In the state of New York, there are two types of eviction proceedings that are commonly filed in court by a landlord lawyer in NYC. The most well-known kind is the eviction for non-payment and that occurs when the tenant has not paid their rent monies for the month. You can demand that the monthly rent payment is made or the tenant has to move out of your property. There is another type of proceeding that is called holdover and it is when the tenant continues to occupy the apartment or home after their perspective lease agreement has expired. Procedural rules must be followed on either of these types of court issues and you may want to enlist the help of an attorney to file the correct forms, handle court correspondence and go to court with you, if necessary. There are pieces of specific legal knowledge that is essential in NYC, so the option of retaining an attorney for the proceedings is highly recommended.
You could file the notice on your own, if you feel competent enough to do so. You would be responsible for finding the correct form and drafting the petition. Only black ink is acceptable when preparing the forms and there must be 5 days, at least, given to the tenant for appearing in court. It is not necessary to give over 12 days notice. The drafting of these documents can be done by an attorney that has experience in filing an eviction petition, but the court offers no assistance when you choose to file on your own. The filing fee has to be paid before receiving an index number for your case. As you serve your tenant with the paperwork, you must provide proof of service within 3 days of giving the papers to the party. The best way to provide yourself with legal assistance and to comply with all of the laws is to hire a landlord lawyer in NYC to handle the eviction for you. This way you can be sure that all prerequisites are considered and all laws are followed.
There are several cases each year that require the assistance of a landlord lawyer in NYC. Choosing a reputable firm that has experience in regaining possession would be advantageous because they will have all of the knowledge that you need to take back the rental property. Once you have gotten the home back you will be free to contract another renter in their place. Whether you are running a rental business or simply renting a spare home, retaining the landlord lawyer is important to the future of your financial well-being. It’s always best to be covered when it is necessary, rather than the alternative of possible lost income, repair hassles and other complaints from the tenants. Your landlord lawyer can help you run your rentals with less stress and more free time to spend on things that are important to you.
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