Our experienced New York City landlord attorneys understand the nuances of landlord-tenant law and are here to help protect your interests.
Whether you’re a landlord seeking to evict a tenant, our team can provide the guidance and representation you need.
With a track record of success and a commitment to personalized service, Stark Law PLLC is the right choice for all your eviction law needs.
Why Choose Us at Stark Law PLLC?
Eviction is a stressful and difficult process for both tenants and landlords. If you are facing eviction in New York City, it’s important to hire an experienced eviction lawyer NYC to protect your rights and interests. In this article, Stark Law PLLC will answer some common questions about hiring an eviction lawyer in NYC.
Do I Need a NYC Eviction Lawyer?
While it’s not legally required to hire an eviction lawyer, it’s highly recommended if you want to ensure that your rights are protected and the eviction process is handled properly. An experienced eviction lawyer can help you navigate the complex legal system, negotiate with your landlord or tenant, and represent you in court if necessary.
Types of Eviction Cases We Handle in NYC
Eviction cases in New York City are governed by strict procedural rules, local housing regulations, and tenant-protection laws that can significantly impact how a case proceeds. At Stark Law PLLC, we represent landlords in a wide range of eviction matters across all five boroughs. Whether the issue involves unpaid rent, lease violations, or the lawful recovery of possession after a tenancy ends, our attorneys understand how to navigate Housing Court efficiently while minimizing delays and costly missteps.
Every eviction case is different, and the strategy required depends on the type of tenancy, the reason for eviction, and whether the property is subject to rent regulation or other local protections. Below are some of the most common eviction cases we handle in NYC.
Nonpayment Evictions in New York City
Nonpayment evictions are among the most common cases filed in NYC Housing Court. These cases arise when a tenant fails to pay rent that’s legally due under the lease. However, even seemingly straightforward nonpayment matters can become complex due to strict notice requirements, rent-stabilization rules, and tenant defenses.
Before a landlord can file a nonpayment case, they must serve the proper rent demand notice and comply with all applicable statutory waiting periods. Tenants may raise defenses related to habitability issues, rent overcharges, improper notices, or partial payments. Any procedural error can result in dismissal and force the landlord to restart the process.
Our experienced NYC eviction lawyers can help ensure that notices are properly drafted and served, payment histories are accurate, and the case is positioned to move forward efficiently. Legal guidance is essential where tenants seek adjournments, apply for rental assistance, or attempt to delay proceedings.
Holdover Evictions and Lease Violations
Holdover evictions occur when a tenant remains in possession of a property after their legal right to occupy it has ended. This may happen when a lease expires, a month-to-month tenancy is lawfully terminated, or a tenant violates a material lease provision.
Common grounds for holdover evictions include unauthorized occupants, illegal subletting, persistent nuisance behavior, illegal use of the premises, or failure to cure lease violations after notice. These cases often require careful documentation and precise compliance with notice-to-cure and notice-of-termination requirements.
Because holdover cases frequently involve factual disputes and heightened scrutiny by the court, having legal representation is critical. Our eviction lawyers can help landlords build a strong evidentiary record, respond to tenant defenses, and pursue possession while avoiding claims of retaliation or improper termination.
When Should I Hire a NYC Eviction Lawyer?
It’s best to hire an eviction lawyer as soon as possible after receiving notice of eviction or deciding to evict a tenant. This will give your lawyer enough time to review your case, gather evidence, and develop a strategy for protecting your rights and interests.
What Can an Eviction Lawyer in NYC Do for Me?
An eviction lawyer can provide a range of services depending on your needs, including:
- Reviewing your lease agreement and identifying any rights or obligations you have.
- Helping you understand the eviction process and your options.
- Negotiating with your landlord or tenant to resolve the dispute amicably.
- Representing you in court if necessary.
- Preparing and filing legal documents.
- Advocating for your rights and interests.
When choosing an eviction lawyer in NYC, consider the following factors:
- Experience: Look for a lawyer with extensive experience handling eviction cases in New York City.
- Reputation: Read online reviews and ask for referrals from friends or colleagues to find a lawyer with a good reputation.
- Communication: Choose a lawyer who communicates clearly and promptly with you and keeps you informed throughout the process.
- Fees: Make sure you understand the lawyer’s fee structure and choose a lawyer who is transparent about their fees.
How Much Does an Eviction Lawyer Cost?
The cost of hiring an eviction lawyer in NYC can vary depending on several factors, including the complexity of your case and the lawyer’s experience and reputation. Many lawyers, including Stark Law PLLC, offer flexible fee structures, such as flat fees or contingency fees, to make legal representation more affordable.
Even if you are facing financial difficulties, it’s important to invest in legal representation to protect your rights and interests during the eviction process. Many eviction lawyers offer flexible fee arrangements, such as payment plans or sliding scale fees, to make their services more accessible to clients with limited resources.
How Long Does an Eviction Take in New York?
The length of an eviction case in New York City varies widely depending on the type of eviction, court backlog, tenant defenses, and whether the case is contested. In general, an uncontested nonpayment case may take several months from initial notice to final resolution, while contested or complex cases can take significantly longer.
Delays may occur due to adjournments, motion practice, settlement negotiations, or applications for rental assistance. Holdover cases often take additional time because they involve evidentiary hearings and more extensive legal arguments.
Even after the court issues a judgment of possession, landlords must take additional legal steps before regaining possession, including coordinating with city marshals and complying with post-judgment notice requirements. Attempting to bypass these steps can expose landlords to severe legal penalties. Working with our experienced eviction lawyers can help reduce unnecessary delays, ensure procedural compliance, and keep the case moving toward a lawful resolution as efficiently as possible.
What Should I Bring to My Consultation with an Eviction Lawyer?
To make the most of your consultation with an eviction lawyer, bring the following documents and information:
- Your lease agreement
- Any notices or correspondence related to the eviction
- Your tenant or landlord contact information
- Any evidence or documentation supporting your case
What Happens If I Don’t Hire an Eviction Lawyer?
If you choose not to hire an eviction lawyer, you risk losing your case and suffering serious consequences, such as eviction, loss of rental income, or damage to your credit score. It’s always better to invest in legal representation to protect your rights and interests during the eviction process.
In conclusion, hiring an experienced eviction lawyer in NYC is essential to protect your rights and interests during the eviction process. Consider the factors mentioned in this article to choose the right lawyer for your needs. Contact Stark Law PLLC today for a free consultation and let us help you through this stressful time.
Please Contact Stark Law PLLC, NY’s leading landlord-tenant law firm, and request a free consultation today