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Exceptional Legal Representation Throughout
Long Island and New York, Since 1993.
Landlord-Tenant Litigation enables individuals or businesses to resolve disputes related to leased or rented property. These issues often involve critical matters such as eviction or the collection of significant overdue rent. Since the outcome is crucial for both parties, it is highly recommended that Landlord-Tenant Litigation be handled by an experienced attorney whenever possible.
Landlord-Tenant Lawyer – Providing landlord representation and tenant defense in Brooklyn and Queens
Landlord-Tenant Law is a key area of expertise for our firm, where we defend both landlords and tenants in various legal proceedings before the Landlord-Tenant Court and the New York Supreme Court. Whether dealing with eviction or collecting large amounts of overdue rent, Landlord-Tenant Litigation offers individuals and businesses a way to resolve disputes related to leased or rented property. Given the significant outcomes of these cases, it is crucial that Landlord-Tenant Litigation be handled by an experienced attorney whenever possible. These disputes have the potential to greatly affect both parties and may involve various issues, including:
Traditional and Non-Traditional Residential Rental Agreements
Landlord-tenant disputes are common in traditional lease agreements for rented apartments, rooms, houses, or other residential spaces. However, they can also arise in non-traditional situations, such as rented rooms, basements, or month-to-month rentals without formal leases. Even when not permitted by town or local ordinances, these arrangements can still fall under landlord-tenant court jurisdiction.
Holdover Tenants from Foreclosure Sales
Following a foreclosure auction and sale, the previous owner no longer has legal rights to the property and is considered a “holdover tenant.” The buyer at the foreclosure sale can initiate an eviction action to remove the former owner. While the previous owner may not be legally required to vacate immediately, they can face eviction through the Landlord-Tenant Court. If there are no acceptable offers at the foreclosure auction, the mortgage holder may become the new property owner and can seek an eviction order.
Cooperative Apartment Litigation
In cooperative apartments, residents do not own the property as in a condominium; instead, they own shares and lease their apartments under private leases. These cases are typically actions for eviction initiated by the Coop Board.
Commercial Rental Space
Commercial rental spaces are typically leased by businesses rather than individuals, and disputes in this area are often more complex. Commercial lease litigation involves a greater likelihood of financial loss or gain, and the courts tend to be stricter with both landlords and tenants. Cases often focus on the landlord’s ability to reduce damages and the tenant’s personal liability under a personal guarantee, which may be limited by a “good guy clause.”
Issues Litigated in Landlord-Tenant Court
Landlord-Tenant Court is where most lease-related cases are handled. The state supreme court is the venue for cases involving significant exceptions, such as bankruptcy or matrimonial cases. Additionally, leases may contain clauses for mediation, arbitration, or jurisdictional agreements in case of disputes. Beyond rent collection and evictions, issues in Landlord-Tenant Court can also involve building infractions, inadequate building services, and compliance problems such as habitability, nuisance, or constructive eviction.
If a case is dismissed, the court may view certain defenses as waived, making it more difficult to defend the lawsuit in the future.
In addition to handling non-payment of rent cases, the attorneys at the Office of Ronald D. Weiss have extensive experience in managing cooperative eviction actions for violations of proprietary leases, bylaws, or house rules. They are also skilled in dealing with holdover/eviction actions, nuisance eviction actions, harassment cases, and other related actions.
Before taking further action, the landlord must decide whether their priority is eviction or collecting rent. If the goal is to collect rent, the process is referred to as a “non-payment action.” The landlord must serve a 14-day written demand for rent before initiating a Non-Payment action. Furthermore, if the rent is five days overdue, the landlord is required to send the tenant a written notice via certified mail informing them of the unpaid rent. A non-payment lawsuit may be dismissed if the landlord fails to serve these notices or does not serve them properly.
