While it is not legally required to hire a lawyer for a real estate closing in New York, it is highly recommended that you do so. Real estate transactions can be complex, and a real estate lawyer can help ensure that all legal requirements are met and that the closing process goes smoothly. Additionally, a lawyer can review contracts and agreements, negotiate terms, and protect your legal interests throughout the process. For a real estate attorney in New York City, contact the Law Offices of Sergey Davydov. Our experienced attorneys can help guide you through the real estate closing process and protect your legal rights.

Unless a tenant voluntarily surrenders the premises at the end of the lease term, a landlord in New York may not legally change the locks without first obtaining a court order. In fact, it is a Class A misdemeanor for any landlord to illegally change the locks, padlock the doors, take out your furniture or property, remove the door of the apartment or house, or turn of the electricity or water. In the event your landlord engages in any of the aforementioned behaviors, you have the right to go to court and take out an order to show cause to be restored to possession and sue for damages.   

In New York, your landlord must first serve an appropriate notice before filing an eviction case in court. If you have lived in the property for less than one year, the landlord must serve you a 30 day notice of termination. If you have lived in the property for at least one year but less than two years, the landlord must serve a 60 day notice of termination. If you have lived in the property for two years or more, the landlord must serve a 90 day notice of termination. 

The notice of termination will specify the date that you have to vacate the premises before the landlord files a case in court. If you are still in the premises after the termination date, the landlord will have to file a case in court and you will still have time to negotiate a settlement in court, or have a trial. If a settlement cannot be reached the case will eventually go to trial and the judge will decide how much time you will get to vacate the premises and will decide if any monies are owed. 

There are many legal defenses that may cause the court to dismiss the landlord’s case against you and that is why it is very important to hire an experienced landlord-tenant lawyer who can raise these defenses on your behalf. In addition to legal defenses you have the right to raise any counterclaims you have against the landlord in court.

If you're facing an eviction in New York City, you have legal rights and options to fight it. Here are some steps you can take to fight an eviction:

Respond to the eviction notice: You have a limited time to respond to an eviction notice, so it's essential to act quickly. Consult with a real estate attorney to help you prepare and file the necessary response.

Gather evidence: You'll need evidence to support your case, such as lease agreements, payment records, and proof of any repairs or maintenance issues you've reported to your landlord.

Consider legal defenses: You may have legal defenses available to challenge the eviction, such as failure to give proper notice or retaliation by the landlord.

Attend court hearings: Attend all scheduled court hearings and be prepared to present your case. An experienced real estate attorney can help you prepare and present your case effectively.

Negotiate a settlement: In some cases, it may be possible to negotiate a settlement with the landlord, such as paying back rent or agreeing to move out by a certain date.

If you're facing an eviction in New York City, contact the Law Offices of Sergey Davydov for experienced legal representation. Our attorneys can help you understand your legal rights and options and guide you through the eviction process.

In New York State, an eviction of a tenant is lawful only if the owner has brought a court proceeding and obtained a judgment of possession from the court. A sheriff, marshal, or constable can carry out a court ordered eviction. An owner may not evict a tenant by force or unlawful means. Tenants who are at risk of eviction may protect their interests by contacting an attorney in private practice or with a legal aid or legal services.

 Here are some factors that can make evicting a tenant in NYC difficult:

Lengthy process: The eviction process in New York City can take several months, and landlords must follow specific legal procedures and notice requirements.

Legal defenses: Tenants have legal defenses available to challenge the eviction, such as failure to give proper notice or retaliation by the landlord.

It's important to consult with an experienced real estate attorney. The Law Offices of Sergey Davydov can provide legal guidance and representation to help you navigate the eviction process and protect your legal rights.