Landlord Tenant Matters
Housing disputes move fast and can have lasting consequences. We work with both tenants and landlords to navigate housing disputes and look for practical solutions.
Tenant representation
Landlord representation
Focused on realistic outcomes
Not every case needs a long trial. Many housing disputes are resolved through agreements that balance financial reality and housing stability.
We review your lease, notices, and court papers, then explain your options and likely outcomes in plain language so you can decide how to move forward.
The Housing Court Process
Notice Requirement
Most landlords must provide proper written notice (3-day, 14-day, or 30-day depending on situation) before filing in court.
Petition Filed
Landlord files a nonpayment or holdover petition with the court, and you receive a copy of the summons.
Answer Period
Tenant has typically 5-10 days to respond to the petition. Missing the deadline can result in default judgment.
First Appearance
Both parties appear in court. Cases may settle at this stage or be scheduled for a hearing.
Discovery & Hearing
Evidence is exchanged. At trial, the judge hears both sides and rules based on the lease, law, and facts.
Judgment & Enforcement
If judgment is entered, it may include back rent, damages, and legal fees. Eviction follows only after judgment.
Key Legal Concepts
Nonpayment Cases
Landlord sues for unpaid rent. Tenant may raise habitability defenses, illegal deduction claims, or argue payment was made.
Habitability & Repair
Landlords must maintain safe, livable conditions. Serious repair issues may reduce rent owed or justify tenant holdback.
Lease Violations
Holdover petitions for non-rent violations require notice and opportunity to cure, unless the breach is very serious.
Eviction Timeline
Even after judgment, eviction cannot happen immediately. Marshals must serve a notice to vacate, then schedule removal.
Frequently Asked Questions
Do I need a lawyer for housing court?
Tenants have the right to counsel, but many do not have one. Landlords often appear without counsel. However, early legal advice—even before court—can significantly improve outcomes.
What happens if I ignore the court papers?
If you fail to appear or respond, the court may enter a default judgment against you. This judgment can lead to eviction and harm your rental history.
Can my landlord evict me without going to court?
No. Eviction in New York requires a court judgment and a marshal's order. 'Self-help' eviction (lockouts, removal of belongings) is illegal.
What defenses does a tenant have in nonpayment?
Common defenses include: habitability issues, illegal deductions, prior payment, or agreement to pay. Defenses must be raised in the answer or they may be waived.
How much time do I have to move after a judgment?
After judgment, the landlord must serve a separate notice to vacate (typically 72 hours). Only after that can the marshal carry out eviction.
Discuss your housing matter
To discuss your housing matter, call 888.886.3525 or use our contact form. We represent tenants and landlords in courts across New York City and nearby counties.
Because our practice is fully virtual, we represent clients in all five New York City boroughs and nearby counties.