Part of renting or owning a rental property in New York is having to deal with the various legal issues that will inevitably arise. In some instances, either the owner or the renter will have to face an eviction notice. This is a difficult circumstance that will require legal advice regardless of the position the individual is in. There are various aspects of landlord/tenant law that provide protections and rights to both sides. Understanding that is key when there is an eviction attempted by an owner or defended against by the renter.
When evicting a tenant, it is not a simple matter of providing the notice and then the person will immediately be compelled to leave. There are steps that have to be taken to ensure everyone is treated appropriately. A tenant who has been issued an eviction notice needs to be aware that the landlord cannot do certain things to expedite the departure. For example, the renter cannot be subjected to violent threats or the removal of the person’s possessions from the residence. In addition, the landlord cannot cut off the heat, water or other services that are part of renting a residence. The tenant cannot be locked out of the location without papers being served for it.
Landlords are also protected under the law. If a tenant is committing violations, then the landlord has the right to take steps to get the tenant out of the residence. The failure to pay rent is one example of a violation. A legal professional can help with moving forward with a court proceeding to recover rent that is due or past-due. If tenants are refusing to leave after the lease has expired, proceedings to deal with that can commence. Warrants to evict and judgments of possession can also be obtained.
In short, everyone who is involved in landlord-tenant disputes has rights. In order to protect those rights and make certain the law is adhered to, a lawyer is an imperative. Whether functioning as a tenant or a landlord, a lawyer is a key factor when there is an eviction notice and that is the first call that either side should make to rectify any issue.