We are introducing a new feature called the “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
We represented a landlord who was seeking to recover her property from the tenant for the purpose of being able to place her elderly parent in the home.
Prior to our commencement of the case a predicate notice “Notice of Termination” was served upon the tenant informing them that their tenancy, held on a month-to-month basis, was going to be terminated as of the expiration date of the notice. The notice was served by a process server. The tenant did not vacate and surrender the premises upon the expiration of that notice.
As a result, we filed a Holdover Petition in the District Court seeking possession of the premises. The tenant was served with the Notice of Petition and Petition by the process server and the parties subsequently appeared in court.
After engaging in settlement discussions in the hallway outside the courtroom, the parties reached an agreement in which the tenant agreed to a Judgment of Possession and Warrant of Eviction, execution of which would be stayed as long as the tenant vacated and surrendered the premises by December 31, 2022. Further, if the tenant complied with the terms of the agreement, the landlord agreed not to charge the tenant use & occupancy (rent) for the months of October, November and December. On the other hand, if the tenant does not timely leave, the agreement permits the landlord to enter a money judgment against the tenant for the waived amounts and allows the landlord to proceed with a Sheriff’s eviction of the tenant.
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, Suffolk, Westchester, Queens). Should you be in need of assistance in connection with a landlord or tenant issue, please contact us at 516-758-6642 or 914-363-6250.