Being threatened with eviction can be heart-stopping, and it may happen if you aren’t able to pay rent or if there is some kind of violation of the lease or rental agreement. However, many people do not realize that in New York, it’s sometimes possible to challenge the eviction process. Individuals may have a defense available to challenge an eviction for several reasons, but it can be a tricky endeavor, and most often, individuals cannot go through the process alone.
This is why people looking to challenge the eviction process may want to retain the services of an NYC real estate lawyer. A lawyer who understands evictions and who knows when a resident may be able to defend themselves against eviction can be there to help build a case. With this in mind, here are some situations in which an individual may be able to fight an eviction.
Lack of Notice Regarding Nonpayment or Violations
While an individual may be evicted for failure to pay rent or for violations of their lease, it’s important to note a landlord must provide notice prior to eviction. In the case of eviction for failure to pay rent, they must give a fourteen-day notice. If they fail to do so, an individual may have a case and can contact a New York lawyer to help them stay in their residence for the time being.
Likewise, with lease violations, a landlord must provide an individual a notice with 10 days allowing them to fix the violation. Only if they fail to fix the violation can they be evicted, and they have 30 days to vacate a property. If an individual has not received this kind of notice and is being evicted outright, they can find law firms in NYC to help them resolve the matter.
Other Kinds of Eviction Disputes
While problems regarding notices are perhaps the most common, other types of disputes surrounding evictions may also arise. For example, to evict a tenant, a landlord must obtain a court order to do so and cannot simply turn off an individual’s utilities or change the locks. This is what is known as a “self-help” eviction, and in this case, a tenant can sue a landlord for damages.
An individual should contact a NYC real estate lawyer in any situation in which a landlord does not follow proper procedures for evictions. For example, if a landlord files an eviction lawsuit against a tenant without a three-day eviction notice, the tenant would be able to use this lack of notice as a defense against the eviction. However, it is important to note these types of defenses do not stop the eviction process entirely. If the eviction occurs because a tenant has failed to pay rent and continues not to pay rent, the eviction will eventually proceed so long as the proper notice is given.
Do you need help with an eviction defense? Finding law firms in NYC to help can be a challenge, but our team at Gordon & Gordon is ready to step in and help! Contact us today if you have any questions or you’d like to start building a case.