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Eviction Lawyer Recommendation

Started by mintmeow
over 8 years ago
Posts: 6
Member since: May 2009
Discussion about
Hello, can someone recommend a lawyer that deals with evictions. My tenants lease has expired and they refused to sign a lease renewal or a lease extension at the same rent. They also will not give us any indication as to when they will move out and have employed a very nasty lawyer. The situation is tricky because the apartment is for sale and we are trying to not make things any nastier that it needs to be so that our broker can show the apartment to interested parties. This is not a rent controlled apartment, but the tenants are elderly and one of them is disabled. All advice, and suggestions for lawyers are welcome.
Response by streetsmart
over 8 years ago
Posts: 883
Member since: Apr 2009

I assume this nasty lawyer has contacted you? Why?

That said until you find a lawyer you can send a thirty day notice to the tenants by regular and certified mail to vacant the premises for non payment of rent. Sorry your tenant is disabled but that doesn't excuse her from non payment of rent. And even if your tenants allow you to show the apartment, will they allow an appraiser in and will they eventually vacate the premises. Also I would not talk to their lawyer. Tell that lawyer to email you.

I used to know of an eviction law firm that was excellent but I can't find it on the Internet. I do know that one of the lawyers was named Finkelstein. I saw a law firm called Finkelstein Newman when I googled him. You may ask him if he ever had any other partners. But the firm has a very good rating.
My own opinion is that you should do this case yourself. People at landlord tenant court will tell you how to file a holdover proceeding. If you ever get to court the judge will know you are not a rich landlord.

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Response by 30yrs_RE_20_in_REO
over 8 years ago
Posts: 9876
Member since: Mar 2009

streetsmart,
Are you thinking of Finkelstien, Borah? (now Borah, Goldstein, Altschuler, Nahins and Goidel)

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Response by streetsmart
over 8 years ago
Posts: 883
Member since: Apr 2009

I don't think that's the law firm 30yrs, I think that Finkelstein was the last name in the name of the law firm. I was told they were very expensive.

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Response by fieldschester
over 8 years ago
Posts: 3525
Member since: Jul 2013

Need to know some more facts -
Neighborhood?
Type of building - is this a co-op or condo unit?
How long have they been tenants?
What is the rent and what is the apartment price point?
How disabled is the tenant? How "elderly"?
What has been the feedback from the lawyer?
What exactly have they proposed? When did the lease expire?

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Response by JR1
over 8 years ago
Posts: 184
Member since: Jun 2015

I'd be very curious as well how it goes. NYC is notorious for being super liberal with laws very much in favor of tenants, I hear it's super hard to evict someone.

Sorry to hear they are playing the "elderly" and "disabled" card ... that sounds extremely annoying. Does anyone have any experience with evictions? How long does it take before you can get a "sheriff" to come move the person out by force?

Obv it's illegal to evict by yourself without police present.

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Response by 30yrs_RE_20_in_REO
over 8 years ago
Posts: 9876
Member since: Mar 2009

Just to nitpick, police don't show up for evictions, marshals do. Also, over the last 2 decades L&T has become much less overboard in terms of siding always with tenants.

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Response by streetsmart
over 8 years ago
Posts: 883
Member since: Apr 2009

A marshall cannot show up until a judge decides to issue a judgement of eviction.

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Response by babushk
over 8 years ago
Posts: 3
Member since: Mar 2011

Do we even know that the tenants are not paying rent? The initial message mentions that they refuse to resign the lease on an apartment that is being shown for sale. It would imply that they are paying rent, but might want a concession for the inconvenience of having open houses and potentially have to move out.

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Response by 30yrs_RE_20_in_REO
over 8 years ago
Posts: 9876
Member since: Mar 2009

You probably want to take the unit off the market until the situation is resolved and have gotten the tenant out. One, because you don't need the listing getting stale while your broker may not even be able to show it. Two, because the last thing you need it to enter into a contract of sale, not be able to close because you can't deliver vacant possession to the purchaser, and then have your unit back on the market with the potential issue of being a "problem sale" and then people won't even look at it.

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Response by fieldschester
over 8 years ago
Posts: 3525
Member since: Jul 2013

Well, since the OP is new to Streeteasy - since May 2009, she'll never return to update us.

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