how to find good lawyer in nyc to evict tenants

by Tobin Marks DVM Published 2 years ago Updated 1 year ago 3 min read

Contact your local Queens, New York Kick'em Out Quick® Member Eviction Attorney & Landlord Tenant Lawyer for a Free Initial Consultation. They understand the complicated New York Eviction Process and they will evict your non-paying or nuisance tenant(s) just as quickly as the law allows.*

Top 10 Best Landlord Tenant Lawyer in New York, NY

The Law Offices of Ari Mor, Esq P.C. 4.5 mi. 62 reviews. ...
The Price Law Firm. 2.6 mi. ...
Carl J Muraco Attorney at Law. 1.8 mi. ...
David I. Witkon, Esq PC. ...
Rozen Law Group. 1.0 mi. ...
The Law Offices of Michael J S Pontone, Esq. 0.9 mi. ...
Azoulay Weiss, LLP. 18.7 mi. ...
The Beltas Law Firm. 0.8 mi.

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Full Answer

Can a tenant get a free lawyer in New York City?

New York, NY Landlord or tenant lawyers (860 attorneys, 3255 reviews) ... Tenant eviction laws are very specific, with different rules in each city. If you are being evicted or if you have a tenant you want to evict, you may benefit from the services of a landlord / tenant lawyer. ... 6.0 Good; 5.9 - 5.0 Average; 4.9 - 4.0 Concern; 3.9 - 3.0 ...

What are the eviction procedures for New York City tenants and landlords?

Jun 01, 2021 · Free Lawyers for Tenants (Universal Access to Legal Services) Under the law, some tenants in New York City, no matter their zip code or immigration status, can get a free lawyer from start to finish in their New York City Housing Court case. This depends on 2 things: Your income and how many people live with you The type of court case

Can a landlord evict a tenant for nonpayment in New York?

Jun 21, 2019 · You will be able to evict a tenant after any of these if you have a judgment. The judgment tells the tenant how much money he or she has to pay or when he or she must move out. The judgment has a date when you can get a warrant of eviction. If you don’t get a judgment, you can’t evict the tenant. In a nonpayment case, the tenant may pay you ...

How do I evict a squatter in New York City?

Goldberg & Lindenberg, P.C. Ad · Landlord & Tenant Lawyers Serving Manhattan, NY (New York, NY) 5 out of 5 stars. (2) Stop Evictions! Former NYC Housing HPD Attorney with over 25 years of experience. 24/7 emergency service. Free Consultations! Visit Website. 212-921-1600.

How do I find a tenant lawyer in NYC?

Call (718) 557-1379 or (212) 962-4795 from Monday – Friday, between 9am and 5pm.
Call 311 and ask for the Tenant Helpline.
Email OCJ at civiljustice@hra.nyc.gov. ...
Contact a nonprofit law office near you.

Can landlord evict tenant now in NY?

In New York State, an eviction of a tenant is lawful only if an owner has brought a court proceeding and obtained a judgment of possession from the court. o A sheriff, marshal, or constable can carry out a court ordered eviction. An owner may not evict a tenant by use of force or unlawful means.

How long does it take to evict a tenant in NYC?

Evicting a tenant in New York can take around one to five months depending on the reason for the eviction. If tenants request an adjournment, the process can take longer (read more). Introduction. New York landlords must have legal reason to evict a tenant.Nov 2, 2021

Who evicts tenants in NYC?

In New York, a landlord can evict a tenant for any number of reasons. However, before the eviction can occur, the landlord must first terminate the tenancy. This happens when the landlord gives the tenant written notice, as required by state or city law.

How much does it cost to evict a tenant in NYC?

The Sheriff's Office handles evictions that involve the enforcement of a court order or warrant. The fee for performing an eviction is $140.

Can a landlord evict you without a court order?

Can my landlord evict me without first going to court? No, your landlord usually cannot evict you without a court order. As long as you haven't abandoned your home, your landlord cannot change the locks, install a deadbolt, take off doors, or do anything to stop you from entering your home.May 7, 2012

What happens if a tenant refuses to leave?

