How To Handle Landlord And Tenant Disputes in The Bronx
Disputes between tenants and landlords usually come in different forms, from maintenance and upkeep issues to rent payment issues and potential eviction.
As well as looking at and signing the terms and conditions of a rental agreement, knowing your rights and responsibilities are a landlord or as a tenant may help you avoid future hassle and frustration.
Call (718) 792-1200, it will save you money as well as the stress of hiring an experienced Bronx landlord dispute attorney.
When you are negotiating a dispute with your tenant or your landlord, you should be very careful to make sure that neither of you attempts to keep up and maintain their side of the agreement while protecting their interest. This should be done with the help of a Bronx landlord lawyer at Stark Law PLLC.
Unlawful Detainer and Eviction
Eviction is the process of terminating or putting an end to a rental agreement, basically for certain reasons. Hence, asking the tenant or forcefully making the tenant leave the rental unit. Some of the common and frequently occurring issues that result in eviction include non-payment of rent, keeping pets that are contrary to the rental agreement rules, or engaging in unlawful activities in the property.
There are laws already in place to ensure every eviction follows due process. The laws put in place protect and favor both landlords and tenants. Evicting a tenant isn’t as easy as just telling to vacate your property. There are certain processes in place to make sure that tenants have their say, and also to give the tenant enough time to look for another facility.
The very first step involved in tenant eviction is serving them a formal eviction notice, explaining the basic issues that need to be corrected. If the tenant doesn’t respond on time, the landlord may go to Court and file for eviction. But this process can only be done with the help of a Bronx eviction lawyer. This procedure is also referred to as an “unlawful detainer” action.
How Long is the Eviction Process in New York?
The eviction process in New York is rarely quick. For a non-payment case, the clock begins with a mandatory 14-day written rent demand. If the tenant doesn’t pay within those two weeks, a landlord can then file a notice of petition and petition.
In holdover cases, the predicate notice period can range from 30 to 90 days, depending on how long the tenant has lived in the unit. Once the case is officially in the court system, there are statutory service requirements that typically set the first hearing date 10 to 17 days after the tenant is served.
However, due to administrative processing and the tenant’s right to request an initial adjournment, it’s rare to see a final judgment within three to four months. Even after a judge signs a warrant of eviction, the New York City Marshal must provide an additional 14-day notice before the physical eviction occurs. Realistically, Bronx landlords should prepare for a process that lasts anywhere from five to nine months.
Handling a Landlord Dispute Outside of the Court
Not all landlord-tenant disputes can be resolved easily by talking to the tenant or landlord. But if you can avoid taking the case to court, it will definitely be the least expensive, the best option you have. One way you can resolve it get a third-party mediator involved to help draft an agreement between you both. You can get a cost-effective mediation program for resolving land and tenant disputes through bar associations and private companies.
Resolving Landlord Disputes inside the Court
The last and final destination for handling landlord-tenant disputes after mediation and direct communication seems not to work is the court. While they can’t hear any kind of case, a lot of landlord disputes that involve a little amount of money can be taken care of in small claims.
What to Expect in Bronx Housing Court?
If your dispute reaches the Bronx Housing Court, preparation is key. This courthouse is extremely busy, often seeing thousands of people daily. When you arrive, you’ll pass through security and then navigate to a specific Resolution Part, where most cases are handled through negotiation rather than an immediate trial.
Expect a crowded environment where you’ll likely meet with a court attorney, a legal professional who assists the judge in helping parties settle. It’s vital to bring original documents, including the lease, the deed to the property, the Multiple Dwelling Registration (MDR) if applicable, and a precise, up-to-date rent ledger. Most cases in the Bronx are resolved through a Stipulation of Settlement, a written agreement that outlines how the tenant will pay the arrears or when they will vacate. If the parties can’t settle, the case will eventually be referred to a Trial Part for a formal hearing.
Housing Court also provides access to legal assistance and resources for qualifying tenants, which can affect how quickly a case moves forward. Judges have broad discretion to grant adjournments, especially when tenants are seeking counsel or applying for rental assistance.
How Long Does a Landlord-Tenant Dispute Take to Resolve?
The duration of a landlord-tenant dispute in the Bronx varies significantly based on the complexity of the defenses raised. While a simple non-payment case might be resolved in several months if the tenant agrees to a payment plan, a contested holdover case involving a warranty-of-habitability defense or claims of harassment can stretch well beyond a year.
The Bronx currently faces a substantial court backlog, and the availability of legal aid for tenants often results in multiple adjournments to allow counsel to be properly assigned and briefed. If your case goes all the way to a trial, you’re looking at a much longer timeline than if you settle in the Resolution Part.
Generally, disputes involving commercial properties move slightly faster than those involving residential properties, but in both instances, the speed of resolution depends heavily on having an experienced Bronx landlord-tenant attorney who can ensure all filings are error-free. Even a minor procedural mistake in a notice can result in a case being dismissed, forcing the landlord to restart the months-long process from the beginning.
Call Our Skilled Bronx Landlord Tenant Attorneys Today
For example, issues that are taken care of in small claims courts include unreturned security deposits or unpaid rent. So the help of a is required during this process.​ Contact us today for a free consultation.