Landlord & Tenant
Overview
Eviction proceedings in New York are technical in a way that catches people out. They are governed by real property law that changes often, and a petition with the wrong predicate notice, the wrong dates, or the wrong parties does not simply get corrected — it gets dismissed, after the time and cost of bringing it.
The firm appears in landlord-tenant matters throughout New York City and the surrounding counties, for clients ranging from management companies to owners of a single building. Most of the work is getting the proceeding commenced correctly the first time.
What we handle
What to expect
01
Free case evaluation
A review of the tenancy, the lease, the arrears and any notice already served — before anything is filed.
02
Predicate notice
Preparing and serving the notice the proceeding depends on. Most dismissals trace back to a defect at this stage rather than to anything argued later.
03
Petition and appearance
Commencing the proceeding in the correct court and appearing on the calendar, including any adjournments or motions the tenant raises.
04
Judgment and warrant
Obtaining the judgment and, where possession is awarded, the warrant of eviction for execution by the marshal.
Common questions
What is the difference between a holdover and a non-payment proceeding?
A non-payment proceeding is brought to recover unpaid rent and, failing that, possession. A holdover is brought to evict for any other reason — the lease expired, the tenancy was terminated, the premises are being used in breach, or the tenant is not in primary residence. They require different notices and follow different procedures.
Can I remove a tenant without going to court?
No. New York requires a court proceeding and a warrant of eviction executed by a marshal or sheriff. Changing the locks, removing belongings, or shutting off services is an unlawful eviction and exposes the owner to liability rather than resolving the tenancy.
How long does an eviction take?
Longer than most owners expect, and the range is wide. Court calendars, adjournments, and any defence or counterclaim raised all extend it. A proceeding that is commenced correctly moves considerably faster than one that has to be discontinued and started again.
Related practice areas
- Real Estate LitigationDisputes over property — partition actions, foreclosure defense, quiet title, and specific performance in New York's state and federal courts.
- Business TransactionFormation, purchase, sale and dissolution of businesses — with the documents drafted to keep the transaction out of litigation later.
Free confidential case evaluation