A “holdover action” refers to the landlord’s attempt to regain ownership of the property. The basis for the holdover action determines the type of notice required. Typically, a holdover case is initiated due to one of the following: the lease term expiring, a post-foreclosure situation, or a violation of the cooperative’s proprietary contract, laws, or house rules.
The landlord must provide either a 30-day, 60-day, or 90-day notice if the lease term has ended. The duration of the tenant’s occupancy and the length of the expired lease determine the notice period:
For tenants occupying a property acquired through foreclosure, the new owner must first deliver a 10-day notice to quit, along with a certified copy of the referee’s deed. Additionally, a 90-day notice must be provided to the previous owner’s tenant if they are still residing on the property.
These notices must be delivered physically, by letter, by mail, or by service on an adult person. If a notice is merely left on someone’s doorway, it would be considered improper service, and a motion to dismiss the holdover action could be filed.
The Petition is the document that initiates proceedings in Landlord-Tenant Court. Typically, the Respondent is the tenant or occupant of the property, while the Petitioner is the property owner or landlord. All adults residing on the property must be served by the petitioner. If the petitioner is unaware of the tenants’ identities or names, they may use “John Doe” or “Jane Doe.” It is crucial to consult and hire an attorney immediately if any court documents are received, as an Answer or Motion to Dismiss must be filed.
Holdover and non-payment actions are common Housing Court cases. In a non-payment case, the petitioner may seek rent arrears and potentially obtain a money judgment and a judgment of possession, which could lead to the tenant’s eviction. A holdover action, however, is often considered safer for the landlord as it allows for the recovery of property control without relying solely on financial recovery, which may be hindered by tenant bankruptcy or an inability to pay a money judgment.
When a tenant or occupant partners with our experienced landlord/tenant attorneys for a non-payment or holdover case, we gather all necessary information to create a strategy aimed at securing the best outcome. With thirty years of experience in Housing Court, our attorneys not only provide legal counsel but also strategically manage the action to maximize results.
Chapter 7 is the most commonly filed type of bankruptcy because it eliminates debt through discharge. However, not everyone qualifies for Chapter 7 due to specific eligibility requirements. The primary factor in determining eligibility is the means test, which compares a client’s income to the median income of a household of the same size in New York State. This test evaluates whether an individual earning above the median income can still qualify based on their necessary expenses, which must be verifiable and are subject to IRS guidelines. The means test examines a client’s earnings, allowable expenses, and essential outlays over the six months preceding the bankruptcy filing. To be eligible for Chapter 7, the client must have a negative budget—excluding payments on debts that would be discharged—and a negative disposable income as determined by the test.
If a client does not qualify for Chapter 7 but has positive disposable income under the means test and budget test, they may be eligible for Chapter 13. This option allows them to repay a portion of their debts over a five-year plan, providing an alternative form of debt relief without being required to file for Chapter 7.
Beyond income restrictions, Chapter 7 also has non-official limitations related to the equity in a client’s assets. If a client has significant unprotected equity in property such as a home, car, or an inheritance, a Chapter 7 trustee could potentially liquidate those assets to repay creditors. Even if liens and exemptions provide some protection, clients with substantial exposed equity may want to reconsider filing under Chapter 7.
For small businesses, Subchapter V of Chapter 11 provides a streamlined reorganization process that is more efficient and cost-effective compared to a traditional Chapter 11 case. This option bridges the gap between Chapter 11 and Chapter 13, offering businesses a more practical path to financial restructuring.
Determining which bankruptcy chapter is the best fit requires careful planning. Consulting with a bankruptcy attorney can help individuals and businesses make informed decisions based on their unique financial situations. Contact us today for a free consultation.
Clients of The Law Office of Ronald D. Weiss, P.C.—whether individuals or businesses—may face eviction from their landlord. One way to respond to an eviction lawsuit is to contest it in court. Our firm can assist clients in answering the petition that initiates the landlord-tenant lawsuit, which must be done promptly after the petition is served.
