PROVIDING EVICTION SERVICES TO HUDSON VALLEY LANDLORDS
If you are dealing with tenants who are late on their rent or tenants who are violating the terms of the lease, you may be ready to move forward with an eviction proceeding. The eviction process is complicated and must be handled within the statutory limits to protect your interests. If you are ready to evict, you need to consult with a knowledgeable eviction services attorney.
For more than 20 years, clients have trusted the law office of Glenn R. Bruno, Esq., to handle their important legal issues. I provide landlords with skilled eviction services, helping them make sure they are on solid legal ground as they take care of their business needs in nonpayment and holdover cases.
Make sure your eviction is handled within the statutory limits while protecting your interests. Contact me by calling 845-454-2385 to schedule a free in-office or telephone consultation. My office is conveniently located across from the Dutchess County Courthouse.
EVICTION SERVICES BY AN EXPERIENCED ATTORNEY
When evicting a tenant, the process is complicated and intricate. There are many steps required of landlords and you need to make sure you take the right steps, at the right time, in the right way. Any mistakes in the process could lead to the court dismissing your eviction petition.
As courts become more stringent with the enforcement of provisions protecting military members and dependents and others from eviction, it is more important than ever to discuss your eviction plans with an experienced attorney.
THE EVICTION PROCESS IN NEW YORK
There are significant complexities in New York eviction process. In general, any eviction starts with a predicate notice. This notice must be properly served on the tenant and any adult occupants on the premises. The predicate notice also has a specific form and content.
If the notice or the service of the predicate notice is defective in any way, then the petition seeking eviction will be dismissed by the court. If the petition is dismissed, the landlord will need to start the process anew at step one, which can significantly delay the eviction of the tenant from your property.
The petition and notice of petition are the two documents that are required by the court. There are specific documents that are required in support of the petition, and there is a specific time period for service of notice of petition and the petition.
That service can only occur five to 12 days before the court appearance. Additionally, there are significant statutory restrictions on what constitutes acceptable service. Proof of service of the notice of petition and petition must be provided to the court before the court will hear the eviction.
Next, each court has a different schedule for when that court will hear evictions. That schedule will also influence the time period it will take to get the eviction to the court.
This process only applies to residential evictions in New York. Eviction of commercial tenants is equally complex, and requires the assistance of a skilled and experienced lawyer in this area. I have handled a number of commercial evictions for clients throughout the Hudson Valley and can guide you through the process.
SERVICE ON TENANTS IN THE MILITARY AND THEIR SPOUSES OR DEPENDANTS
In New York, there is a statutory requirement that the person being served is not in the military or the spouse or dependant of someone in military. To show that this requirement has been met, the process server must attempt to make inquiry to the tenant, a neighbor or someone nearby whether the person who lives on the property is in the military or is the dependant or spouse of someone who is in the military. Some courts have interpreted the failure to provide adequate proof of this as the basis to dismiss the petition.