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Facing Eviction in New York? Here's How to Defend Yourself

Posted by Melvin Monachan | Jun 24, 2019 | 0 Comments

When renting an apartment or condo in New York, the last thing you want to see is an eviction notice from your landlord on your door. An unsuspecting eviction letter can put a serious damper on your life, turning what you thought was a stable living situation into a crisis. In a very short time, you'll be forced to find new housing and move your family and all your stuff into a new place - not an easy task for those who work and lead busy lives.

If you find yourself in this predicament, don't pack up all your stuff just yet. With the help of an attorney, there are legal actions you can take to prevent your landlord from evicting you. But these actions can only be taken under certain circumstances. Here are a few circumstances in which a landlord may not have reasonable grounds to evict you.

The landlord didn't give you proper written notice

In order for an eviction to be legal in accordance with New York law, the landlord must give a tenant a written notice, also known as a termination letter. The type of administered will be determined based on the reason for eviction. There are essentially three types of notices given out.

  1. Three-day notice to pay rent or leave: if you don't pay your rent when it's due, the landlord has the authority to give you a three-day notice to do so, or you'll be forced to leave the rental unit. If you to stay past the allotted time of three days without either paying rent or moving, a landlord can and most likely will file an eviction lawsuit with the courts.
  2. Notice to cure: the first time you violate your lease, you should be given a written “notice to cure.” It's essentially a warning informing a tenant that they have ten days to rectify their lease violation. If you fix the problem in ten days, a landlord can't take further action against you. But if you don't correct the violation within the deadline, the next step is for the landlord to give you a written notice of termination.
  3. Notice of termination: After a notice to cure (that ultimately wasn't resolved) comes a notice of termination. This notice informs a tenant that they have 30 days to vacate the rental unit. If you refuse to move, a landlord can initiate eviction proceedings through the court system.

If none of these situations apply to your case, your landlord does not have the proper grounds to evict you.

You have been subjected to retaliation

Some tenants may report a landlord to a government agency if they suspect that a violation has occurred. It isn't uncommon for a landlord to retaliate out of anger and evict tenants in response to this action. If this sounds like your situation or like interactions with your landlord, contact an attorney to build a case that proves your landlord's actions are retaliatory and therefore, unlawful.

You have been denied your right to fair housing

If you suspect that discrimination is the basis of your landlord's reason for eviction, there is a legal remedy. Contact a legal professional immediately to building your eviction defense case.

Contact Real Estate Attorney Melvin Monachan

In eviction disputes, time is of the essence. At the Law Offices of Melvin Monachan, PLLC, we've helped people in this situation battle unfair evictions and keep their residencies. We can help you find a viable solution also. Contact us today by filling out a contact form or give us a call at (516) 714-5763.

About the Author

Melvin Monachan

Melvin Monachan is the founder of The Law Office of Melvin Monachan, PLLC, a full service, real estate law firm representing individuals, investors and corporate entities in all aspects of real estate law. On the transactional side, Melvin represents purchasers and...


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