What can I do if a tenant refuses to move out? If the tenant does not comply with the legal grounds and refuses to move out, an eviction procedure could be started. Valid grounds for moving the court for eviction are the failure to pay rent and refusal to move outpost the end of lease period.

Can I fight an eviction?

Even if the landlord has obtained a possession order by the court, you will have a chance to fight it. If the landlord used a discretionary reason, new evidence might surface to challenge the initial decision of the judge.

Do you have 30 days after eviction notice?

Your landlord must give you a written Eviction Notice, sometimes called a "Notice To Quit." If you do not have a lease, the Notice will tell you that you have either 7 days or 30 days to move out.

How do I get a court order to evict a tenant?

As a first step, you must give notice to your tenant before you can evict them. Generally, this will be a Section 21 or Section 8 notice. Should your tenant refuse to leave by the date stated on the notice, you may then seek possession by applying for a court order for eviction.

How long does the eviction process take?

The process eviction literally can take anywhere between 14 days to 6-8 months, typically. I know, not the most useful answer! But the reality of how long an eviction will take is dependent on the circumstances; mostly what it boils down to is how wilful your tenant is.

What are squatters rights NYC?

A squatter can claim rights to the property after a certain time of residing there. In New York, it takes 10 years of continuous occupation for a squatter to make an adverse possession claim (NPA § 501, et seq). When a squatter claims adverse possession, they can gain legal ownership of the property.Jan 31, 2022

Income Eligible

Whether you get a free lawyer depends on your income and how many people live with you. You can get a free lawyer if your yearly household income is less than the amount in the chart below.

Type of Court Case

Tenants with Holdover cases and Nonpayment cases get a free lawyer. Your court papers say the type of case. A nonpayment case is what an owner starts to collect rent. A holdover case is what an owner starts to evict a tenant for a different reason than nonpayment of rent. Learn more about Holdover and Nonpayment cases.

Where to Get More Information

If you qualify for a free lawyer, visit About the Universal Access to Legal Services Law to find out how to get a free lawyer and what services you can get.

How long does it take to get evicted from a mobile home?

This tells the tenants that unless they move within 14 days , the Marshal will evict them. If the tenant owns a manufactured home in a mobile home park, the tenant will get more notice before having to move. If the tenants do not move out, they will be evicted.

What happens if you settle a case in court?

If this happens, you will get a new court date. When you come to Court you may settle the case, the tenant may not show up (default), or you may go to trial. You will be able to evict a tenant after any of these if you have a judgment.

What happens if you don't get a judgment?

If you don’t get a judgment, you can’t evict the tenant. In a nonpayment case, the tenant may pay you all the money. If this happens, the tenant gets to stay. The tenant may also make a Motion to ask the court to dismiss the case or to give the tenant a judgment.

Can you dismiss a case without prejudice?

Sometimes, the case is dismissed, but you can start it again. This is called a dismissal without prejudice. For example, if you did not give the tenant enough days in a notice, the court can dismiss the case, but you can give the tenant a new notice and then start a new case.

What to do after a judgment?

After you get a judgment, you must give the Court Clerk a warrant of eviction. If you use the DIY Form program for a nonpayment case, licensee holdover, or squatter holdover, the program will make the judgment and warrant for you. For other cases, visit Court Forms or use the Court locator box to call the Court to see where to get a form.

What happens if you don't move out of a house?

If the tenants do not move out, they will be evicted. The eviction must take place on a business day, during the day. The tenant can ask the court to stop the eviction by making an Order to Show Cause. If this happens, you will have to go back to court to fight this.

How long can you postpone a case?

The tenant has the right to ask the Court to postpone the case for at least 14 days if the tenant is not ready for court. This is called an adjournment. If this happens, you will get a new court date. When you come to Court you may settle the case, the tenant may not show up (default), or you may go to trial. You will be able to evict a tenant after any of these if you have a judgment. The judgment tells the tenant how much money he or she has to pay or when he or she must move out. The judgment has a date when you can get a warrant of eviction.

