How Evictions Work: The Eviction Process in NYC from Beginning to End
Commercial tenants have interests that are significantly different from residential tenants. Whereas no one wants to be uprooted and have to move unless by choice, residential tenants, in a sense, have less to worry about. Sure, a residential tenant facing eviction has to find a place and has to incur the cost of moving. Commercial […]
KEEP READING . . .Can I file for bankruptcy if I use my home for AirBNB?
Filing for bankruptcy as a homeowner can be a frightening thought because, well, you don’t want to lose your home. Especially if your home produces income, such as with AirBNB, can you file for bankruptcy?
KEEP READING . . .Should a Landlord Enter Into a Settlement in an Eviction Case?
In my practice, when I handle eviction cases, I generally represent landlords looking to evict a tenant and recover possession of the apartment. Usually, when first discussing a landlord-tenant case with a landlord, I always feel that the landlord has this idea is that I , as the attorney, will storm into court and argue that […]
KEEP READING . . .How-To: NYC Landlord’s Guide to the Non-Regulated Holdover Evicton
Real estate in NYC is a challenge. It’s a challenge for tenants looking for affordable housing. It’s a challenge for landlord’s to get a tenant that works well with them. In my Landlord-Tenant practice, I mostly represent landlords in non-regulated (meaning no rent stabilization or rent controlled) holdovers. Plenty of people call me and want […]
KEEP READING . . .FORECLOSURE MODIFICATION PROGRAM ENDING SOON! ACT NOW TO TRY AND SAVE YOUR HOME!
If you or someone you know is facing foreclosure, the time to act is now. The HAMP program (Home Affordable Modification Program) is set to come to an end at the end of this year, 2016.
KEEP READING . . .Must a debtor reaffirm a secured debt to avoid foreclosure and eviction?
The intersection between foreclosure and bankruptcy is pretty heavy. Over the last ten years, as people have resorted to bankruptcy to try and save their houses from foreclosure, plenty of interesting questions have arisen. Most commonly, if someone wanted to keep real property that they were losing in foreclosure, they would try to obtain a […]
KEEP READING . . .Inquest for NYC Landlords: What to do with a default judgment against a tenant
In NYC, hundreds of Landlord-Tenant cases are scheduled each day. Comparable to debt collection lawsuits, many tenants fail to show up to court when scheduled. It’s a difficult path to navigate: some people choose not to show up; others have a job that barely gets them by so they have to make the tough choice […]
KEEP READING . . .Can Bankruptcy Stop Eviction?
This case comes out of our own Eastern District of New York. Sometimes, people file for bankruptcy on an emergency basis to ward off a pending foreclosure or eviction. If you can avoid a last-minute filing, it helps so that necessary parties are provided notice. Although the filing of bankruptcy triggers the automatic stay (in […]
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