Response/Pre-Response
Knowledge of both the facts and the law is essential when filing a Motion to Dismiss. At this stage, the tenant or occupant has the opportunity to raise any defenses. If a defense is not raised at this time, it may be waived and cannot be introduced later. For example, if the Petition and Notice of Petition were not served properly—whether by personal service, service on a person of appropriate age and discretion, or via nail and mail—a defense to the proceeding exists. Similarly, certain predicate notifications, such as the 90-Day Notice or 10-Day Notice to Quit in a Holdover, must be properly served; if not, the action may be dismissed. In post-foreclosure holdover actions, the Petitioner must provide the Respondent with a certified copy of the Referee’s Deed, failure to do so could result in case dismissal.
In a non-payment case, it’s important to submit an Answer or a pre-Answer Motion to Dismiss upon receiving the Petition and Notice of Petition. Ignoring the Petition could result in a default judgment, negatively affecting your credit. Additionally, a sheriff may execute an eviction warrant issued by the court.
Issues such as who violated the agreement first—the landlord or the tenant—may also be considered. These can include concerns about deficient services, legal troubles, code violations, building infractions, and noncompliance with zoning regulations related to the rental property. These issues may be raised as counterclaims or defenses, although the signed lease may prohibit raising some of them.
By defending the landlord-tenant proceeding, clients can raise any available defenses against how the action was initiated. This defense prolongs the process and keeps the client informed of the case’s status. A client may have a strong technical or substantive defense, potentially leading to the dismissal or extension of the landlord-tenant action. Additionally, tenants may delay eviction if they identify factual disputes that require a trial. If the landlord avoids procedural and substantive issues, and the facts and law strongly support their case, they will have a higher likelihood of winning and securing possession of the property.
During challenging times, the Law Office of Ronald D. Weiss assists clients by negotiating on their behalf before, during, and after Landlord-Tenant proceedings, aiming to find solutions, reduce costs and expenses, and eliminate uncertainties. Both parties often seek to balance their interests by reaching a compromise. For instance, when a tenant has a weak case but only needs a short extension, a clause is often added to delay eviction, giving the tenant time to secure new housing and prepare for the move.
The duration of the agreement is typically discussed: if it’s short-term, the landlord may offer financial compensation for the tenant to vacate, while for a longer duration, the tenant may agree to pay a fair rental rate for usage and occupancy. However, if the landlord is finding it difficult to evict the tenant, they must ensure that their position in court remains strong, as even small technical errors can extend the eviction process. This might lead the landlord to become more flexible in negotiations, hoping that a settlement will be more cost-effective than pursuing the case to trial.
Under the Housing Stability & Tenant Protection Act of 2019, when a tenant offers to pay the full amount of rent arrears before the court date, the landlord is required to accept the payment. Previously, the landlord had the option to reject the payment and proceed with the legal action.
The requirement to submit an answer no later than three days before the scheduled hearing date of the petition has been removed. However, the respondent still needs to establish defenses to the case and protect their rights by timely filing a motion to dismiss or an answer.
If you appear in court on your first scheduled day without an attorney, you may request an adjournment. The court is legally obligated to postpone the case for a minimum of 14 days to allow you time to consult with and hire legal counsel.
Brooklyn and Queens, the parties are typically encouraged to settle the matter when appearing in court. Tenants and occupants appearing pro se (without legal representation) are often at a disadvantage, as landlords are usually represented by attorneys. If the matter is settled, the parties sign a Stipulation of Settlement, which holds the same legal weight as a binding contract. Once signed, the judge will “so-order” it, meaning any breach will result in further court involvement.
As experienced landlord-tenant attorneys, we advise against tenants signing a Stipulation of Settlement without legal representation. Many tenants who sign such agreements later come to us realizing they cannot meet the conditions. Tenants should have skilled legal counsel to negotiate a fair settlement, ensuring they have enough time to vacate in a dignified manner. We also specialize in arranging “cash for keys” settlements, offering tenants financial compensation in exchange for vacating the property.
