Mortgage Payments Can Constitute Rent

holdover proceeding

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. […]

Landlords, Think Twice About Signing a Written Lease With Your Tenant.

lease for tenant

     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?      Written agreements are vital in commercial leases, and they are important for corporate landlords who own apartment complexes.  But for the most common […]

Landlord Tenant Eviction Process: How To Enforce a Judgment of Possession and a Warrant of Eviction

landlord tenant new york

     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 […]

Landlords: What You MUST Do With Your Tenant’s Security Deposit if You Want the Right to Claim it for Damages

security deposit

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 […]

Loan Modification & Foreclosure Lawyers on Long Island Sued for Scamming Clients

foreclosure defense

     Foreclosure defense and loan modification assistance is a popular new business due to the economy. But do you need a lawyer or a loan modification company to assist you if your home is in foreclosure?      The answer is no, you do not need a lawyer, and certainly not a private company […]

What Duty Does a Landlord Have to Make Repairs if a Tenant Complains?


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 […]

Can a Tenant Recover Money By Suing the Landlord After a Wrongful Eviction?


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 […]

Landlord Tenant Lawyer Evicts Tenant for Non-Payment of Rent Even Though Apartment is Illegal


     Tenants who are being evicted from their apartment by the homeowner’s landlord tenant lawyer for failing to pay rent frequently believe that if they tell the judge the apartment they are renting is “illegal,” i.e., the landlord does not have a rental permit, then the eviction proceeding will be dismissed. This issue, which […]

Can You Evict a Dangerous Tenant In New York Even If He Pays His Rent On Time?


     Every tenancy is unique, and the terms under which a New York landlord tenant lawyer is allowed to terminate a tenancy is typically specified in the parties’ lease.  Absent contrary terms in a written lease, a landlord is allowed to terminate a tenancy if the tenant stops paying rent, if the tenant violated […]

Have You Received a Town of Babylon Summons for Running a “Rooming House”?


Time to Think About Who the Members of Your Family are.      Yes, it is true.  Plenty of people who have received summonses for violating the Town of Babylon Code have had their cases dismissed for various reasons.  The Town of Babylon has a heavy burden to prove in court, and if you are […]