Role of the Eviction Law Firm

Before filing an eviction action, landlords must provide tenants with proper written notice as required by New York law. The notice period typically ranges from three to thirty days depending on the reason for eviction, such as non-payment of rent or lease violation. An eviction law firm ensures that all notices comply with statutory requirements regarding content, delivery method, and timing. Improper notice can result in case dismissal, making professional legal guidance critical for property owners seeking to enforce their rights.

Once proper notice is provided and the notice period expires, an eviction law firm files a summary proceeding in Housing Court or District Court. This legal action requires comprehensive documentation including the lease agreement, proof of notice delivery, rent payment records, and evidence of tenant default. An eviction law firm prepares all required pleadings and represents clients at court hearings, where judges evaluate evidence and determine whether eviction is warranted. Successful representation depends on meticulous attention to procedural requirements and persuasive presentation of facts.

Tenants frequently raise habitability defenses when facing eviction, claiming that landlords failed to maintain the premises in safe, sanitary condition. New York courts recognize that uninhabitable conditions, such as lack of heat, hot water, or pest infestations, may excuse rent payment or justify lease termination. An eviction law firm representing tenants documents these conditions through photographs, inspector reports, and tenant testimony. Additionally, landlords cannot evict tenants in retaliation for reporting code violations or asserting legal rights, a protection that an eviction law firm must consider when evaluating case viability.

New York provides additional protections including rent stabilization, which limits rent increases and restricts eviction grounds for certain tenants. An eviction law firm must verify whether a property is rent-stabilized before proceeding with eviction, as violations of rent stabilization law can result in penalties and case dismissal. Furthermore, senior citizens and disabled tenants receive enhanced protections under state law. An eviction law firm thoroughly investigates tenant status and applicable exemptions to avoid costly legal errors and ensure compliance with all applicable regulations.

After obtaining a judgment, an eviction law firm requests an execution order from the court, which authorizes the marshal to remove the tenant and their belongings from the premises. The marshal must provide the tenant with advance notice of the removal date, typically at least seventy-two hours. An eviction law firm ensures that all procedural steps are completed correctly to avoid delays or legal challenges. The removal process must be conducted peacefully and lawfully, with the marshal present to oversee the eviction and prevent disputes or unauthorized entry by the landlord.

An eviction law firm may pursue additional remedies beyond tenant removal, including recovery of unpaid rent, late fees, and property damage costs. Courts may award damages when tenants breach lease terms or cause harm to the premises. An eviction law firm calculates these damages and includes them in court filings or subsequent collection actions. Understanding the full scope of available remedies allows an eviction law firm to maximize client recovery and deter future violations. Additionally, firms representing tenants may seek damages for unlawful eviction or violations of tenant rights, providing important protections against landlord overreach.

Commercial evictions present unique challenges distinct from residential cases, including longer notice periods and different statutory frameworks. An eviction law firm handling commercial matters must understand lease provisions specific to business tenancies, such as percentage rent clauses and renewal options. Commercial tenants may have greater bargaining power and access to legal resources, requiring an eviction law firm to be particularly thorough in case preparation. Additionally, admiralty law considerations may arise in cases involving waterfront commercial properties or maritime-related businesses, demonstrating how specialized legal knowledge enhances eviction practice.

An eviction law firm provides valuable preventive services by drafting clear, enforceable leases that minimize disputes and eviction risks. Properly drafted leases include specific default provisions, notice requirements, and remedies that align with New York law and protect landlord interests. An eviction law firm reviews existing leases to identify potential vulnerabilities and recommends modifications to strengthen enforceability. This proactive approach reduces the likelihood of tenant disputes escalating to eviction proceedings, saving clients time and litigation costs while establishing clear expectations from the lease inception.