Legal Question in Landlord & Tenant Law in New York

tenant-eviction-apartment.

violated rental agreement, has repeatedly beenlate with rent-owes 4 months now.letter to leave has been given. need to do everything right in as little time as possible.they are not moving, next step to take? Can I do this on my own?


Asked on 3/23/11, 12:06 pm

2 Answers from Attorneys

Yes, you can do it on your own. But it must be perfect as to not give them an opportunity to have a defense. If they have any know-how, and you are doing this on your own, you will probably do something that allows them a defense- I'm not saying anything about you, or trying to get your business (I am not even in NY now to take cases)- that's just the odds you are up against. If you decide to do this on your own, find a resource so that you understand and use

i) the exact language that must be in the notices for your type of building and your type of rental arrangement (they vary- use the right language)

ii) the correct form of service (usually in person and/or by certified mail - but there are other requirements for specific situations) AND

iii) the right date to give the notice. If this is a non-pay case, the date may not be as important- but again that depends on the type of rental arrangement and the type of building you are concerned with. If this is a holdover case dates are VERY important.

If you cannot determine whether your case should be a non-pay or a holdover- then you should probably get an attorney to help you through this as that is where your decision-making should start.

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Answered on 3/23/11, 12:35 pm
Michael Markowitz Michael A. Markowitz, PC

If rent is owed you would start a nonpayment proceeding. How you commence the action depends on your jurisdiction. Although you may commence the action on your own, it is easier and quicker to retain an attorney.

Mike.

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Answered on 3/23/11, 12:59 pm


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