Summary Holdover Eviction Proceedings
Gordon Legal understands the stresses placed upon small property landlords and rental housing providers when tenants repeatedly make late payments, partial rent payments, or when tenants either fail or refuse to pay at all. Gordon Legal helps landlords and homeowners resolve summary holdover eviction cases in an ethical, legal, and professional manner and as efficiently as the law will allow. Gordon Legal endeavors to take the stress out of the housing court process by shouldering the burden of the technical statutory legal requirements of your holdover case.
When tenant holdovers, in other words refuses to leave after their tenancy expires, or violates other lease provisions, landlords can take corrective actions up to and including an eviction. This is effectuated pursuant to a New York City housing court order known as a judgment of possession and insurance of a warrant of eviction.
The Summary Eviction Holdover process generally involves serving your tenant a 30, 60 or 90-day non-renewal and termination notice followed by summoning your tenant to court with notice of petition and petition with an assigned court date and time, appearing in court, negotiating stipulations of settlement, drafting and arguing motions, requesting hearings and trials, obtaining judgments of possession and retaining city marshals to obtain issuance of warrants, arguing in opposition to orders to show cause that delay and stay evictions and finally working directly with city marshals and city agencies on behalf of landlords to service notices of evictions, schedule eviction dates and ultimately conduct evictions.
But landlord tenant law, like so many other areas of law, demands a meticulous attention to detail to ensure there are no procedural missteps.
For more than nine years, Gordon Legal’ s experienced Queens Evictions Lawyer has provided counseling and representation to rental housing provides throughout every phase of the New York housing court summary proceeding process.
When it comes to Queens, New York eviction proceedings, not all attorneys are created equal. As one of New York’s foremost authorities on landlord tenant disputes and summary eviction proceedings, Gordon Legal has been inserted into thousands of housing court actions and commercial litigation cases as attorney of record and as a highly sought after of counsel landlord tenant litigator and trial lawyer for New York’s top tier landlord tenant law firms and real estate law firms.
We know the parts, procedures, process and people in landlord tenant court to effectively and expeditiously resolve your landlord tenant dispute.
We help you identify, prevent and resolve landlord tenant disputes. Our primary goal is to help you save time and save money by providing cost-effective legal representation.
Our number one priority is to ensure that all the highly technical documentation is prepared correctly, unforgiving deadlines are met, and that you get the best advocacy in court. New York home owners of occupied dwellings, small property landlords and rental housing providers face the toughest headwinds of tenant protections – while it seems that there are many measures to protect decent well-mannered tenants from bad landlords, there is considerably less effort protecting good landlords from worst of the worst holdover tenants. That is the domain of Gordon Legal, P.C. Zealous representation and clear, responsive communication with clients is the foundation of our success. By offering exceptional work, along with personal attention, we provide you with comprehensive, cost-effective, practical solutions to handling difficult, summary eviction holdover cases. We empower you to enforce legal rights to your apartments, homes and properties by providing the tools needed to both prevent and resolve landlord tenant disputes.
The Summary Holdover Eviction Proceeding process generally involves serving your tenant a 30, 60 or 90-day notice. A holdover case is brought by the landlord to evict a tenant for other reasons besides non-payment of rent. When a tenant holdover, in other words refuses to leave after their tenancy expires, or violates other substantial lease provisions, landlords can take corrective actions up to and including a summary holdover eviction proceeding. This is effectuated pursuant to a New York City housing court order known as a judgment of possession and enforced with an issuance of a warrant of eviction.
The most common reasons for small property landlords and rental housing providers to start holdover evictions are Lease Expiration holdovers, Non-renewal and Termination Weekly, Monthly and Yearly Holdovers Tenants, Squatter Holdovers, Licensee Holdovers, Illegal Sublets Holdovers, Non-Primary Residence Holdovers, Nuisance Holdovers, Chronic Non-Payment Holdovers, Failure to Provide Access Holdovers, Pet Holdovers, and Substantial Lease Violation Holdovers. The Summary Holdover Eviction process generally involves serving your tenant a termination notice followed by summoning your tenant to court with a notice of petition and petition with an assigned court date and time, the Landlord appearing in court, getting a court order issuing a judgment of possession, retaining a city marshal to obtain the issuance of a warrant and to serve a notice of eviction. But landlord tenant law, like so many other areas of law, demands a meticulous attention to detail to ensure there are no procedural missteps. That’s why we always advise seeking the advice and counsel of an experienced local Queens eviction lawyer prior to starting an eviction case.
It should be noted that most cases never go to trial and are settled by Stipulation of Settlement, often called a Stip. If you and your tenant decide to reach an agreement, Gordon Legal will draft a written Stipulation of Settlement that considers what you think is fair, making sure the agreement takes care of all claims and counterclaims.
If you and your tenant cannot agree on a settlement, the Court Attorney or Judge will try to help settle the case in the Resolution Part courtroom. If a settlement still cannot be reached, there will be a trial conference and trial in a different courtroom on a different court date. Before going to a Trial Part, your case is sent to an Expediter Clerk that places cases on a waiting list prior to sending ready cases to an available Trial Part for a pre-trial conference and trial.
That’s why Gordon Legal’ s experienced Queens Eviction Lawyer, a trained litigator and trial attorney is always prepared and ready to vigorously and zealously represent you at trial.
At a trial, the landlord-petitioner tries to prove his or her case and the tenant-respondent tries to prove his or her defense or counterclaims. Both sides testify and show their proof to the trial judge. Both sides must be ready with all evidentiary proof on the trial date.
Gordon Legal works with you to get the evidence ready for trial. This may include witnesses, deed, lease, letters, photos, housing inspection reports, multiple dwelling registrations, and papers from government agencies such as DHCR and DHPD.
When both sides are finished explaining their respective sides of the case, the trial judge will decide and may mail the decision to be received later.
The trial Judge will decide the amount that the tenant owes, and that amount will be put in a judgment. Your tenant will have to make payment pursuant to the court ordered judgment amount and if the tenant pays timely; the case is over, and you cannot evict the tenant. If the tenant fails to timely pay; the tenant can be evicted.
We admonish small property landlords and rental housing providers to contact an experienced landlord tenant attorney at the first indication of a landlord tenant dispute. Too often, landlords get infected with the insidious disease of wishful thinking and hoping that a problem will resolve itself on its own, when in fact landlord tenant disputes rarely work themselves out so simply. In a perfect world, every tenant you’ll ever have will pay rent on time, take diligent care of your property and not engage in illegal activities. In a perfect world, you will never have to evict your tenant. Unfortunately, this is not always the case. Please do not wait until the situation worsens and risk damage to your property, enlarging nuisances, losing months of rent, and all manner of other consequences to your rental property – take proactive action with Gordon Legal.