entered into which provides for surrender of possession, or which otherwise provides contrary hereto, except on one or more of the following grounds, or unless the landlord has obtained a certificate of eviction pursuant to subdivision b of this section: Continue reading

Guide To Understanding Landlord/Tenant Laws

Written by Matt Faustman

The Comprehensive Guide To Understanding Landlord/Tenant LawsLandlord/Tenant laws are designed to protect both parties in residency agreements for both commercial and residential properties.  They can be quite complex.  These laws vary greatly from state to state but, as a general rule, each will have a section outlining the rights, restrictions, and expectations of the tenant and another similar section devoted to the landlord.

Continue reading

Choosing the Right Process Server Agency

Finding a Process Server Agency can feel like a very intimidating task, especially when you justice-423446_640haven’t ever had the need to do so before.  The process of how to determine which Process Server Agency to call, and then how to figure out if they’re the right fit for your case is sure to be an important one, and there can be no doubt that you want to get it right.  There are a couple of things that you should keep in mind as you look for the Process Server Agency that is right for you.

First, your Process Server Agency should be familiar with with the kind of case you have.   Many Process Server Agencies, like Undisputed Legal Inc., offer a variety of services and staff with more experience in Process Service, Court Service, Eviction Service, Skip Trace Service & Subpoena Service.  Taking advantage of a Free quote can be a great way to get a feel for what services Undisputed Legal Inc. can offer you, and whether or not they treat you as a person or case number.

This idea of being more that a case number is important because it can change the way the Process Server Agency handles your case.  Undisputed Legal in particular has personable customer service standards that makes it clear that you are a priority to their business.  This is so often the case because they have a feel for the struggles of that given area, and are invested in the well being of the people who seek out their help.  If you’ve been less than impressed by a Process Server Agency, you should feel free to find a different Process Server Agency without feeling guilty.  You are a person of worth, and your Process Server Agency should recognize this and treat you accordingly.

Your case is individual, and your Process Server Agency should treat it as such.  By using the knowledge and experience that they have gained in cases similar to yours, Your Process Server Agency should be able to give you useful information as you proceed through whatever legal steps your case requires.  With Undisputed Legal you can expect a more pleasant and effective legal experience with less stress and confusion along the way.

For more information on Process Service, Eviction Service, Skip Trace Service & Subpoena Service visit www.undisputedlegal.com or call us at 1-800-774-6922 for a free quote today.