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.
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]).
Many landlords feel a need to memorialize in writing almost every word exchanged with their tenants. But is having a written lease agreement really in the landlord’s interest?
In both Nassau and Suffolk County, when a landlord goes to court to evict a tenant, the landlord is seeking legal authority to have an enforcement officer physically remove the tenant from the rental premises, restoring possession to the landlord. The landlord is also seeking the authority to attach certain of the tenant’s assets to collect back rent due.
A Federal Court Judge in Central Islip held Wednesday that a group of Cablevision subscribers who filed a $450 million dollar class action lawsuit against Cablevision after they were denied the opportunity to watch part of the 2010 World Series were allowed to proceed with their breach of contract claim in their class action lawsuit.
Two things are certain about almost every landlord-tenant relationship: that the tenant will be required to deposit money with the landlord as security before moving in; and that the relationship will end at some point. So what happens to the security deposit? Generally, the landlord has a duty to return it to the tenant when he or she moves out. But not surprisingly, sometimes the tenant causes damages to the apartment. In those cases, the landlord will want to assert a claim to the security deposit to setoff the cost of repairing the damages. You may be surprised to learn that depending on how a landlord handles the security deposit, he or she may have no claim to it at all, and may have to return it in full to the tenant.
‘Tis the season for Suffolk County Police Academy recruitments, so it’s a good time to brush up on the options available when you are denied from a civil service position.
In Olszewski v Neuman, 2011 NY Slip Op 51287(U), a Nassau County District Court case, tenants sued their landlord for the return of their $2,100 security deposit. The tenants entered into a one-year written lease with their landlord commencing on May 1, 2010, and vacated the apartment on October 30, 2010, seven months before the expiration of the lease term.
What Constitutes a Wrongful Eviction?
“Wrongful eviction” is a term used to describe when a landlord takes steps to oust a tenant on his or her own without following correct legal procedure to lawfully evict a tenant. On occasion, instead of hiring a landlord tenant lawyer and seeking entitlement to the premises back through the legal system, a landlord tries to instead move all of the unwanted tenant’s belongings out of the rented premises once they cease paying rent. If a wrongful eviction occurs, not only will a wrongfully evicted tenant be allowed back into the premises, but under the Real Property Actions & Proceedings Law, the landlord could face severe financial penalties for their “self help” eviction.
The New York Attorney General recently announced the filing of felony charges against the owner of a New York debt collection company that targeted military personnel with credit card lawsuits and harassed active members of the military and their families. The investigation led to the filing of criminal charges against Stephanie Lowinger of Anderson Place in Buffalo, owner and operator of Neimen, Rona & Associates, formerly Morgan, Stone & Associates and now known as Gordon, Cappolli & Associates, all debt collection companies based in the Buffalo area. [Read more…] about Felony Charges Sought Against Owner of Debt Collection Company That Targeted Military Personnel With Credit Card Lawsuits