The Help You Need For Landlord Evictions
New York law gives landlords the right to evict tenants when there is a breach of rental agreement. However, asserting your property rights when going through the eviction process is not always as easy as it seems. It is in your benefit to contact an experienced attorney who understands landlord-tenant law.
Our founding attorney of Cimasi Law Office, Michael Cimasi, has the necessary skill to protect your rights as a landlord and guide you through evictions. We provide you with personalized and responsive service. Our goal is to get you through the eviction process as efficiently and smoothly as possible, so you can concentrate on business as usual again.
Navigate Evictions with Confidence: Your Trusted Buffalo Defense Lawyer
There are various reasons why a landlord might need to evict a tenant, whether due to non-payment of rent or criminal activity. However, it’s crucial to understand that eviction cannot be enforced unilaterally, regardless of the breach of contract. As a landlord, you’re bound by the terms of the agreement you signed, even if your tenant isn’t.
To legally evict a tenant, landlords must adhere to a specific legal process. This process is essential to protect your personal and property rights. It involves:
- Providing cause for eviction
- Gathering evidence of the tenant’s contract violation
- Issuing a notice to cure, allowing the tenant time to rectify the situation
- Serving a notice of termination if the issue remains unresolved
At Cimasi Law Office, we’ll expertly guide you through each step of the eviction process. Should conflicts persist even after issuing a notice of termination, rest assured we’re fully prepared to defend your rights in court. Trust in Buffalo Criminal Defense Lawyer Michael Cimasi to safeguard your interests.
Landlord Evictions Legal Overview
Navigating the eviction process as a landlord can be a complex and emotionally draining experience. At Cimasi Law Office, our attorneys are experts in New York’s landlord eviction statutes, ensuring that you can exercise your rights effectively and efficiently. We are committed to leveraging our deep understanding of these laws to protect your property interests and maintain the integrity of your rental business.
- Real Property Actions and Proceedings Law (RPAPL) § 711: Grounds for eviction
- RPAPL § 712: Eviction due to objectionable conduct
- RPAPL § 713: Eviction without a lease or after lease expiration
- RPAPL § 721: Legal representation in eviction proceedings
- RPAPL § 731: Notice requirements for eviction
- RPAPL § 732: Time and place for eviction trial
- RPAPL § 733: Judgment in eviction proceedings
- RPAPL § 741: Stay of eviction
- RPAPL § 745: Payment of rent during eviction proceedings
- RPAPL § 749: Warrant for eviction
- RPAPL § 751: Relief against forfeiture
- RPAPL § 753: Court’s discretion in eviction proceedings
- RPAPL § 761: Eviction of squatters
- RPAPL § 769: Eviction of manufactured home tenants
The applicability of these statutes may vary based on the specifics of each case, such as the terms of the lease, the reason for eviction, and other mitigating or aggravating factors. A thorough review of your specific situation is essential for crafting the most effective eviction strategy for you.
Navigating the eviction process as a landlord can be fraught with legal complexities and potential pitfalls. At Cimasi Law Office, we have extensive experience in handling landlord eviction cases in New York State, and we understand the penalties you could potentially face. Our seasoned attorneys are committed to providing you with the most effective legal strategy, aimed at minimizing your risks and protecting your property interests.
Failure to Provide Proper Notice
- Fines ranging from $1,000 to $10,000
- Case dismissal, requiring the process to start anew
Illegal Lockout
- Fines up to $1,000 per occurrence
- Potential criminal charges for unlawful eviction
Retaliatory Eviction
- Fines up to $2,000
- Potential for tenant to be awarded triple damages
Failure to Maintain Habitable Premises
- Fines ranging from $500 to $5,000
- Potential for tenant to withhold rent
Violation of Rent Control or Rent Stabilization Laws
- Fines up to $25,000
- Potential for tenant to be awarded overcharge refunds
Improper Handling of Security Deposits
- Fines up to $2,000
- Requirement to return the full deposit to the tenant
Discriminatory Eviction
- Fines ranging from $10,000 to $50,000
- Potential for civil lawsuits
Penalties may vary based on the specifics of each case, such as the terms of the lease, the reason for eviction, and other mitigating or aggravating factors. A thorough review of your specific situation is essential for crafting the most effective eviction strategy for you.
Navigating the eviction process as a landlord is not only legally complex but also fraught with potential financial and reputational risks. At Cimasi Law Office, we specialize in crafting robust defense strategies tailored to landlord eviction cases. Our experienced attorneys are committed to leveraging their deep understanding of New York State laws and procedures to protect your property interests and minimize your risks.
- Proper Notice Defense
- Ensuring that all eviction notices are legally compliant to avoid case dismissal.
- Habitability Claims Counter
- Providing evidence that the property was maintained in a habitable condition to counter tenant claims.
- Non-Retaliatory Eviction
- Demonstrating that the eviction is not in retaliation for tenant complaints or actions.
- Rent Control Compliance
- Proving adherence to rent control or rent stabilization laws to avoid fines and penalties.
