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Below find the answers to some commonly asked questions. Should you not find your answers there, please contact us for further information or to set up a consultation. Cooper Paroff and Graham offers virtual consultations for your convenience.
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What do I do if my tenant hasn't paid the rent?A 5-day notice is sent, followed by a 14-day demand for rent. If they still don’t pay, we can commence a non-payment proceeding in the housing court.
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What do I do if my tenant is breaching the lease agreement?Depending on your lease terms, a notice to cure is served and if the tenant doesn’t cure the violation, a notice to terminate is served. If the tenant doesn’t leave after the notice to terminate expires, and is still in breach, we bring a holdover proceeding in the housing court.
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What do I do if my tenant is creating a nuisance on the premises?Before you can begin any legal actions, you must have a meticulous log of dates, times and the description of the behavior that constitutes a nuisance. After accumulating a significant amount of entries (at least 5), we can serve a notice to terminate the tenancy. If the tenant doesn’t vacate after the notice to terminate expires, we bring a holdover proceeding in the housing court.
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Do I have to be in court?Usually, the attorneys can resolve cases without your appearance, as long you can be reached via phone or email. However, if the case cannot be settled, it will need to be set for trial and you will need to appear on the trial date.
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What documents should I bring to court?The documents varies depending on the type of building but generally you will need: certified copy of deed original lease certified copy of MDR (if property is 3 family or more) certified copy of the rent registration (if premises are rent stabilized or rent controlled) If the premises are a 1 or 2 family house, and you do not reside in the premises, you will need: certified copy of a non-multiple dwelling registration.
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Where can I get a certified copy of my deed?The New York City’s Finance Administrator’s Office , in the five boroughs. In Nassau and Suffolk Counties it is the County Clerk’s Office.
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How will I find my attorney in court?If you’ve advised us that you intend to appear, and we always welcome your appearance if you wish, the attorney will call out your name and find you.
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How long does a warrant take to issue?It varies a great deal from county to county and it varies based on staffing in the court houses at any given time. Rule of thumb is probably 4-8 weeks.
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Where do I find the documents I need?Department of Housing Preservation and Development (DHPD) Division of Housing and Community Renewal (DHCR) New York City Finance Administrator
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