Eviction Lawyer in Staten Island Lease Default Case

Under Real Property Actions and Proceedings Law Section 711 subdivision 2, a landlord must serve a written rent demand before filing a nonpayment petition. 

The statute requires that the demand clearly state the amount of rent owed and provide at least fourteen days to cure for a residential tenancy.

Service must comply with Real Property Actions and Proceedings Law Section 735, which governs personal delivery, substituted service, and conspicuous service.

In this scenario, counsel prepared a detailed fourteen day rent demand itemizing base rent, additional rent authorized under the lease, and unpaid common charges that qualified as rent. 

The notice was served by substituted service after diligent attempts at personal delivery. 

An affidavit of service was executed to establish jurisdictional compliance.

New York case law recognizes the enforceability of conditional limitation clauses in residential leases when clearly drafted. 

When a lease provides that failure to pay rent after notice results in termination, the landlord may proceed with a holdover after expiration of the cure period. 

The attorney must analyze whether the lease language creates a conditional limitation or merely a condition subsequent under New York law.

In this matter, the lease included a clause stating that repeated nonpayment constituted a material default permitting termination upon written notice. 

Counsel issued a notice of termination after the cure period expired without payment. 

This step preserved the ability to seek both possession and a money judgment for use and occupancy.

The verified petition alleged nonpayment under Real Property Actions and Proceedings Law Section 711 subdivision 2 and alternatively sought possession based on lease termination. 

The pleading attached the lease, the rent demand, the notice of termination, and proof of service. 

The landlord also sought a money judgment for unpaid rent and ongoing use and occupancy through the date of judgment.

At the initial court appearance, the tenant failed to answer substantively and did not deposit rent as ordered. 

The court reviewed proof of service and compliance with statutory notice requirements. 

Because the procedural elements were satisfied, the court granted a final judgment of possession and a money judgment for arrears.

After entry of judgment, counsel applied for issuance of a warrant of eviction. 

The New York City Marshal served a fourteen day notice of eviction before scheduling the physical eviction. 

The tenant vacated prior to execution, which avoided forcible removal.

The landlord obtained possession and secured a money judgment for unpaid rent, additional rent, and statutory costs. 

If collection efforts become necessary, enforcement may proceed under the New York Civil Practice Law and Rules Article 52, including income execution or property restraint. 

An eviction lawyer in Staten Island clients retain can coordinate both possession recovery and post judgment enforcement in compliance with New York law.

Residential eviction cases in Staten Island require strict adherence to statutory notice, service, and pleading standards. 

An error in timing, service, or lease interpretation can delay recovery for months. 

Our firm can assist property owners with structured analysis, lawful termination strategy, Housing Court representation, and enforcement planning under New York Real Property Actions and Proceedings Law and related statutes.