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(718) 994-1640
(718) 994-1640

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Eviction Cases FAQ

QMy Tenant Has Moved a Washing Machine or a Dog Into the Apartment in Violation of the Lease.

We prepare Notices to Cure and those are then served by the process server. If the Tenant fails to Cure we then prepare and file a Holdover based on Tenants failure to Cure. Be aware however that the Court will give Tenant time to Cure even after Trial in most cases. The Court may also allow us to put Probation into any Stipulation of Settlement so if the Tenant had sublet if the same conduct occurs again you need not start a new case but we can evict after one more Court date.

QI Have a Section 8 Tenant

The Rules are slightly different for Section 8 NYCHA tenants. We can explain the differences to you in a free consultation. Bring your Section 8 lease and contract and voucher payments to the consultation.

QMy Tenant Has Been Arrested for Assaulting a Member of My Family or Another Tenant What Can I Do?

A Nuisance Holdover is where the Tenant is doing something which can’t be cured. It is where you allege it is unsafe or improper for Tenant to remain as it is dangerous for the other occupants of the building. We handle Nuisance Holdover cases.

QWhat Is an Order to Show Cause?

An Order to Show Cause (OSC) is an ex parte application by one side or the other, usually by the Tenant is which the Tenant asks for more time to either pay rent or to find a new apartment. It could delay your case by several weeks or more depending on the scheduling of the Judge in your case.

QWill the Tenant Be Evicted Immediately?

Unfortunately the answer to that question is NO. In the City of New York, the Clerk of the CourtM prepares a Final Judgment. The attorney then prepares a Requisition for a Warrant and delivers this to the City Marshal. It takes about a MONTH for that Warrant to be issued. Eviction can take place a week after the City Marshal then serves a Notice of Eviction upon your Tenant unless there is an Order to Show Cause. In Mount Vernon, the procedure is much faster as the attorney can bring a Judgment and Warrant to Court and the Judge signs them immediately while the attorney is at the argument table.

QDoes Any Kind of Notice Have to Be Served on the Tenant Before I Can File a Case?

The fast answer is that it is almost always better to have served a written demand.

If there is a lease and you wish to get your rent in a Non Payment case a 3 or 5 day notice (again we need to see your Lease to show you where it states how and what kind of notice must be served) should be prepared by your attorney, signed by you and then served by a licensed process server.

If you want to commence a Holdover case because you really want the Tenant OUT, then a 30 day notice must be prepared and served on the tenant.

There are limited exceptions, speak to us and we will be happy to see if the exceptions apply to your case.

QWhat Is the Difference Between a Non Payment Case and a Holdover Case?

In a Non Payment case, the Landlord is asking for the rent. If the Tenant can pay the rent the Tenant does not have to move.

In a Holdover case, the Landlord is asking the Tenant to move. If the apartment is a legal apartment the Landlord may also ask for back rent to be paid as well as rent for the period from commencement of the case until the eviction by the City Marshal.

Call Us Today

4419 White Plains Rd.
Bronx, NY 10470

Phone: (718) 994-1640

Fax: (718) 325-7439


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