What Are Some Causes For Disputes Under Landlord/Tenant Evictions?
There are two types of cases in landlord/tenant litigation. One is called the non-payment, which is exactly that, the non-payment of rent for one reason or another, and a holdover, which basically means that a tenant has outstayed, they are agreed upon vacating date for one reason or another.
Who Do You Represent In Landlord/Tenant Eviction Matters?
I represent either side in the landlord/tenant cases. Sometimes it’s individual tenants or business tenants or landlords, owners of businesses and owners of properties.
How Much Advance Notice Does A Landlord Have To Give to A Tenant For An Eviction?
It depends on the particular kind of case. If it’s a non-payment case, typically the timeframe is a little bit shorter. Depending on how a holdover is started and the reason for a holdover, there could be a 10-day notice or it could be a 30-day notice. Sometimes the landlord can commence a holdover with no notice at all. When the case is actually filed in court, you have only 8 to 13 days’ notice from the actual filing of the case to the first court appearance. So, it all depends on that pre-filing time-frame.
How Soon Must A Tenant Vacate The Premises After Receiving An Eviction Notice?
There are certain notices that a tenant might deem an eviction notice. There is a pre-filing notice, which might be a notice to vacate or a notice to quit or a demand for rent and these notices could be any particular amount of time, it could be a 5-day notice, 10-day notice, a 30-day notice. After those notices expire, then the actual case gets filed if the tenant does not vacate. The case gets started and then it’s up to the judge to determine how much time the tenant would have in a holdover proceeding or how the proceeding progresses in a non-payment action but they don’t have to move out until they either voluntarily vacate the property or they get a warrant of eviction from a judge, which is being executed upon by a martial or sheriff.
Is A Landlord Allowed To Keep My Deposit If I Am Evicted?
Typically, they’re not allowed to keep the deposit if everything else is paid in full. Just because somebody is evicted doesn’t mean that the landlord gets to keep the deposit. If there are damages or there is unpaid rent, typically that gets applied to the deposit but they’re not automatically able to keep the deposit if they’re evicted.
What If My Landlord Illegally Keeps My Security Deposit After An Eviction?
You would have to start the case against the landlord to obtain your security deposit back if it was wrongfully withheld.
What Recourse Do I Have If I Believe I Have Been Wrongfully Evicted?
You can commence an action for repossession of the premises if you believe that the eviction was illegal or you can sue the landlord in court for monetary damages.
For more information on Causes Of Landlord/Tenant Disputes, a free initial consultation is your best next step. Get the information and legal answers you’re seeking by calling (914) 686-3171 today.