The Landlord and Tenant (a.k.a L&T) Courts are located in the Civil Courts. L&T courts are also referred to housing courts. The NYC Housing General Housing Court website will provide you with the general information.
Definitions:
Definitions:
- Month to Month Tenants - Tenants with no lease, or expired lease
Forms:
The Steps of L&T action starts as follows:
The Steps of L&T action starts as follows:
Information to obtain
L & T
1. New York or New Jersey?
2. Landlord or Tenant?
a. If tenant, Business or Residential?
· Do not take Residential tenant case – WASTE of time
3. How much is owed?
4. Have you served a notice? Usually 3 or 5 day notice to pay or vacate
5. What county?
Ask for Legal fees
(Usually $1500 – Basic Charge & Client gets charged more depending on the # of court dates or legal documents)
Give attorney the above information to quote the client and to see if he might ask you for more information.
Ask soon as you exchange information try to persuade the client to retain our services by making an appointment.
H) LANDLORD & TENANT
Landlord
1) Make an arrangement for the client to come in with the lease.
2) Go over the lease and check to see how many days is given for the notice to cure. (This is usually three or five days.)
3) Draft a Notice to Cure and have attorney approve of it
4) Send it to the client who is the landlord. Tell the landlord to have someone else that is not involved in any of the parties to serve the Notice – The person who serves the Notice must sign and notarize an affidavit of service.
5) File petition and notice of petition
6) Wait about 2 weeks and check with the court if the tenant has filed an answer
7) If not proceed to file a default judgment. If tenant answered, there will be a court date
8) After a judgment submit final order to the Marshall and have him execute the Judgment
9) If tenant files an order to show cause the eviction will again be delayed
Tenant (Only Business – No residential tenants)
1) After the 3 day or five day notice is giving, ask tenant whether he can pay for the arrears
2) Need to answer to the Court. If tenant simply wants to buy time, he can answer to the court by saying he needs to hire an attorney.
3) Pleases have attorney advise from here on.
To be continued
L & T
1. New York or New Jersey?
2. Landlord or Tenant?
a. If tenant, Business or Residential?
· Do not take Residential tenant case – WASTE of time
3. How much is owed?
4. Have you served a notice? Usually 3 or 5 day notice to pay or vacate
5. What county?
Ask for Legal fees
(Usually $1500 – Basic Charge & Client gets charged more depending on the # of court dates or legal documents)
Give attorney the above information to quote the client and to see if he might ask you for more information.
Ask soon as you exchange information try to persuade the client to retain our services by making an appointment.
H) LANDLORD & TENANT
Landlord
1) Make an arrangement for the client to come in with the lease.
2) Go over the lease and check to see how many days is given for the notice to cure. (This is usually three or five days.)
3) Draft a Notice to Cure and have attorney approve of it
4) Send it to the client who is the landlord. Tell the landlord to have someone else that is not involved in any of the parties to serve the Notice – The person who serves the Notice must sign and notarize an affidavit of service.
5) File petition and notice of petition
6) Wait about 2 weeks and check with the court if the tenant has filed an answer
7) If not proceed to file a default judgment. If tenant answered, there will be a court date
8) After a judgment submit final order to the Marshall and have him execute the Judgment
9) If tenant files an order to show cause the eviction will again be delayed
Tenant (Only Business – No residential tenants)
1) After the 3 day or five day notice is giving, ask tenant whether he can pay for the arrears
2) Need to answer to the Court. If tenant simply wants to buy time, he can answer to the court by saying he needs to hire an attorney.
3) Pleases have attorney advise from here on.
To be continued
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