Generally, the court discourages trials unless absolutely necessary, usually for cases involving factual disputes such as whether the petition or notices were properly served, whether payments were made and allocated correctly, or if the tenant’s actions reasonably led the landlord to believe the lease was in default. Landlord-Tenant Court trials are often brief and straightforward, requiring the party preparing for them to be highly organized.
Tenants must strictly adhere to the terms of any settlement reached during the hearing. However, if a settlement cannot be reached, there are several alternative options to consider:
Bankruptcy Stay – A bankruptcy stay can temporarily halt all legal proceedings, including eviction. It’s important for tenants to consult with legal counsel about their options, including filing for bankruptcy to stop the eviction process before the warrant is issued. Different types of bankruptcy proceedings exist, and each operates differently, so it’s essential to evaluate which one best fits the tenant’s situation and how it interacts with the eviction process.
Supreme Court Stay – Another way to delay an eviction is by seeking a stay from the Supreme Court. Such a stay must be requested in the Supreme Court since injunctive relief is not available in landlord-tenant court. For example, filing an order to show cause in the Supreme Court to vacate a foreclosure sale and requesting a stay of execution until the outcome can slow down an eviction, especially if the holdover tenant is the former homeowner of a property sold at foreclosure.
Appellate Division Stay – If the tenant is appealing a ruling from either the Supreme Court or Landlord-Tenant Court, the final option for obtaining a stay of eviction is to file a request with the Appellate Division. To do this, the tenant must succeed in obtaining an Order to Show Cause before the Appellate Division, which is challenging unless there are clear appealable issues with the previous ruling.
Covid Stay – The ongoing Covid-19 pandemic has led the judicial system to show reluctance in forcing individuals at risk of contracting COVID-19 (due to age, medical conditions, or other factors) to leave their homes without adequate time to secure alternative housing. As a result, the court may prevent tenants from being evicted if they are at risk of exposure to the virus.
A warrant of eviction is the legal document that authorizes the Sheriff or Marshall to carry out the eviction process. It is signed by the Housing Court Judge in New York City or the District Court Judge in Brooklyn and Queens. Once the tenant is evicted, the property’s locks are changed, the property may be boarded up, and their personal belongings are often placed on the curb or moved to a storage facility at the tenant’s expense.
There are two main ways to stop the eviction process: filing for bankruptcy or requesting a court-issued Order to Show Cause. The Order to Show Cause must be signed by the judge and served before the eviction takes place. It must clearly include provisions for a stay or restraint on the eviction. If the eviction has already occurred, the tenant may regain possession of the property if the judge signs an Order to Show Cause granting this relief.
Under the Rent Law of 2019, all eviction notices in New York State must be at least 14 days in length. Previously, tenants in Brooklyn and Queens counties had only 72 hours’ notice before eviction, but this period has been extended.
Our firm can assist clients seeking to prevent eviction by filing for a stay of eviction through an Order to Show Cause in the Supreme Court after the landlord-tenant process concludes. The Supreme Court is the only court authorized to grant a stay of eviction in these cases, as landlord-tenant courts typically do not respond to such orders. The eviction warrant’s issuance or execution can be postponed for up to a year following a housing court judgment. To obtain this additional time, tenants or occupants must request relief under Real Property Actions and Procedures Law Section (RPAPL) 753, presenting evidence of factors such as extreme hardship, genuine attempts to find alternative housing, lack of comparable housing in the same area, health issues, and potential disruption to children’s education if forced to move during the school year.
In New York State, several moratoriums have been implemented to halt or delay evictions, similar to foreclosure protections, allowing homeowners to remain in their homes during the coronavirus pandemic. The current moratorium is set to expire on January 1, 2020.
