Understand the Rights and Remedies for Eviction and Nonpayment in New York
The attorneys of Nadel & Ciarlo routinely handle simple and complex nonpayment and eviction proceedings in New York City. We enable landlords to collect past-due rent and take back possession of rental property in a timely and cost-efficient manner. We also advocate for commercial and residential tenants, negotiating settlements and asserting defenses to eviction.
Our lawyers have more than 25 years of dedicated experience in landlord-tenant law across the NYC metro area. We will explain your rights and your options and take the proper steps to assert and preserve the legal remedies available to you.
Representation of Commercial and Residential Landlords in New York
We represent owners of residential and commercial properties as well as owners of co-ops and condos, and managers of apartment buildings. Every lease and situation is different, but it is always important to take quick action to enforce your rights. We have experience with the specific procedures regarding:
- Nonpayment rent proceedings — Submitting a demand for rent, serving notice and obtaining a judgment
- Settlements — Partial payment, installment terms or other out-of-court resolution
- Initiating eviction proceedings — Obtaining an eviction order and arranging for forcible removal if necessary
- Holdover actions — Eviction for lease violations regardless of rent paid
- Rent demands
- Three-day, five-day and 10-day notices
- Abatement claims
- Constructive eviction claims
- Plenary action — Pursuit of remaining past-due rent and other claims and actions after eviction
- Supreme Court – Ejectment, injunction, post-eviction, acceleration and guarantors
We understand that the loss of even one month’s rent from a tenancy is costly. Our lawyers move quickly and precisely in our approach to collecting arrears or evicting nonpaying tenants. For example, once eviction is commenced it is important to know when to accept payment or partial payment, and how to stop the tenant from prolonging the court process.
Experienced Tenant Representation in Eviction and Nonpayment Actions
Individual and business tenants have very specific rights and legal remedies. Our attorneys are knowledgeable in all defenses to nonpayment proceedings such as breach of warranty of habitability, constructive eviction, lease construction/interpretation, substantial completion, or unilateral modifications to the lease.
We will ensure that your rights are protected in eviction actions. You may be entitled to a reasonable opportunity to pay the arrears and comply with the lease. You may be entitled to a hearing and defenses. You may be entitled to advance notice of an eviction. You may have additional protections if your residence is located in a rent-stabilized or rent-controlled property.