Eviction Solutions for Landlords in New York: Protecting Your Rights
Effective Solutions for Protecting Your Landlord Rights
Evicting a tenant in New York can be a complex and time-sensitive process.
When tenants fail to pay rent, damage your property, or disrupt other residents, acting quickly is crucial.
Our law firm helps landlords navigate eviction proceedings while protecting their property and rights.
We handle:
- Residential and commercial evictions
- Nonpayment and holdover proceedings
- Eviction filings, negotiations, and hearings
- Post-eviction matters, including orders to show cause
- Landlord-tenant court representation
- Addressing expired leases and tenant lawsuits
- Preparing documents to safeguard your property
Evicting a Tenant for Nonpayment of Rent
If your tenant has stopped paying rent, you may need to pursue a nonpayment proceeding to evict them. This type of eviction focuses on a tenant’s failure to meet their rent obligations, providing a relatively quick legal remedy. However, if the tenant pays the outstanding rent during the proceeding, the eviction may be dismissed.
A holdover proceeding is an option if rent is unpaid and you want the tenant out regardless of future payments. Holdover evictions apply when a tenant stays beyond their lease term or engages in disruptive behavior. Deciding between a nonpayment or holdover proceeding depends on your goals as a landlord.
When to File a Holdover Proceeding
A holdover proceeding is ideal if your tenant:
- Stayed after the lease expired
- Is violent or disruptive
- Is a squatter, licensee, or former employee living on the property
A holdover eviction may take slightly longer, but it ensures you regain possession of your property, even if the tenant offers to pay overdue rent during the proceedings. If you want to remove a tenant, no matter what, a holdover eviction may be the best option.
Prerequisites for Filing an Eviction for Nonpayment
Before filing an eviction for nonpayment, certain conditions must be met:
- You must own the property.
- The occupant must be a tenant.
- For one-family homes, the property must have no more than two units.
Ensure you know whether the tenancy is based on a written or oral agreement. If the lease has expired, a month-to-month tenancy may apply, and all notice requirements must be fulfilled before starting the eviction process.
Evicting a Holdover Tenant
A holdover tenant stays in the property past the lease’s expiration. You can either accept rent as a month-to-month tenancy or evict the tenant for “holding over.” To remove a holdover tenant, you must serve them with a predicate notice and file a holdover petition in court if they don’t vacate the premises within the notice period.
Evicting Violent or Disruptive Tenants
If a tenant is threatening other residents or violating lease terms, filing a holdover proceeding may be your best solution. This allows you to evict the tenant even if they have been paying rent on time. A holdover proceeding provides a legal way to restore peace and safety to your property.
How Long Does It Take to Evict a Tenant?
The timeframe for evictions varies. For instance, a squatter may require a 10-day notice, while a former tenant could need a 90-day notice. Once the court proceeding begins, it typically takes between 30-60 days for a judgment, depending on the court’s location and other factors. Rest assured, our law firm moves quickly to minimize your downtime and loss of rental income.
Contact Us for Professional Eviction Assistance
At our law firm, we understand how eviction delays impact your investment. We provide swift, effective legal strategies to help you regain possession of your property. Whether you’re facing a nonpayment or holdover tenant situation, we can help you navigate the process and protect your rights. Don’t wait—contact us for a free consultation today.
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