Representing Landlords and Tenants
As an owner of a residential home, apartment building, or commercial real estate, renting space to a person, family, or business may be a lucrative business endeavor or a means to reduce expenses.
The Siegel Law Firm can draw and review commercial and residential leases and assist Landlords in non-payment and holdover proceedings.
In New York, many people own residential homes or multifamily dwellings to supplement their income with the rental income, as part of a business enterprise, or a combination. When everything goes right, tenants follow all the lease terms, including paying the rent on time each month and giving the agreed-upon notice before vacating the property. However, it may be necessary for a landlord to evict a tenant or take legal action to collect unpaid rent and fees when this doesn't happen when the tenant is violating the terms of a lease, or when the owner requires a return of the property.
The two types of landlord-tenant cases are non-payment or holdover evictions.
Non-Payment of Rent
Non-payment means that the tenant has stopped paying their rent. While the tenant may believe they have a reason to withhold rent payment, a lease is a legal and binding document that stipulates that the renter must pay rent. Even without a written lease agreement, the tenant may still be obligated to pay rent or use and occupancy to the landlord. Therefore, if a tenant does not pay their rent, you have a legal right to remove the tenant from your property.
The process of removing a tenant requires specific and detailed documentation that must be strictly adhered to in order to prevent a case from being dismissed. In addition, the process follows a clear timeline, including allowing for notification to the tenant and time to act and/or respond.
A holdover eviction refers to all other evictions and includes when a tenant has not left the property at the end of the lease period, situations where there is no lease agreement, a month-to-month tenancy, or a violation of the lease terms.
Obtaining the proper legal guidance can help prevent a landlord from having their case dismissed at the preliminary stage, as there are factors, such as acceptance of rent after the expiration of the termination period in a notice, that could result in a case being dismissed.
Commercial Rentals in Suffolk County and Nassau County
Running a business in Nassau and Suffolk County on Long Island often means renting commercial space. Like tenants who rent their homes, commercial tenants must pay their landlord an agreed-upon rent., Unlike in residential matters, however, there may be different responsibilities between the landlord and tenant on payment of items such as taxes, and who is responsible for certain items of maintenance or repairs.
Responsibility for resolving property issues could lie with the tenant or the landlord or a combination of both parties. In handling commercial rental disputes, The Siegel Law Firm takes the time to thoroughly examine their client's point of view and that of the opposition. Since he takes on cases from both sides, he can spot valid arguments and help clients negotiate appropriate settlements that fit the circumstances.
In the area of Landlord-Tenant Law, going to court is a common occurrence. Bradley Siegel is an experienced litigator and is not deterred by the option of having to go to court when negotiation fails to generate the desired results.
The option of going to court increases the leverage Bradley Siegal can bring to the table as many attorneys look to avoid going to court.
With this option available, the Siegel Law Firm can aggressively represent our clients without compromising when it is not necessary to do so.