- Security Deposit Handling
- Documenting proper handling and return of security deposits to counter tenant claims.
- Legal Justification for Eviction
- Providing evidence of lease violations, non-payment, or other legal grounds for eviction.
- Witness Testimonies
- Utilizing credible witnesses to corroborate your case and counter tenant claims.
- Legal Technicalities
- Exploiting any legal technicalities or errors on the part of the tenant to strengthen your case.
Defense strategies may vary based on the specifics of each case, such as the terms of the lease, the reason for eviction, and other mitigating or aggravating factors. A thorough review of your specific situation is essential for crafting the most effective defense strategy for you.
Navigating the eviction process as a landlord can be a complex and emotionally draining experience. At Cimasi Law Office, our attorneys are experts in New York’s landlord eviction statutes, ensuring that you can exercise your rights effectively and efficiently. We are committed to leveraging our deep understanding of these laws to protect your property interests and maintain the integrity of your rental business.
- Real Property Actions and Proceedings Law (RPAPL) § 711: Grounds for eviction
- RPAPL § 712: Eviction due to objectionable conduct
- RPAPL § 713: Eviction without a lease or after lease expiration
- RPAPL § 721: Legal representation in eviction proceedings
- RPAPL § 731: Notice requirements for eviction
- RPAPL § 732: Time and place for eviction trial
- RPAPL § 733: Judgment in eviction proceedings
- RPAPL § 741: Stay of eviction
- RPAPL § 745: Payment of rent during eviction proceedings
- RPAPL § 749: Warrant for eviction
- RPAPL § 751: Relief against forfeiture
- RPAPL § 753: Court’s discretion in eviction proceedings
- RPAPL § 761: Eviction of squatters
- RPAPL § 769: Eviction of manufactured home tenants
The applicability of these statutes may vary based on the specifics of each case, such as the terms of the lease, the reason for eviction, and other mitigating or aggravating factors. A thorough review of your specific situation is essential for crafting the most effective eviction strategy for you.
Navigating the eviction process as a landlord can be fraught with legal complexities and potential pitfalls. At Cimasi Law Office, we have extensive experience in handling landlord eviction cases in New York State, and we understand the penalties you could potentially face. Our seasoned attorneys are committed to providing you with the most effective legal strategy, aimed at minimizing your risks and protecting your property interests.
Failure to Provide Proper Notice
- Fines ranging from $1,000 to $10,000
- Case dismissal, requiring the process to start anew
Illegal Lockout
- Fines up to $1,000 per occurrence
- Potential criminal charges for unlawful eviction
Retaliatory Eviction
- Fines up to $2,000
- Potential for tenant to be awarded triple damages
Failure to Maintain Habitable Premises
- Fines ranging from $500 to $5,000
- Potential for tenant to withhold rent
Violation of Rent Control or Rent Stabilization Laws
- Fines up to $25,000
- Potential for tenant to be awarded overcharge refunds
Improper Handling of Security Deposits
- Fines up to $2,000
- Requirement to return the full deposit to the tenant
Discriminatory Eviction
- Fines ranging from $10,000 to $50,000
- Potential for civil lawsuits
Penalties may vary based on the specifics of each case, such as the terms of the lease, the reason for eviction, and other mitigating or aggravating factors. A thorough review of your specific situation is essential for crafting the most effective eviction strategy for you.
Navigating the eviction process as a landlord is not only legally complex but also fraught with potential financial and reputational risks. At Cimasi Law Office, we specialize in crafting robust defense strategies tailored to landlord eviction cases. Our experienced attorneys are committed to leveraging their deep understanding of New York State laws and procedures to protect your property interests and minimize your risks.
- Proper Notice Defense
- Ensuring that all eviction notices are legally compliant to avoid case dismissal.
- Habitability Claims Counter
- Providing evidence that the property was maintained in a habitable condition to counter tenant claims.
- Non-Retaliatory Eviction
- Demonstrating that the eviction is not in retaliation for tenant complaints or actions.
- Rent Control Compliance
- Proving adherence to rent control or rent stabilization laws to avoid fines and penalties.
- Security Deposit Handling
- Documenting proper handling and return of security deposits to counter tenant claims.
- Legal Justification for Eviction
- Providing evidence of lease violations, non-payment, or other legal grounds for eviction.
- Witness Testimonies
- Utilizing credible witnesses to corroborate your case and counter tenant claims.
- Legal Technicalities
- Exploiting any legal technicalities or errors on the part of the tenant to strengthen your case.
Defense strategies may vary based on the specifics of each case, such as the terms of the lease, the reason for eviction, and other mitigating or aggravating factors. A thorough review of your specific situation is essential for crafting the most effective defense strategy for you.
Protect Your Rights. Contact Us Today.
Contact us online or call our Amherst office at 716-267-6430 to discuss your specific concerns with a lawyer today. Whether your arrest was minor or life-changing, never forget that you have options. Your rights are important. Take advantage of your rights now.
