Landlord and Tenant Disputes
How Landlord and Tenant disputes in NY are decided?
When a conflict arises between landlord and tenant, New York offers specialized housing courts to resolve the dispute. To initiate proceedings, tenants must file a complaint detailing their grievances with the court while landlords are given opportunity to provide evidence in defense of their position when called upon at an ensuing hearing. This provides both parties equitable recourse for issues related to residential living arrangements throughout The Empire State.
When a disagreement between landlord and tenant arises, the first action taken is typically for the tenant to file an official complaint in housing court. This document outlines both the dispute’s complexities as well as any requested relief from either party. Subsequently, once proper documentation has been filed by all parties involved, a hearing will be scheduled during which time evidence can then be submitted with relevant testimony given on behalf of each individual side.
A court will make a judgment based on all relevant evidence in any landlord-tenant dispute. Should it be demonstrated that an unlivable space has been provided, they may take action in form of repairs or improvements to remedy this situation. Conversely should delinquent rent payments exist, the tenant could face charges for arrears; depending upon circumstances though, such scenarios can sometimes result in orders for landlords regarding reimbursement of deposits.
In disputes concerning a breach of lease, the court typically steps in to ensure compliance with each party’s contractual obligations. Accordingly, they may order necessary measures taken by either tenant or landlord for resolution.
Be mindful that court decisions are absolute and cannot be changed. However, either litigant has the option of filing an appeal with a higher jurisdiction if they feel their case was not appropriately handled. Consulting with a legal practitioner is highly advisable when maneuvering through judicial proceedings to ensure comprehensive representation in courtrooms across various levels of tribunal.
In New York, how does an eviction for non-payment work?
In New York, an eviction for non-payment of rent typically follows a specific process. The landlord must first provide the tenant with a notice to cure, which gives the tenant a certain amount of time (usually three to five days) to pay the overdue rent or vacate the property. If the tenant does not pay the overdue rent or vacate the property within the time frame specified in the notice to cure, the landlord can then file a petition for eviction with the housing court.
Once the landlord files a petition for eviction, the court will schedule a hearing. Both the landlord and tenant will have the opportunity to present evidence and testimony in support of their respective positions. The court will then make a decision based on the evidence presented. If the court finds that the tenant has failed to pay the overdue rent, the court will typically issue a warrant of eviction.
A warrant of eviction authorizes the sheriff to physically remove the tenant from the property. The sheriff will typically give the tenant a notice of eviction, which gives the tenant a certain amount of time (usually 24 hours) to vacate the property before the sheriff will physically remove the tenant.
It’s important to note that in New York, during the eviction process, landlords are not allowed to cut off essential services (such as heat, electricity, or water) to try to force the tenant to vacate the property. Also, the eviction process may be stopped, if the tenant pays all the overdue rent, the court fees and the landlord’s expenses.
It’s also important to note that the eviction process may be stopped, if the tenant pays all the overdue rent, the court fees and the landlord’s expenses. Furthermore, there are certain laws and regulations that protect tenants from eviction during certain times, such as the COVID-19 pandemic and state of emergency.