On September 28, 2020, Governor Andrew M. Cuomo announced that the Tenant Safe Harbor Act would remain in effect until January 1, 2021, providing additional protection to residential renters facing eviction due to financial hardship caused by the COVID-19 public health crisis. The Executive Order extended coverage to eviction notices issued before the pandemic, including a moratorium on COVID-19-related residential evictions.
Initially, on March 20, 2020, Governor Cuomo imposed a ban on residential and business evictions to ensure renters were not displaced during the height of the public health emergency. On June 30, 2020, the Governor signed the Tenant Safe Harbor Act into law, which provided immediate protections along with other financial support measures for residential renters and landlords. Additionally, late rent payments were prohibited by prior Executive Orders, and tenants facing financial hardship were allowed to use their security deposits as payment, with a provision to repay it over time.
In September 2020, Governor Cuomo issued an executive order extending the ban on COVID-related commercial evictions and foreclosures until October 20, 2020. This extension acknowledged the severe financial strain the pandemic placed on business owners, particularly retail stores and restaurants. The protections were extended further until January 1, 2021, offering commercial tenants and mortgagors additional time to catch up on rent or mortgage payments or renegotiate lease terms to prevent future foreclosures.
The strategy for a tenant or landlord varies based on the procedural stage, goals, resources, options, and needs of each party. Typically, tenants seek to extend their stay, while landlords aim to shorten it through eviction proceedings. For tenants, common strategies include leveraging equity, sympathy, and procedural errors by the landlord. Additionally, negotiating over rent and time can help secure a mutually agreeable solution. Litigation, bankruptcy, and/or negotiation may provide the tenant with additional time.
On the other hand, a landlord’s strategy focuses on minimizing the tenant’s time by being cautious during the litigation process and firm but fair in negotiations. The goal is often to reach a consensual clause that allows the tenant to stay for a specific time in exchange for agreeing to vacate by a certain date. Landlords must recognize that the court typically seeks a safe, balanced resolution that allows both parties to move forward.
When tenants need more time, strategies may involve multiple court settings: Landlord-Tenant Court for initial defenses; Supreme Court for an Order to Show Cause to request a stay of eviction; Appellate Division appeals if appealing a decision from the Supreme Court or Landlord-Tenant Court; and/or bankruptcy proceedings to obtain a bankruptcy stay and potentially reorganize lease debt. Similarly, landlords seeking possession, eviction, or rent assistance can benefit from expertise in various court settings related to landlord-tenant disputes.
In landlord-tenant disputes or negotiations, we are typically called upon to provide legal counsel and represent our clients in order to help them reach a favorable settlement. In emergency situations, such as when a vulnerable tenant is facing imminent eviction, we work to secure a stay through an Order to Show Cause or by filing for bankruptcy to halt the eviction process.
On the other hand, if our client is a landlord and the tenant has been occupying the rental property without paying rent for an extended period, we focus on expediting the eviction process. This is done with a cautious and methodical approach, ensuring that we are fair and compliant with the law, which is crucial for the court to grant the relief requested.
Whether our clients are landlords or tenants, we assist them by understanding the rules and requirements of the courts, and work within that framework to help them achieve their goals.
With extensive experience in landlord-tenant litigation, bankruptcy law, appellate representation, and negotiations, we are well-equipped to assist both individual and commercial tenants and landlords in challenging situations. Our firm is ideally suited to represent clients in landlord-tenant matters due to our diverse skill set and commitment to helping resolve their issues efficiently and effectively.
We begin with a free consultation, and if the client decides to move forward, we start the case by gathering relevant data and documents during an intake meeting. During this meeting, we familiarize ourselves with the case, discuss strategy, and sign a retainer agreement. As the case progresses, our approach may evolve as new information arises, requiring us to reassess our options based on the changing circumstances. These discussions prioritize our clients, with their active involvement in determining the direction of the case and possible future steps.
For a free consultation to discuss your landlord-tenant dispute in more detail, please call us at (631) 212-1046 or email us at weiss@ny-bankruptcy.com
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