New York Landlord Tenant Lawyers
Most business owners lease the commercial space they utilize for their business, and nearly forty percent of families rent the homes they live in. Behind each of these rental agreements is generally either an oral a written contract that governs the terms of the lease period, the amount of rent owed, and the rights and responsibilities of both the landlord and the tenant. When a tenant does not pay rent, the landlord is losing money when the property could be occupied by a paying customer. At our firm, we represent clients who wish to collect money from their tenants for back rent owed or damage to the property and who wish to end the landlord-tenant relationship and regain possession of their property.
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Each area of landlord-tenant law require experience, knowledge of the law, and a unique approach depending on our client’s circumstances. Whether you evict tenants frequently or need help doing it for the first time, our full-service landlord-tenant law firm can help you reclaim your property and receive what is due to you.
We can help with:
- Commercial evictions;
- Breach of lease agreement lawsuits;
- Rent collections;
- Negotiation of commercial leases
- Summary (expedited) eviction proceedings
Commercial property is virtually any building or land that is not a family home. The stores we visit, the coffee shops we frequent, the doctor’s office you go to—this is all considered commercial property. The lease terms between a landlord and a tenant in a commercial setting are typically in writing and for longer periods of time than residential leases. Additionally, the rent amounts for commercial property can be quite expensive, considering an entire building or large lot may be leased.
Some written agreements may provide for a way for the parties to terminate the arrangement between the parties without consequence. However, tenants may waive some of their rights, including their right to unilaterally terminate the agreement, when they fail to make timely rental payments, do not adhere to the terms of the lease, or otherwise place strain on the landlord-tenant relationship.
When these situations arise, a landlord may wish to end the landlord-tenant relationship altogether. The landlord may choose whether to bring an action seeking possession only (i.e. the landlord is not concerned about the rent owed, but wants possession of the property back) or to file a joint action seeking both rent owed and possession of the property. Sometimes, even when a court order is entered requiring the tenants to leave the property by a certain time and date, the tenant will fail to do so. This is when additional remedies such as forcible evictions through the sheriff or marshal service will come into play, where the tenants are forcibly removed from the property.
Though the procedures for evicting commercial and residential tenants in New York are similar, there are some special nuances to evicting commercial tenants, all of which our experienced landlord-tenant attorneys at our office can help you navigate and understand. Commercial leases often involve great sums of money; we are dedicated to helping you recover what is owed to you.
Residential property evictions are similar in many ways to commercial property evictions. Residential property evictions are most common where there is a lease agreement whereby a landlord agrees to lease property to the tenant in exchange for rent. There are also likely terms that the tenant must agree to in order to live there, such as rules regarding the ownership of pets, garbage, noise levels, or expectations for cleanliness of the area occupied by the tenant. Non-compliance with these rules, including the failure to pay rent, may give the landlord a right to terminate the tenancy and collect the money owed.
If a tenant is not paying you rent, you may want to file a nonpayment case in order to sue the tenant for rent owed. If the tenant is no longer on the property, but they still owe you money, you may have to file a separate civil proceeding outside of housing court. There are very specific forms and procedures that must be adhered to when making an initial demand for non-payment of rent or filing suit for back rent owed and the only way to ensure this is done correctly is to hire an experienced evictions attorney to prepare this documentation and explain the procedures. Improper or incomplete filings needlessly delay the eviction process, which can already be time-consuming, even when done correctly. By hiring an experienced attorney at our firm, you can be confident that the paperwork will be completed and the procedures will be followed correctly the first time around, making sure your property is returned to you and the amount of money owed to you is paid as soon as possible.
Another common type of eviction proceeding does not necessarily involve rent money owed, but rather, occurs when a tenant stays on the property after the lease agreement between the parties has ended. This is called a “holdover” tenant. Filing an action for possession against a holdover tenant is, in many ways, similar to filing for back rent owed. The objective with a holdover tenant is to regain possession of the premises and collect any additional rent money that may have incurred due to the tenant’s extended stay on the property.
Finally, many eviction proceedings may involve damage to the landlord’s property or other similar civil claims that we can help you with. An eviction proceeding in New York is limited solely to the issues of non-payment of rent and possession of the property; however, these lawsuits often lead to tenants bringing their own actions against their landlords for alleged violations of the lease agreement or New York housing laws. Should this happen, we are prepared to zealously advocate on your behalf for issues arising outside of the simple possession and rent matters and raise any counter-arguments necessary to protect our clients.
New York Landlord-Tenant Lawyers
As attorneys for landlords in the greater Albany, New York area, we strive to ensure the eviction process is as quick and smooth as possible. We understand that our clients are losing money for every day they are unable to lease their property to paying tenants, and will work expeditiously to ensure that back rent is paid and the property will become available for re-letting, regardless of whether it is a commercial or residential space. We have familiarity with all areas of landlord-tenant law and will fight to ensure that your rights as a landlord in New York are protected to the full extent.