Goldberg & Lindenberg, P.C

Stop Evictions! Former NYC Housing HPD Attorney with over 25 years of experience. 24/7 emergency service. Free Consultations!

Himmelstein, McConnell, Gribben, Donoghue & Joseph LLP

Representing New Yorkers for 40 Years - We Fight For Tenants Rights with a Track-record of Results!

Zingman & Associates, PLLC

Landlord or tenant problem? Real estate problem? No problem! Have a proven advocate in your corner.

Want To Check Lawyer Discipline?

It is always a good idea to research your lawyer prior to hiring. Every state has a disciplinary organization that monitors attorneys, their licenses, and consumer complaints. By researching lawyer discipline you can:

How long does it take to evict a tenant in New York?

Timeline. Evicting a tenant in New York can take around 1 – 5 months depending on the reason for the eviction. If tenants request an adjournment, the process can take longer ( read more ).

Is it illegal to evict a tenant?

Retaliatory Evictions. It is illegal for a landlord to evict a tenant for complaining to the landlord or to the appropriate local or government agency regarding the property. It is also illegal for a landlord to evict a tenant for join ing, supporting, or organizing a tenant organization or union. Evicting a Squatter.

Can a landlord evict a tenant for not paying rent?

Eviction Process for Nonpayment of Rent. A New York landlord is allowed to evict a tenant for failing to pay rent on time. According to New York law, rent is considered late the day after it’s due; grace periods (if any) are addressed in the lease/rental agreement. Once rent is past due, the landlord must provide a 14-Day Notice to Pay if ...

Can you evict a tenant without a lease?

Often this type of eviction applies to tenants who are at the end of their lease and the landlord simply doesn’t want to renew the lease. The amount of notice required depends on the length of the tenancy/lease terms.

How much notice is required for eviction?

The amount of notice required depends on the length of the tenancy/lease terms. Leases/tenancies less than one year – 30 days’ notice is required.

What happens if you stay in a rental unit after the lease term expires?

In the state of New York, if tenants “hold over,” or stay in the rental unit after the rental term has expired, then the landlord must give tenants notice before evicting them. This can include tenants without a written lease and week-to-week and month-to-month tenants.

How long does it take to serve a notice of eviction?

The notice of petition and petition for eviction must be served on the tenant by anyone who is not part of the case 10-17 days prior to the hearing. The petition for eviction and notice of petition may be served via one of the following methods : Giving them to the tenant in person.

Can a landlord evict you in New York?

Eviction can only begin if the landlord has a reason deemed to be valid in the court of law. Once a valid reason has been established, the eviction process can begin. New York City’s eviction laws are stricter than laws in most other parts of the United States, which is a blessing to renters in most cases.

What does it mean to be evicted?

Being evicted means that you lose your home, face life on the streets, and will struggle to get approvals for a new apartment for years to come.

Is rent cheap in New York City?

New York City is one of the most expensive places in the world to live, and rent is never cheap in the Big Apple. Even so, you still need to pay your dues. Landlords look for clients they feel they can trust to pay rent, which is why most landlords have a 40-times-monthly-rent income requirement.

What happens if you don't renew your lease?

Whatever the reason may be, if the landlord refuses to renew the agreement, you have to leave the premises. Even if you were a great tenant, the truth is that having a lease terminated doesn’t give you an option. If your lease isn’t renewed, you have to leave .

Can landlords evict you for faking a punch?

In most cases, landlords have the right to call the police and evict you.

How long does it take to get evicted for nonpayment of rent?

Should the timeframe pass without improvement, eviction proceedings will occur. In the case of nonpayment of rent, the tenant has to be given 14 days to pay as part of the notice. If they refuse to pay, the landlord must give an additional three-day notice of proceedings before filing.

How long does a tenant have to pay rent?

In the case of nonpayment of rent, the tenant has to be given 14 days to pay as part of the notice. If they refuse to pay, the landlord must give an additional three-day notice of proceedings before filing. In the case of lease violations, tenants are given 10 days to fix the issue.