Landlords and property owners are growing increasing frustrated with the fact that they cannot get tenants out. The Covid 19 eviction moratorium has tied the hands of the already tenant friendly housing court.
In the Nassau County Housing Court, dates for Newly filed evictions are being given into December now—and before long those dates will go into the first of the year. Suffolk County housing court isn’t that much better.
In New York City Dates are not being provided at all. You file, the case gets an index number and then it sits and collects dust.
However, none of this means doesn’t mean that landlords not have options in holding his or tenants liable—which help push cases forward and otherwise tend to usher settlement in an environment that is stalled in gridlock.
While most landlords are waiting for his and her day in Housing Court—my clients are forging ahead in Supreme Court where the proverbial chickens come home to roost a lot sooner than is currently available.
In other words, in a Supreme Court action the matter moved more quickly than in Housing Court—which has a more immediate effect on your trouble tenant.
Landlords should think about ejectment—especially when the landlord has not accepted rent after the expiration of a lease. There are a number issues that must be explored to determine if this is the right option for you.
FRAUD IN THE INDUCEMENT
Landlords should ask think about fraud in the
inducement—did the tenant lie to you in order to get into the rental to begin with? If so, having an attorney file a Supreme Court action asking the Court to void the lease is an effective approach.
BREACH OF CONTRACT
Landlords should think breach of contract. Is your tenant still working, making monies, but not paying your rent? A successful breach of contract gives you options to recover the rent.
Order to Show Cause to Help Protect Your Property
Is your tenant damaging your property? You should think about filing for a temporary restraining order along with your case to enjoin, or restrain the tenant from committing damage or waste.
Call my Office to Explore Solutions
In troubling times for landlords—we lawyers have to be creative. As the saying goes—there’s more than one way to skin a cat.
If you are confronted by trouble commercial or residential tenants—give my office a call. I’ll hear out your situation and offer you a way forward.
In many situations, depending on the facts of your trouble tenant—bringing matters in Supreme Court drives settlement which gives you the peace of mind of having an effective “out date.” It also holds tenants who are taking advantage of the system be accountable for his or her actions.
I pride myself in being results driven for all of my clients. I proudly serve landlords in Throughout Nassau County in places like Suffolk County, Brooklyn, Bronx, Queens, and Manhattan. I offer top notice, hands on representation, affordably.