Landlord Only Representation
Our
Firm represents landlords only. We
have successfully evicted hundreds of tenants in
Town Courts throughout Central New York as well
as the Syracuse City Court. New York's
landlord-tenant laws are among the most complex
and detailed in the nation. If you are a
landlord and need a tenant evicted, there are
several appropriate methods to remove a tenant
legally and efficiently depending on your
particular situation.
Article 7 of the New York Real Property Actions
and Proceedings Law provides landlords with a
quick and efficient “cookbook” method to remove
non-paying or problem tenants with what is known
as a summary proceeding. A successful summary
proceeding may permit a landlord to remove a
problem tenant and regain possession of the
premises in under thirty (30) days, but only if
the landlord follows the exact “recipe” of rules
set out under the statute. Failure to follow
these rules can result in having your case
thrown out of court. Our attorneys will guide
you step-by-step throughout the process to
ensure that your eviction proceeding will stand
up in court. We know the rules and the pitfalls
and common mistakes made by landlords, and can
assess the most appropriate method to remove
your tenant legally and efficiently.
Non-Payment Proceeding. In a
non-payment summary proceeding the landlord
simply sues the tenant for nonpayment and seeks
an order, warrant, and judgment to evict the
tenant. Note, if the tenant pays all outstanding
rent, costs, and fees through the hearing date,
they may remain in the premises.
Holdover Proceeding. In a holdover
proceeding, the landlord seeks to regain
possession of the premises based on the
expiration of the lease, or a breach of specific
lease provision (i.e. some bad behavior of the
tenant). Note, in this type of proceeding, if
the tenant is on a month-to-month tenancy, the
landlord must give thirty (30) day notice to the
tenant terminating the lease. The notice itself
must contain specific information and be
properly served on the tenant. Failure to
properly notice and serve the tenant in a
holdover proceeding may result in your case
being dismissed.
Adult Home Evictions
Our firm has also developed a niche practice in
commencing special proceedings on behalf of
adult home operators under Social Services Law §461-g to terminate residents'
admission agreements and involuntarily discharge
residents from their facilities in appropriate
circumstances, involving nonpayment or where the
facility can no longer meet the particular
resident's medical needs.
The New York
law governing these evictions is complex and
D'Arrigo & Cote has successfully handled
numerous of these cases through judgment and
eviction across Upstate New York. Call us today
for a free consultation on your adult home
eviction matter.
Experienced, Knowledgeable Advice
Our attorneys can advise you on the best way to
remove your problem tenant based upon your
particular circumstances. We give personal
attention to each case because we know how
important landlord-tenant issues can be to the
people involved.
If you are a landlord who depends on income from
leased property, we can help. If you are
homeowner who relies on rental income to help
pay the bills, we know how important it is to
have that steady income and to get that problem
tenant out so that you can re-let premises as
soon as possible. We invite you to call our
offices for a free consultation regarding your
landlord/tenant issues.
Contact Us
To arrange a
confidential meeting to discuss your
landlord/tenant
needs, contact our offices by e-mail or call (315) 451-2383.
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