Legal Resources for New York Landlords and Tenants

Notice of Termination or Cancellation

When a landlord wishes to discontinue a tenancy, they can serve the tenant with a Notice of Termination  or Cancellation. This may occur in any of these circumstances: The lease is ending and the landlord does not wish to renew. The tenancy is month-to-month and the landlord wants to terminate the tenancy and evict

Notice of Petition and Petition

A Notice of Petition and Petition is a lawsuit that is filed for the purpose of evicting you and/or to have you pay rent that is owed to your landlord. It must be answered or you can be evicted. If a landlord has issued a Notice to Cure, Rent Demand (sometimes called a Three Day

Notice to Cure

A Notice to Cure is a document served by a landlord on a tenant, alleging lease violations that must be fixed within a certain amount of time in order to prevent eviction. The timeframe can vary from a few days to 30 days or longer. If you, the tenant, do not “cure” the problem before

Marshal Eviction Notice and Eviction Prevention

In a commercial eviction case, after the court issues a Judgment and Warrant of Eviction, it is sent to a New York City Marshal. The Marshal will schedule an eviction and deliver an “Eviction Notice” to the tenant, who usually has five business days to vacate the premises. Unless the tenant brings an Order to

Commercial Tenant Rights in NYC

In the State of New York, commercial tenants have a narrower scope of protections than residential tenants, so as a wise tenant, you should know your rights and have excellent legal representation to protect them. You should have an experienced commercial tenant lawyer review and negotiate your lease and interpret it when you have questions.

General rules for Rent Stabilized Tenants – class notes

Succession rights General rule: If one lives with a traditional family member for two years or more, they can succeed to the rights of a rent-regulated tenant. Traditional family member is defined as husband, wife, daughter, son, stepson, stepdaughter, mother, father, stepmother, stepfather, sister, brother, grandmother, grandfather, grandson, granddaughter, mother-in-law, father-in-law, daughter-in-law, son-in-law of the

What are the types of Commercial Eviction?

There are two basic types of commercial eviction summary lawsuits: 1. Nonpayment lawsuits These are brought by landlords against tenants for the nonpayment of rent. The tenant must be in possession of the premises for the Landlord to commence a nonpayment proceeding. The landlord is usually required to serve a rent demand before a lawsuit.

Top Author

Justin Brasch
Justin C. Brasch is the founding partner of the Law Offices of Justin C. Brasch and has practiced Landlord/Tenant and Leasing law for over 20 years. His areas of practice include Business & Commercial Law, Contracts, Criminal Law, Landlord-Tenant, Leasing, New York City Building and Fire Code Violations, and Real Estate Law.Mr. Brasch has substantial experience and expertise litigating landlord-tenant and complex commercial and residential real estate disputes. Before establishing his firm in 1996, Justin Brasch was a litigation …

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