When Should I Seek Legal Help In A Landlord/Tenant Eviction Issue?

The earlier the better. Usually, I like tenants to come to me or landlords come to me as soon as they know that there is an eviction issue. The sooner I get involved the easier it is to resolve itself before it escalates. Sometimes it can’t be settled prior to filing an action. But I always like to be prepared for what is coming in any case.

What Resources Are Available If We Cannot Resolve A Landlord/Tenant Eviction Dispute?

If a resolution can’t be obtained prior to the filing of a case, typically a landlord/ tenant action will have to be started by the landlord. The parties will have a series of court appearances usually before the case goes to trial and the Court will see if you can settle the dispute with the judge or a court attorney and either decide when and how money will be paid back towards back rent or when the tenant will vacate and in what condition and what timeframe, these are all things that could be settled in a stipulation of a settlement with the court.

How Long Does It Take For A Landlord To Evict A Tenant Typically?

This all depends on the type of case it is. If the tenant defaults and does not appear in court, it could take a month even if the tenant defaults. If the case is being defended and it’s a complex commercial litigation, it could take years if there are appeals and motions and a trial. It all depends on the particular case.

How Much Does It Actually Cost For A Landlord To Evict The Tenant?

This depends on the particular kind of case it is, whether it’s a legal apartment, illegal apartment, a commercial property or residential, it all depends on the particular kind of case and I have experienced all types of landlord/tenant actions so my fees are unique to each case.

Can You Evict The Tenant Without A Tenancy Agreement?

If there is no written lease between the landlord and the tenant, the tenant is deemed what’s called a month-to-month tenant. Every month, once the tenant pays, it starts a new agreement and they’re able to stay till the end of the month. It’s quite common that there is no written lease agreement between a landlord and a tenant. These tenants can still be evicted, it’s just a different procedure. There would have to be a 30-day notice to vacate and after that 30 days is up if the tenant does not vacate, then a holdover proceeding would have to be filed in the applicable landlord/ tenant court.

What Steps Can Be Taken To Avoid Landlord/Tenant Disputes?

To put it simply, abide by the agreement that you entered into with the landlord, whether it’s to pay the rent on-time or to vacate the premises at a particular time. If you are the landlord, you want to make sure that the repairs are up-to-date and you’re providing whatever services you’ve agreed to provide and you’re not trying to evict the tenant wrongfully before their term is up.

For more information on Seeking Legal Help For An Eviction Issue, a free initial consultation is your best next step. Get the information and legal answers you’re seeking by calling (914) 230-0040 today.

Glen A. Kurtis, P.C.

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