Is There Any Way to Delay or Stop Eviction After an Eviction Moratorium in NY?

• 24 Jul 2023
• Eviction Attorney

You can be evicted for various reasons, including failing to pay your rent or breaching your lease. The first step in the process of being evicted by your landlord is to get a written notice stating the grounds for your eviction and the time frame in which you must either comply with the notice or leave the rental property. If you’re being evicted in New York City, you may receive one of three forms of notice:

• Failure to pay rent: 14 days warning if rent is not paid. Rent must be paid within 14 days, or your lease may be terminated.
• Notice of Termination: 30 days notice is required for tenants with a one-year lease. A 60-day notice is required for all tenants and leaseholders who will be inhabiting the property for one to two years. Leases of two years or more require 90 days’ notice for long-term tenants.
• Cure or quit: If you’ve already received a notice to cure, which allows you ten days to correct a lease violation, you’ll also likely get this notice. You have 30 days to vacate the rented property (see the New York City Housing Court’s handbook New York City Landlords and Owners, page 8, for further information).

Remember that being evicted comes with a host of unpleasant consequences, including the loss of your residence. An eviction will negatively influence your credit report and may damage your chances of finding a new residence in the future. In some cases, landlords refuse to rent to those who have already been evicted.

However, you can do a few things to delay or even stop the eviction. To postpone or halt your eviction with the help of an eviction lawyer and attorney, here are some options available to you.

5 Steps to Delay or Stop Eviction After an Eviction Moratorium in NY

Step 1: Read the notice
Do not disregard any legal documents, including any eviction notices, that you get, irrespective of whether the papers were served upon you or mailed to you.

Step 2: Check the Notice for a Time Frame
The notice will specify the type of notice, such as a Marshal’s Notice, and the period covered by the notice.

Step 3: Contact the Marshal’s Office
Call the marshal’s office stated on your paperwork to find out if an eviction date has been set and write down the name of the individual who gives you this information.

Step 4: Contact the Housing Court
Check with the housing court indicated on your papers to see if you need to appear in person or by videoconference. If you have to appear in court, ask the court staff if you can file a response, i.e., an Order to Show Cause, in person or online utilizing the Court’s New York State Electronic Filing System.

Step 5: Contact an Eviction Lawyer
Contact an eviction lawyer and attorney for further information about your legal alternatives. Also, inquire if an attorney offers in-person or video consultations, and learn about the attorney’s law office safety practices as the pandemic continues. Contact Radow Law Group at (212) 577 5000 or explore www.radowlawgroup.com for additional information on how to delay or halt your eviction.

When to Contact an Eviction Lawyer?

Your Landlord is Evicting You Without Proper Court Procedures
Landlords are required by state and local law to follow specific eviction processes. Consider contacting an eviction attorney in Nassau County if your landlord threatens to evict you by locking you out, suspending your utilities, or even dismantling your doors, windows, or belongings. Self-help solutions like this are against the law. However compelling a landlord’s reason for terminating your lease may be, they have no legal authority to initiate or threaten any self-help measures against you.

You Believe Your Landlord Discriminated Against You

Legal representation may be necessary if you suspect your landlord discriminates against you. A lawyer can help stop the illegal behavior and help you recover damages. A lawsuit against the landlord can be filed with the help of a Great Neck eviction lawyer.

You can also submit a complaint regarding fair housing to the Department of Housing and Urban Development (HUD) or to a state or local agency that participates in the Fair Housing Assistance Program run by HUD.

More than 10,000 complaints of discrimination are filed each year with HUD and other federal, state, and municipal entities in FHAP. Suppose HUD examines your complaint and finds reasonable cause to suspect that your landlord has discriminated against you. In that case, you will have a HUD lawyer representing you before an administrative law judge at no expense. The judge has the power to award you damages and attorney’s costs and impose penalties on your landlord.

Your Landlord Is Not Fulfilling Important Obligations

If your landlord isn’t meeting their obligations within your lease or the law, it might significantly impact your life. For example, think of the landlord who waits until the winter chill sets in before repairing the heating system or the landlord who avoids a ground-floor tenant’s plea to replace a damaged window until a break-in occurs.

You may need assistance if you decide to use one of your state’s tenant procedures on your own (such as rent withholding or “repair and deduct”). It’s possible that speaking with an attorney is the best course of action for you. Suffolk County eviction lawyers can speak on behalf of their clients, negotiate a swift resolution with their landlords, and file a lawsuit against them.

You’ve Been Injured Because of Landlord Carelessness.

Even in a well-maintained rental property, mishaps can occur. However, if the landlord’s carelessness is to blame for an accident, your landlord may be responsible for any damages. For example, getting a broken leg is possible due to an icy patch outside your building. De-icing might have eliminated the risk if the landlord had arranged it regularly. Or, you might only learn of a mold problem in your rental after it has already gotten you and your family sick.

An injury attorney knowledgeable of premises liability is the best person to help you in this situation.

However, even if your landlord did not cause the situation directly or willfully, numerous legal theories can be used in court or by an insurance adjuster to hold him liable. When it comes to making persuasive arguments, lawyers are adept at figuring out which theories might apply and then employing those ideas to support their claims.

Your Assets Have Been Damaged Because of Your Landlord’s Failure

Your personal belongings can be damaged if your landlord fails to maintain the rented property properly. For example, a botched wiring repair by your landlord could cause an electrical fire in your living room, destroying your furniture and other possessions.

If you have renter’s insurance, your insurer will pay for the damage and then sue your landlord for reimbursement. Consider hiring a lawyer if you don’t have insurance or if the damage to your property is considerable and you don’t have appropriate coverage. You might also hire a Queens, NY, eviction lawyer for an hour or two to gain advice on moving ahead and what arguments to make to receive compensation.

How Will an Eviction Attorney Help You?
A conflict with your landlord isn’t usually an easy or comfortable situation to find yourself in. If you and your landlord were previously on excellent terms, bringing in an attorney could strain that relationship. However, if you want to be sure that the place you rent is safe for you to live in and safeguard your rights simultaneously, hiring an attorney can be the best option.

If you are being evicted, you and the members of your family are at risk of losing your home, and you will have an eviction on your record, which can limit the housing alternatives you have in the future. This is perhaps the most critical risk. You have to find a new home to live in, and you’ll also have to pay for relocation expenses, utilities, and a security deposit.

Making certain that the eviction procedure is fair and legal can be crucial, especially when you don’t believe you have violated your lease agreement or believe your landlord wrongfully evicted you from the property. Eviction proceedings can be stressful; therefore, it’s advisable to seek the advice of an eviction attorney in Queens, NY, who has dealt with similar cases before.

Conclusion
Don’t forget that you don’t always have to have an attorney contact your landlord personally to attain the desired result. Conversation with a Great Neck eviction lawyer about the best approach to your problem can help you move forward. Another option is to have your lawyer send a stern letter to your landlord.

Contact the Radow Law Group to learn more about the procedures you must take to delay and stop your eviction. In Nassau County, Suffolk County, and the Queens, the Radow Law Group, PC handles landlord-tenant disputes.