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This page contains information and answers frequently asked question concering leases, evictions and other landlord and tenant issues.
Evictions Evictions are a type of lawsuit. They move much quicker than other types of lawsuits, and may be in court and concluded in a matter of weeks. Because they are quicker than other lawsuits, the pleadings and other papers filed in an eviction case are examined extremely closely, and cases are routinely thrown out for minor technical flaws. Because of the technical legal maze that surround evictions, and the rigorous standards applied to the eviction documents by the courts, even experienced landlords, and lawyers who do not regularly handle eviction cases, frequently have the cases thrown out on the trial date. Landlords seeking to evict tenants should seek the advise of experienced attorneys. Tenants brought into court by their landlords in eviction cases face the possibility of being removed from their homes in a matter of weeks. The legal requirements to opposing an eviction are complicated. For a tenant being evicted for nonpayment of rent, the loss of a job or illness will not provide a defense for failing to pay the rent. For a tenant being evicted for holding over after the end of a lease, the fact that the property has been their home for years and that they do not want to leave, is not a defense to the eviction. There are many possible defenses to an eviction, based upon the landlord’s behavior, the time and the contents of papers filed by the landlord, etc. A tenant wishing to oppose an eviction should seek the advise of an attorney. Tenants with limited financial means may qualify for legal aid and should inquire at the courthouse. Leases Leases should be crafted for each rental situation. Most of the pre-printed lease forms sold in New York have traps for unwary landlords (and tenants) which only become known at the time of an eviction trial. Attorney Fees and Costs Attorney fees and other costs are usually not available in evictioncases. Landlords will often want to recoup their attorney fees and to be awarded late fees or utility bills in an eviction case: these items areonly available in the eviction, in addition to regular rent, if a written lease provides for them in very specific language. Most pre-printed leases used in New York do not have the necessary language. Sometimes these costs may be pursued in a separate court case, after the eviction is concluded.
Contact us at:
FRANCIS P. CHERY
Attorney at Law
510 Sunrise Highway
West Babylon, New York 11704 Phone: (631) 422-1471
Fax: (631) 422-1481 email: FrankChery510@aol.com
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