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. […]

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 […]

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 […]