New York City Eviction Attorneys Help Tenants Remain in Their Homes
Skillful advocates handle nonpayment and holdover proceedings
Landlords who go to court to remove a tenant from their premises do so because of an alleged lease violation or failure to pay rent. To fight an eviction, it helps to work with an experienced attorney. At Goldberg & Lindenberg, P.C. in Midtown Manhattan, we are experienced New York City tenants’ rights attorneys who take on landlords in eviction cases. Whether you’re facing a holdover action for a purported breach of lease terms or a removal based on nonpayment, we’ll outline your rights and make every legal effort to stop the eviction.
What is a nonpayment eviction?
In nonpayment proceedings, a landlord claims that they have the right to evict their tenant because the tenant did not submit the agreed-upon rent. There are numerous defenses to such claims made by the landlord. Tenants have the right to withhold their rent if, in fact, they have not received required services such as security, heat, water, extermination, etc. because these failures constitute a breach of the landlord’s warranty of habitability. If the nonpayment results from this type of violation, you may counterclaim against the landlord as part of the eviction and also demand repairs.
When you cannot reach a settlement regarding the allegedly unpaid rent, a trial will be held before a judge. The trial is conducted in a formal manner and all evidentiary rules apply. The judge will review all of the evidence presented by both sides and, upon conclusion of the proceeding, issue a decision. In their determination, the judge will offset the amount of rent proven to be due against the amount the tenant is entitled to withhold based on their defenses and counterclaims.
After a judgment is issued, the tenant has the right to satisfy the judgment within five days. Many tenants receive a judgment and are not aware of the fact that they have a five day period to potentially prevent their eviction. A judgment in a non-payment proceeding does not necessarily result in the tenant losing his home.
What is a holdover eviction?
With some exceptions, holdover proceedings are cases where a landlord seeks to evict a tenant based on their belief that the tenant has violated their lease. Examples of conduct that could lead to a breach allegation include subleasing the unit, keeping a pet on the premises, making excessive noise, damaging the apartment or operating a business in a residential property. In all holdover proceedings (other than nuisance cases) that require a trial, the tenant has a 10 day cure period to rectify the alleged lease violation, even after a judgment is entered.
It is imperative that tenants be aware of the fact that a judgment of possession after a trial does not necessarily result in the loss of the tenant’s home. As long as the tenant cures the alleged breach within the 10 day period after a judgment is issued, the eviction will not occur and the tenant can remain in possession of their residence.
The 10 day cure period does not apply in matters relating to owner-occupied properties, non-primary residences, nuisance actions and the termination of non-regulated tenancies. Holdover proceeding tend to be very complicated and time-consuming, so parties should speak with an attorney before deciding how to defend against their eviction.
Contact a dedicated New York City lawyer to defend you against an eviction proceeding
Goldberg & Lindenberg, P.C. in New York City offers complimentary-no obligation consultations to clients who are facing eviction. To schedule an appointment, please call 212-921-1600 or contact us online. We are located in Manhattan and serve clients throughout the five boroughs.