Owning rental property can be a worthwhile investment, but as virtually any landlord will tell you, it can also come with a wide range of legal problems that are difficult to handle without the assistance of an experienced attorney. Whether a tenant has stopped paying rent, violated the terms of a lease, refused to leave after the lease expired, or otherwise interfered with your ability to manage your property, you most likely have several pressing questions about what you are allowed to do next. Our firm is here to help. Contact a knowledgeable, skilled, and, when need be, aggressive Rockland County landlord lawyer from the Law Office of Peter A. Hurwitz, PLLC for comprehensive representation in your case. We have decades of experience representing landlords in Rockland, Westchester, and Orange Counties, as well as in NYC, and we’re here to put that experience to work for you.

Landlord Rights in New York

New York is widely considered a tenant-friendly state, but this does not mean that landlords are without important rights. Rather, landlords have the right to collect rent, enforce valid lease terms, protect their property, and, under certain circumstances, remove tenants who have failed to comply with their obligations. That being said, these rights must be exercised in accordance with New York law, and landlords generally cannot take matters into their own hands. Some of the most important rights New York landlords have are as follows:

The right to collect rent in the amount and on the date stated in the lease
The right to enforce lawful lease provisions
The right to screen prospective tenants in accordance with applicable discrimination and consumer reporting laws
The right to collect a lawful security deposit
The right to seek payment for property damage beyond ordinary wear and tear
The right to establish reasonable rules concerning occupancy, pets, parking, and property use
The right to enter rental property for repairs, inspections, emergencies, or other lawful purposes
The right to pursue an eviction when a tenant fails to pay rent or materially violates the lease
The right to recover possession of the property after obtaining the required court order
The right to seek unpaid rent or other damages through the court system

Rather importantly, landlords cannot simply change the locks, remove a tenant’s possessions, shut off utilities, or otherwise attempt to force a tenant out of the property without following the proper legal process.

Evictions

Eviction is the legal process through which a landlord seeks to remove a tenant and recover possession of rental property. Though many landlords assume that a clear lease violation should make the eviction process relatively straightforward, this is not always the case. New York landlords must satisfy detailed notice, filing, and service requirements before a tenant can lawfully be removed. Generally, the eviction process will involve the following:

Identifying the proper legal basis for the eviction
Preparing and serving any required notices
Filing a petition and notice of petition with the appropriate court
Properly serving the tenant with the court papers
Appearing in court and presenting evidence
Obtaining a judgment of possession
Securing a warrant of eviction
Having the warrant enforced by the appropriate law enforcement officer

It’s important to understand that a landlord cannot personally carry out an eviction, even after prevailing in court. Furthermore, if the wrong notice is used, the tenant is not properly served, or a required deadline is missed, the proceeding may be delayed or dismissed altogether.

Nonpayment Evictions

One of the most common reasons landlords seek to evict tenants is the nonpayment of rent. Simply put, when a tenant remains in possession of the property but fails to make the payments required under the lease, the landlord may have grounds to begin a nonpayment proceeding.

Before filing the case, the landlord will have to provide the tenant with the notice required under New York law, and if, at that point, the tenant still does not pay the amount owed, the landlord may then file a proceeding seeking both possession of the property and, depending on the circumstances, a judgment for unpaid rent. Nonpayment cases can involve several issues, including the following:

Calculating the amount of rent owed
Preparing and serving the required rent demand
Responding to claims that rent was already paid
Addressing habitability or repair-related defenses
Negotiating payment plans or settlement agreements
Pursuing a judgment for rent arrears
Seeking a warrant of eviction

That being said, you should note that tenants may raise various defenses during a nonpayment proceeding, even when a substantial amount of rent is owed. For example, a tenant may claim that:

The landlord failed to make necessary repairs
The landlord improperly calculated the balance
The landlord did not serve the required notice.

A seasoned landlord lawyer can ensure everything is well-documented and handled in accordance with the law to best combat these defenses.

Holdover Proceedings

In some cases, a tenant may continue paying their landlord while still violating the lease agreement, or the lease may have already expired and the tenant simply refuses to leave. These cases are generally handled through holdover proceedings. A landlord may bring a holdover proceeding when:

A lease has expired and the tenant remains in possession
A month-to-month tenancy has been properly terminated
A tenant has committed a material lease violation
Unauthorized occupants are living in the property
The tenant is using the property for an unlawful purpose
The tenant is creating a nuisance
The tenancy has otherwise been lawfully terminated

Holdover cases can be more complicated than they initially appear because the notice requirements will depend on the basis for terminating the tenancy. A landlord seeking to remove a month-to-month tenant, for example, may face different requirements than a landlord seeking to evict someone for a substantial lease violation.

Residential Lease Drafting

A residential lease is one of the most important documents a landlord can have, as it establishes what both the landlord and tenant are expected to do throughout the tenancy. Unfortunately, many landlords use generic forms found online without knowing whether those forms comply with New York law or adequately protect the property owner’s interests. This can create serious problems when disputes crop up. A properly drafted residential lease may address the following:

The amount of rent and when it is due
Acceptable payment methods
Lawful late fees
Security deposit requirements
Maintenance and repair responsibilities
Rules concerning pets
Occupancy limits
Parking and storage
Utility obligations
Property access
Lease renewal and termination
Prohibited conduct
Remedies for lease violations
Attorney fee provisions, when legally enforceable

Being that every landlord-tenant relationship is different, it’s important that you have an attorney who can draft up an agreement made for your specific property, rather than use a contract compiled from a generic template.

Contact a Landlord Lawyer in Rockland County & New York City Today

Whether you are dealing with a tenant who has stopped paying rent, preparing to file an eviction, or looking to create a residential lease that better protects your property, the Law Office of Peter A. Hurwitz, PLLC is prepared to assist you. Contact an experienced landlord lawyer from our dedicated legal team today.