In our continuing series “Eviction Case of the Week,” each week we will discuss an interesting Landlord-Tenant case in which we were involved as counsel or observed while appearing in the Courts.
CASE OF THE WEEK
In the Suffolk County Fifth District Court in Ronkonkoma, a landlord filed a pro se (on his own) Holdover eviction case against his Tenant who had resided at the premises for more than 2 years on a month-to-month basis. From the time the case was filed with the Court to the first court date, approximately 6 weeks elapsed.
At the appearance in the Suffolk County District Court, the tenant raised a defense that she was not served with a predicate notice (90-Day Notice) before the landlord filed the case in court. When the Judge asked the landlord if that was the case, the landlord answered yes, that he did not know that such a notice was required to be served (and expire) before bringing a case. As a result of the pro se landlord’s error, the case was dismissed.
The landlord will now have to prepare and properly serve the predicate notice (90-Day Notice) and wait until the period set forth in the notice expires before bringing a new case against his tenant. This can mean another 4-5 months before the landlord is able to bring his tenant back to court (with certain exceptions).
The moral of this story is that Landlord-Tenant Eviction Law in New York is very technical in nature. Whether you are a landlord or a tenant, it is best to consult with an attorney such as our office as to proper procedure and your rights.
The Law Office of Bradley D. Schnur, Esq., P.C. represents residential and commercial landlords and tenants in eviction proceedings on a daily basis throughout Metropolitan New York (including Nassau County, Suffolk County, Westchester County, and Queens). Should you be in need of assistance in connection with a landlord or tenant issue, please contact us at 516-932-4400 or 914-363-6250.