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570 Yonkers Ave | Yonkers, New York 10704
Direct access from street level. ADA Accessible bathrooms on premises.
Tel: (914) 965-1011 | Fax: (914) 965-0019 | e-mail: jdibbini@dibbinilaw.com
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This web site is designed to provide general information only and to help in the choice of appropriate legal counsel. The information contained herein should not be construed as legal advice. Legal jurisdictions differ on major and minor aspects of the law and each legal situation is unique; requiring that all legal situations be addressed with qualified legal counsel. Prior results do not guarantee a similar outcome. Submitting or receiving information or questions through this web site does not create an attorney client relationship. No attorney client relationship will exist unless you meet with one of our attorneys and sign a retainer agreement. Please do not submit any information that is case specific, personal or confidential. If you have legal problem or issue you should always consult with a qualified lawyer experienced in the appropriate area of law. We would be glad to discuss your specific situation with you, should you so desire, by phone at (914) 965-1011.
Urge your legislators to reject Good Cause Eviction!
NewsHow do I collect rent my tenant owes me?
VideosWhat is the first step in removing a tenant?
VideosDo I have to honor the old lease the tenant signed with the former owner?
VideosWhat do I do with a tenant that is always late with their rent?
VideosNew York State Allocates $100 Million for Rent Vouchers to Low- Income Tenants
VideosCovid-19 Closing Update
VideosCovid-19 – Lost Employment
VideosAre we still able to close with the current limitations placed by the Governor of New York and how are closings going to be conducted with offices closed or running with limited resources?
UncategorizedYes. Our office has performed a number closings during the pandemic with modifications to ensure the safety of the parties involved. Many aspects of a closing can be conducted without the physical presence of parties. However, there are sometimes delays in remote closings compared to a traditional in-person closing, such as clearance from lenders and requirements for original signatures. Our firm understands the importance of social distancing and following the Center for Disease Control and Prevention guidelines, along with the New York State Department of Health Guidelines, to protect our clients and therefore we will do everything we can to make the closing as safe, simple, and stress free as possible.
What happens if I lose my employment or become ill due to COVID-19 and I cannot obtain financing or I am unable to close on the purchase of my house?
UncategorizedIt is understandable to be nervous about obtaining financing or closing on your purchase of a home during the COVID-19 crisis – especially when someone loses his or her employment status. However, our firm can help protect you by adding COVID-19 focused contingencies in a contract of sale to target such situations. Additionally, our properly drafted mortgage contingency language in a contract of sale will also protect a purchaser if they cannot obtain financing even after the contract is signed. These contingencies would allow for the purchaser to cancel the contract of sale and receive a return of their contract down payment even after contract signing.
How Long Does the Eviction Process Take?
UncategorizedWhat Are the Consequences of Ignoring the Eviction Process?
An eviction is the legal process of removing a tenant from your property. If you ignore this process, you can end up with even more problems, including unnecessary delays, lost rent, criminal charges, and civil lawsuits. You should never remove a tenant’s possessions, change locks, or shut off utilities instead of requesting an eviction order from the court.
How Do I Start the Eviction Process?
During an eviction, you must submit a series of documents, including a Notice to Quit or Cure and an Eviction Petition to the court and your tenant. These filings will explain why you want the tenant to vacate your property and gives him or her the opportunity to dispute your claims. You cannot evict a tenant without good cause in New York.
While many tenants will leave a property voluntarily, others will go to court. If you’ve had a contentious relationship with a tenant, you should consult with a lawyer before starting an eviction. A landlord-tenant lawyer can help you meet all of your state’s requirements for its eviction process and prepare a compelling case for the judge.
Understanding the Timeline for a New York Eviction
If you carefully follow the eviction process, it doesn’t have to take very long to evict a tenant. However, there are some timelines that you must meet in New York:
How Can I Speed Up the Eviction Process?
It’s understandable that you’re eager to end your relationship with a problem tenant. However, the eviction process isn’t just about protecting your business. It’s also an important safeguard for tenants. You have to respect the system and follow its procedures — ignoring it might lead to more headaches and lost profits.
If you want streamlined evictions with fewer delays, contact an experienced eviction lawyer for assistance. A lawyer can help you build processes that encourage your tenants to comply with a Notice to Pay or Cure. This subsequently allows you to avoid more time-intensive eviction hearings. Moreover, a lawyer can explain all of the nuances of New York eviction law, helping you and your agents with legal compliance.
We Can Answer Your Questions
The eviction process isn’t always simple — especially if you have rent-stabilized properties. At James G. Dibbini & Associates, P.C., we guide landlords through New York’s complicated laws. We aim to educate and empower our clients — helping them building their businesses, protecting their properties, and fostering good landlord-tenant relationships. Contact us for more information and an initial consultation.
Four Steps to Follow When Evicting a Tenant
UncategorizedEven the best landlords sometimes have to deal with evicting a tenant. While most evictions involve non-payment of rent, there are many other valid reasons for terminating a lease. For example, you can evict tenants if they violate lease terms (such as exceeding your maximum tenancy) or significantly damage your property. However, you can’t just change the locks. Instead, you must follow your state’s eviction laws carefully — or you might face criminal charges or a civil lawsuit.
Step 1: Get Organized
Evicting a tenant is a multi-step process. Before you start an eviction, it’s in your best interest to organize your evidence and double-check your compliance with New York and Connecticut landlord-tenant laws. You should build a file that contains evidence of:
If you have a difficult tenant, you should also consult with a lawyer. An eviction lawyer can help you identify a tenant’s possible defenses and prepare a compelling case that addresses and minimizes them.
Step 2: Give the Tenant Notice
In New York and Connecticut, you must first give written notice that you are evicting a tenant. This typically involves completing and delivering either a Notice to Quit or Notice to Cure. Once you properly serve these notices, the tenant has several options:
While many tenants will either voluntarily leave or catch up on their rent, others will fight the eviction.
Step 3: File an Eviction Complaint With the Court
If your Notice to Quit or Cure wasn’t effective, you’ll have to get a court order before evicting a tenant. This process involves filing a petition and other forms with the court and paying a filing fee. Next, you must properly serve your documents. You can’t simply drop an eviction petition (or complaint) in the mail.
Instead, you must follow strict court rules, which typically require that a neutral party (like a process server or marshall) deliver the papers. (If you need help understanding New York or Connecticut’s service rules, contact an eviction lawyer.) Once you’ve properly served these forms, the tenant must respond to your complaint and attend an eviction hearing.
Step 4: Present Your Case in Court
Most eviction hearings do not involve a jury. Instead, a judge will review your claim, listen to the tenant’s defenses, and issue a decision. If the judge agrees with you and issues an eviction order, the tenant must vacate your property. If they violate this order, law enforcement will help you remove the problem tenant.
Do I Need an Eviction Lawyer?
Some landlords handle their evictions on their own. However, one misstep can lead to delays, lost income, civil suits, and even criminal charges. When you work with an experienced eviction lawyer, you will hopefully avoid these issues. A lawyer will help you ensure legal compliance, prepare effective eviction claims, and help protect your business.
This is particularly true if you own rent-stabilized or other regulated properties in New York. Different rules apply when you’re evicting a tenant in these situations.
Get Help Evicting a Tenant
At James G. Dibbini & Associates, P.C., we help our clients with the difficult process of evicting a tenant. We assist New York and Connecticut landlords with evictions and other matters. If you’re looking for an aggressive, detail-oriented eviction lawyer, contact us for a no-risk consultation.