LANDLORD/TENANT LAW

/in /by

The attorneys at McKinley Onua have decades of experience navigating New York Housing Courts.  We handle both residential landlord/tenant matters, as well as commercial matters.  Whether your need is to evict a tenant or negotiate a lease, our team of experienced attorneys will give you peace of mind when it comes to all legal aspects of your property ownership and management.

Eviction

Eviction refers to a landlord regaining possession of property, usually occurring because of a tenant’s material violation of a lease and/or not paying the agreed upon rent. A landlord may not evict a tenant in retaliation for the tenant reporting housing violations or other problems with the condition of the property.

A landlord has 1 of 2 methods he can use to evict a tenant:

  1. Self-help Eviction
    1. The landlord physically enters the premises and causes the tenant to leave. The landlord, however, must use only a reasonable amount of force. In the limited number of jurisdictions that still allow self-help evictions, a court would determine what a ‘reasonable’ amount of force would be. These evictions are used with commercial evictions in very limited circumstances. Self-help evictions are not permitted in the state of New York for residential tenants.
  2. Sue to Evict Tenant.
    1. The landlord can sue to evict a tenant. When a landlord received a judgment of possession (aka eviction), the landlord must then use a City Marsal or Sheriff to enforce the judgment by removing the tenant from the property. The landlord cannot remove the tenant himself.

Evictions are brought in Housing Court, a section of the civil courts specifically dedicated to resolving landlord/tenant issues. There are two types of actions that may be brought by a landlord in Housing Court when suing a tenant:

  1. Non-Payment Action
    1. A Non-Payment Action is a legal proceeding brought by a landlord against a tenant to collect unpaid rent. A landlord must first make a formal rent demand for any unpaid amounts before commencing this action.
  2. Holdover Action
    1. A Holdover action is a legal proceeding brought against a tenant where the landlord seeks possession of his property. A landlord may seek possession of the property through a Holdover action when a tenant is in breach of a lease, remains in the apartment after the expiration of the lease, when a tenant illegally puts another tenant in the apartment, or if a tenant becomes a nuisance to other tenants.
    2. A Holdover action may also be brought against a sub-tenant or roommate, by the primary tenant named on the lease. Where there is no lease, and a landlord inherits a tenant after the purchase of a property, a Holdover proceeding may be commenced.

HP Actions

There are other instances when a tenant may file a case in New York City Housing Court against a landlord.  A tenant may file an HP Action in order to obtain emergency repairs to an apartment or dwelling, where the conditions pose a threat to the health or safety of the tenants. An HP action may also be initiated by the New York City Department of Housing Preservation and Development (HPD) where there are allegations of improper maintenance, a lack of essential services such as heat and hot water, or a need for repairs to an apartment or building.